Indicates Matter Stricken
Indicates New Matter

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

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

Beloved, hear the words of the Psalmist (Psalm 8:11):

"O Lord, our Lord,

How excellent is Thy Name

In all the earth!

Who hast set Thy glory

Above the heavens."
Let us pray.

Lord, God of the Universe, whether we put our praise in the words of our fellow-students, the scientists who speak of creation in terms of the "big bang", or use the words of Genesis, "In the beginning God began creating the heavens and the earth"... we thank you for the beauty of the earth and for our gift of life on the planet.

Give us the spirit of nature's harmony that we may be instruments in bringing harmony, understanding,... a spiritual glow... yes, and prosperity to our social and economic realm.

Help us to test everything that we do... and say... by the standard of whether or not it is pleasing to the God of our conscience.

We pray in the Name of Him who is our Counselor... and will be our Judge.

Amen.

At 11:16 A.M., Senator GIESE made the point that a quorum was not present. It was ascertained that a quorum was present. The Senate resumed.

TO: Clerk of the Senate

Clerk of the House
FROM: Eugene C. Stoddard, Chairman
DATE: May 14, 1992
RE: Transcripts of Hearings

In compliance with the provisions of Act 119 or 1975, it is respectfully requested that the following information be printed in the Journals of the Senate and the House:

SCREENING BEFORE THE COMMITTEE TO SCREEN CANDIDATES FOR BOARDS OF TRUSTEES OF STATE COLLEGES AND UNIVERSITIES, HELD IN ROOM 433, BLATT STATE OFFICE BUILDING, COLUMBIA, SOUTH CAROLINA, ON MAY 13, 1992, COMMENCING AT THE HOUR OF 9:00 A.M.

REPRESENTATIVE STODDARD: WE ARE MEETING THIS MORNING TO SCREEN CANDIDATES FOR THE UNEXPIRED TERM OF COLONEL RISHER. DAVID S. BOYD IS PRESENT AND HAS BEEN PREVIOUSLY SCREENED.

REPRESENTATIVE CLYBORNE: I MOVE THAT DAVID S. BOYD BE WAIVED FROM SCREENING THIS MORNING SINCE HE HAS BEEN PREVIOUSLY SCREENED.

REPRESENTATIVE STODDARD: ALL IN FAVOR SAY AYE, OPPOSED NO. THE AYES HAVE IT. MR. BOYD WE APPRECIATE YOU COMING THIS MORNING. NEXT WE HAVE DR. CHARLES MILLWOOD.

(CHARLES E. MILLWOOD, JR., CANDIDATE FOR THE BOARD OF VISITORS FOR THE CITADEL, WAS DULY SWORN IN BY THE CHAIRMAN.)

Q DO YOU HAVE ANY HEALTH-RELATED PROBLEMS THAT THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN A FULL CAPACITY?
A NO SIR.
Q CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES, WOULD YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
A YES.
Q DO YOU HAVE ANY INTERESTS, PROFESSIONALLY OR PERSONALLY, THAT PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
A NO SIR.
Q DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT, IF ELECTED TO THE BOARD, WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICE HOLDING CLAUSE OF THE CONSTITUTION?
A NO SIR.
Q ANY QUESTIONS OF THE GENTLEMAN?

Q THERE IS A CASE BEFORE THE UNITED STATES SUPREME COURT CONCERNING THE ADMITTANCE OF FEMALES TO A MILITARY COLLEGE IN VIRGINIA. HOW DO YOU FEEL ABOUT ALLOWING FEMALES TO ATTEND THE CITADEL?
A I SUPPORT FEMALE STUDENTS FOR INSTRUCTION, HOWEVER, I AM AGAINST FEMALES BEING MEMBERS OF THE CORPS OR RESIDING IN THE BARRACKS.

REPRESENTATIVE STODDARD: ANY OTHER QUESTIONS? THANK YOU FOR COMING DR. MILLWOOD.

NEXT WE HAVE STEPHEN D. PEPER.

(STEPHEN D. PEPER, CANDIDATE FOR THE BOARD OF VISITORS FOR THE CITADEL, WAS DULY SWORN IN BY THE CHAIRMAN.)

Q DO YOU HAVE ANY HEALTH-RELATED PROBLEMS THAT THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN A FULL CAPACITY?
A NO, SIR.
Q CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES, WOULD YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
A YES, SIR.
Q DO YOU HAVE ANY INTERESTS, PROFESSIONALLY OR PERSONALLY, THAT PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
A NO, SIR.
Q DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT, IF ELECTED TO THE BOARD, WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICE HOLDING CLAUSE OF THE CONSTITUTION?
A NO, SIR.

Q I'D LIKE TO ASK YOU THE SAME QUESTION THAT REPRESENTATIVE CLYBORNE ASKED DR. MILLWOOD?
A YES SIR. I DO NOT FEEL THAT FEMALES SHOULD BE ALLOWED TO BE IN THE CORPS NOR RESIDE ON CAMPUS, HOWEVER, I TOO FULLY SUPPORT THE USE OF ALL INSTRUCTIONAL FACILITIES FOR FEMALE STUDENTS.

REPRESENTATIVE STODDARD: ANY OTHER QUESTIONS OF THE GENTLEMAN?

THANK YOU FOR COMING SIR.

WE HAVE ONE OTHER CANDIDATE, MR. JAMES C. BLAKELY, JR., WHO WAS UNABLE TO BE WITH US THIS MORNING DUE TO A COURT-RELATED LEGAL APPOINTMENT. WHAT ARE THE WISHES OF THE COMMITTEE? SHOULD WE SCHEDULE TO HEAR HIM AT A LATER DATE?

REPRESENTATIVE CLYBORNE: MR. CHAIRMAN. NOTING THAT THE ABSENT GENTLEMAN, AS WELL AS THOSE PRESENT, APPEAR TO HAVE NO CRIMINAL RECORD AND SEEM OTHERWISE QUALIFIED, I MOVE THAT WE FIND ALL FOUR CANDIDATES QUALIFIED THIS MORNING.

REPRESENTATIVE STODDARD: GENTLEMEN, YOU'VE HEARD THE MOTION. ALL IN FAVOR SAY AYE, OPPOSED NO. THE AYES HAVE IT.

YOU GENTLEMEN MAY NOW PROCEED TO SEEK YOUR COMMITMENTS. I MIGHT TELL YOU THAT A TENTATIVE DATE OF MAY 27 IS BEING CONSIDERED FOR THE ELECTION OF THIS SEAT.

MR. CLYBORNE MOVES THAT THE COMMITTEE ADJOURN.

MOTION PASSED UNANIMOUSLY.

PURSUANT TO ACT 119 OF 1975, THE COMMITTEE TO SCREEN CANDIDATES FOR BOARDS OF TRUSTEES OF STATE COLLEGES AND UNIVERSITIES WAS CONVENED TO CONSIDER THE QUALIFICATIONS OF CANDIDATES SEEKING TO FILL CERTAIN POSITIONS ON BOARDS OF TRUSTEES OF THE STATE'S COLLEGES AND UNIVERSITIES. THE COMMITTEE CONDUCTS SUCH INVESTIGATION OF EACH CANDIDATE AS IT DEEMS APPROPRIATE AND REPORTS ITS FINDINGS TO THE GENERAL ASSEMBLY PRIOR TO ELECTION. IT IS NOT THE FUNCTION OF THE COMMITTEE TO RECOMMEND ONE CANDIDATE OVER ANOTHER OR TO SUGGEST TO THE INDIVIDUAL LEGISLATOR FOR WHOM TO VOTE. OUR ROLE IS INSTEAD THAT OF DETERMINING WHETHER A CANDIDATE IS QUALIFIED AND UNDER THE STATUTE OUR DETERMINATION IN THAT REGARD IS NOT BINDING UPON THE GENERAL ASSEMBLY.

FOUR CANDIDATES WHO WERE UNDER CONSIDERATION AT THE TIME OF THE HEARING ARE DISCUSSED IN THIS REPORT.

THE CANDIDATES ARE FOR THE CITADEL BOARD OF VISITORS:

JAMES C. BLAKELY, JR.

DAVID S. BOYD

CHARLES E. MILLWOOD, JR.

STEPHEN D. PEPER

(On motion of Senator MACAULAY, ordered printed in the Journal)

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

May 20, 1992
Mr. President and Members of the Senate:

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

Respectfully,
Carroll A. Campbell, Jr.

Appointment, Edgefield County Magistrate, with term to expire April 30, 1994:

Mr. Davis Parkman, 507 Butler Street, Johnston, South Carolina, 29852 VICE Nicholas John Scavens (resigned)

May 19, 1992
Mr. President and Members of the Senate:

I am hereby returning without my approval S. 1440, R.418, an Act:
S. 1440 -- Senator Holland: A BILL TO AMEND SECTION 1-7-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPROPRIATIONS TO THE ATTORNEY GENERAL FOR EXPENSES OF LITIGATION, SO AS TO DELETE THE REQUIREMENT THAT THE ATTORNEY GENERAL PROVIDE BLANK INDICTMENTS FOR THE CIRCUIT SOLICITORS, AND TO AMEND SECTION 1-7-940, RELATING TO THE DUTIES OF THE SOUTH CAROLINA COMMISSION ON PROSECUTION COORDINATION, SO AS TO ADD THE DUTY OF PROVIDING BLANK INDICTMENTS FOR THE CIRCUIT SOLICITORS.
This veto is based upon the fact that the provisions of this Bill are identical to the provisions of H. 4637, R.391, which I signed into law on May 4, 1992. It is my view that since the purpose of this Bill has already been accomplished, the Bill is unnecessary and should be vetoed.

Yours sincerely,
Carroll A. Campbell, Jr.
Governor

The veto of the Governor was taken up for immediate consideration.

Senator STILWELL moved that the veto of the Governor be sustained.

The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?

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

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

The necessary two-thirds vote not having been received, the veto by the Governor was sustained, and a message was sent to the House accordingly.

May 19, 1992
The Honorable Nick A. Theodore
President of the Senate
State House, 1st Floor, East Wing
Columbia, South Carolina 29202

Dear Mr. President and Members of the Senate:

I have signed R.421 (S. 118) because the legislation is worthwhile and its goals are laudable. I do, however, have concerns that some of the language is vague and could lead to extensive litigation over legislative intent.

Those expressions contained in this legislation include requirements that the Department of Mental Retardation shall provide clients with "care and habilitation suited to their needs" and such care must be administered skillfully, safely, and humanely with full respect for the clients' dignity and personal integrity. [See Section 44-26-140(A)]. This language clearly substitutes well-defined legal standards with vague wording yet provides no guidance as to legislative intent. My concern is the terrible burden we place on a state agency and ultimately the Judiciary to determine what exactly is required by this legislation. The unfortunate result of such language may not only be extensive and protracted litigation, but also a State agency requesting enormous additional appropriations to meet what it may believe are "new" mandates under these unclear requirements.

I believe we have failed to live up to our legislative responsibility of approving clear and concise legislation containing defined and precise legal terms. Before this litigation creates too much controversy, I urge the General Assembly to develop some clarification and refinements during the next legislative session, even as we work to improve the delivery of service to these clients.

Sincerely,
Carroll A. Campbell, Jr.
Governor

Senator PATTERSON introduced Dr. Beverly Simons of Columbia (Eastover), South Carolina, Doctor of the Day.

At 11:15 A.M., Senator MITCHELL requested and was granted a leave of absence for today beginning at 12:15 P.M. until Tuesday, May 26, 1992, at 12:00 Noon.

Senator PATTERSON rose to a Point of Privilege.

Senator LEVENTIS rose to a Point of Privilege.

Columbia, S.C., May 20, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
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.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., May 20, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
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.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

On motion of Senator REESE, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment, on Wednesday, June 3, 1992, to only consider a local appointment.

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.

On motion of Senator MACAULAY, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

On motion of Senator MACAULAY, with unanimous consent, the Report of the Committee of Conference (JIC\6587.HC) was adopted as follows:

The COMMITTEE OF CONFERENCE, to whom was referred:
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.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 12-49-300 of the 1976 Code is amended to read:

"Section 12-49-300. When real estate is sold for taxes in any a county, the sheriff, before delivering the title to such real estate to the purchaser at such sale, shall give not less than at least thirty days' notice of the sale to any a mortgagee or assignee of any a mortgage appearing of record within ten twenty years of such the seizure as interested who has an interest in such the real estate in order that such the mortgagee or assignee may have opportunity to redeem such the real estate, as provided by law for the owner thereof. Such The notice shall either must be served either on such the mortgagee or assignee in person or forwarded to his last known post office address by registered certified mail, return receipt requested - deliver to addressee only or when. When his whereabouts may be are unknown, it the notice may be had by publication published upon petition and order as is required for service of summons by publication in civil actions, the . The expense of which the publication and petition shall must be paid in advance of publication by the purchaser at such the sale."

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

Renumber sections to conform.

Amend title to conform.

/s/Alexander S. Macaulay /s/James H. Harrison
/s/David L. Thomas /s/F. G. Delleney, Jr.
/s/Theo W. Mitchell /s/John B. Williams

On the part of the Senate. On the part of the House.
and a message was sent to the House accordingly.

H. 3907 -- Reps. Mattos, P. Harris, Manly and Townsend: A BILL TO REVISE THE CHARGES FOR ENVIRONMENTAL PERMITS, LICENSES, AND CERTIFICATES REQUIRED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL UNDER THE POLLUTION CONTROL ACT, THE SAFE DRINKING WATER ACT, THE HAZARDOUS WASTE MANAGEMENT ACT, THE OIL AND GAS ACT, AND DEPARTMENT REGULATIONS.

On motion of Senator J. VERNE SMITH, with unanimous consent, the Bill was recalled from the Committee on Finance and ordered placed on the Calendar.

Senator J. VERNE SMITH asked that his name be placed on the Bill as desiring to be present when taken up for consideration.

There was no objection.

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.

On motion of Senator McCONNELL, with unanimous consent, the Bill was recalled from the Committee on Transportation and ordered placed on the Calendar.

There was no objection.

H. 4258 -- Reps. Snow, G. Bailey, Sharpe, Rhoad, Kennedy, Altman, Smith, Farr, Wilder, Waldrop, McAbee and McTeer: A BILL TO AMEND SECTION 46-45-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS OF "AGRICULTURAL FACILITY" AND "AGRICULTURAL OPERATION" UNDER THE PROVISIONS OF LAW CONCERNING NUISANCE SUITS RELATED TO AGRICULTURAL OPERATIONS, SO AS TO INCLUDE "TREES" AND "SILVICULTURE" WITHIN THOSE DEFINED TERMS.

The House returned the Bill as requested.

On motion of Senator MOORE, with unanimous consent, the Bill was ordered returned to the House.

There was no objection.

At 11:55 A.M., Senator POPE assumed the Chair.

The following were introduced:

S. 1568 -- Senator Wilson: A SENATE RESOLUTION RECOGNIZING THE IMPORTANT CONTRIBUTION OF ADVANCED TELECOMMUNICATIONS CORPORATION IN PROVIDING HIGH-QUALITY COMPETITIVE LONG DISTANCE SERVICE TO SOUTH CAROLINA BUSINESSES AND RESIDENTS.

The Senate Resolution was adopted.

S. 1569 -- Senator Saleeby: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 27, 1992, AS THE TIME FOR ELECTING PERSONS TO SERVE ON THE STATE COMMISSION ON CONSUMER AFFAIRS FOR STATEWIDE VACANCIES, TO FILL THE TERMS WHICH WILL EXPIRE AS PROVIDED BY LAW.

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

That the House of Representatives and the Senate shall meet in joint assembly in the Hall of the House of Representatives on Wednesday, May 27, 1992, for the purpose of electing persons to serve on the State Commission on Consumer Affairs for statewide vacancies, to fill the terms which will expire as provided by law.

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

S. 1570 -- Senators Holland, Peeler, Martin and Nell W. Smith: A CONCURRENT RESOLUTION TO NAME THE DIVISION OF MOTOR VEHICLES OFFICE BUILDING OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO BE BUILT AT BALLENTINE IN RICHLAND COUNTY IN HONOR OF A. W. UTSEY, JR.

Whereas, A. W. "Will" Utsey, Jr., served as director of the Division of Motor Vehicles of the South Carolina Department of Highways and Public Transportation from 1986 until his retirement in 1988; and

Whereas, during his years as director, the Division of Motor Vehicles handled well over two million vehicle registrations and served over two million licensed drivers annually; and

Whereas, Mr. Utsey, a resident of Chapin and a native of Bamberg County, joined the highway department in 1957 as a part-time junior clerk in the motor vehicle division, and following his graduation from the University of South Carolina, he joined the department full-time in the driver records section; and

Whereas, in 1960, Mr. Utsey took charge of administering the newly enacted Uninsured Motorists Act, and when the uninsured motorists and financial responsibility sections were combined in 1966, he was appointed supervisor; and

Whereas, he was appointed assistant director of the Division of Motor Vehicles in July, 1975, and held that position until he was promoted to director, upon the retirement of Emory P. Austin, Jr.; and

Whereas, he served as president and a member of the board of directors for Region 2 of the American Association of Motor Vehicle Administrators and on the International Board of Directors; and

Whereas, the members of the General Assembly and the South Carolina State Highways and Public Transportation Commission wish to recognize Mr. Utsey in a tangible way for his years of distinguished public service. Now, therefore,

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

That the Division of Motor Vehicles Office Building of the South Carolina Department of Highways and Public Transportation in Ballentine, scheduled to open in 1993, be named in honor of A. W. "Will" Utsey, Jr.

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

Referred to the Committee on Transportation.

S. 1571 -- Senators Matthews, Williams, Land, McGill, Peeler, Fielding, Washington, Saleeby, Moore, Leventis, Pope, Bryan, Carmichael, Cork, Courson, Courtney, Drummond, Giese, Gilbert, Robert W. Hayes, Jr., Helmly, Hinds, Hinson, Holland, Leatherman, Lourie, Macaulay, Martin, Martschink, McConnell, Mitchell, Mullinax, O'Dell, Passailaigue, Patterson, Reese, Rose, Russell, Setzler, Shealy, J. Verne Smith, Nell W. Smith, Stilwell, Thomas and Wilson: A BILL TO AMEND SECTION 57-25-150(B) OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO EXEMPT CERTAIN SOUTH CAROLINA FARMERS FROM THE INITIAL APPLICATION FEE REQUIRED OF APPLICANTS SEEKING PERMITS TO ERECT OUTDOOR ADVERTISING SIGNS.

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

On motion of Senator MATTHEWS, S. 1571 was ordered to receive a second and third reading on the next two consecutive legislative days.

S. 1572 -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF CONSUMER AFFAIRS, RELATING TO LICENSING STANDARDS FOR CONTINUING CARE RETIREMENT COMMUNITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1433, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 1573 -- Senator Peeler: A BILL TO FURTHER PROVIDE FOR THE MANNER IN WHICH AND DISTRICTS FROM WHICH MEMBERS OF THE BOARD OF TRUSTEES OF CHEROKEE COUNTY SCHOOL DISTRICT 1 SHALL BE ELECTED.

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

H. 4874 -- Rep. T.C. Alexander: A CONCURRENT RESOLUTION COMMENDING THE ROSA CLARK MEDICAL CLINIC OF OCONEE COUNTY AND ALL THOSE ASSOCIATED WITH THE CLINIC FOR TEN YEARS OF OUTSTANDING MEDICAL CARE TO THE INDIGENT OF THAT COUNTY.

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

H. 4875 -- Rep. Phillips: A CONCURRENT RESOLUTION TO COMMEND MR. E. BLAIR RICE, JR., OF BELTON FOR HIS OUTSTANDING SERVICE AS PRESIDENT OF THE SOUTH CAROLINA TEXTILE MANUFACTURERS ASSOCIATION FOR 1991-92.

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

H. 4876 -- Rep. Foster: A CONCURRENT RESOLUTION TO CONGRATULATE CAPTAIN CHARLES T. CABANISS OF ROCK HILL ON BEING NAMED THE "1992 LAW ENFORCEMENT OFFICER OF THE YEAR".

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

H. 4851 -- Reps. Hodges and Boan: A BILL TO AMEND ACT 777 OF 1988, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE LANCASTER COUNTY SCHOOL DISTRICT, SO AS TO DECREASE FROM NINE TO SEVEN THE NUMBER OF MEMBERS OF THE BOARD OF TRUSTEES, PROVIDE THAT EACH MEMBER OF THE BOARD MUST BE ELECTED FROM SINGLE-MEMBER ELECTION DISTRICTS FROM WHICH MEMBERS OF THE LANCASTER COUNTY COUNCIL ARE ELECTED, DELETE TRANSITIONAL PROVISIONS, PROVIDE FOR THE STAGGERING OF TERMS OF THE NEWLY ELECTED MEMBERS, PROVIDE THAT MEMBERS SERVING ON THE EFFECTIVE DATE OF THIS ACT SHALL SERVE THE REMAINDER OF THE TERM FOR WHICH THEY WERE ELECTED, TO PROVIDE THAT A VACANCY OCCURRING AT LEAST ONE HUNDRED TWENTY DAYS BEFORE A GENERAL ELECTION MUST BE FILLED BY A SPECIAL ELECTION, AND DELETE THE PROVISIONS RELATING TO THE ESTABLISHMENT OF SINGLE-MEMBER ELECTION DISTRICTS.

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

H. 4859 -- Rep. McTeer: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF MAY 7, 1992, MISSED BY STUDENTS IN HAMPTON SCHOOL DISTRICTS 1 AND 2 DUE TO A BOMB THREAT IS EXEMPT FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN.

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

Senator COURSON, from the Committee on Invitations, has polled out S. 1558, with no report:

S. 1558 -- Senators Matthews, Williams, Fielding, Gilbert, Mitchell, Patterson, Washington and Setzler: A SENATE RESOLUTION TO WELCOME DR. KOSONIKI KOSO-THOMAS, VICE-CHANCELLOR OF THE UNIVERSITY OF SIERRA LEONE, UPON HIS VISIT TO SOUTH CAROLINA STATE COLLEGE AND TO RECOGNIZE HIM ON WEDNESDAY, MAY 27, 1992.

Courson Smith, Nell W. Moore
Bryan Setzler Wilson
Fielding Shealy Peeler

McConnell

Ordered for consideration tomorrow.

Senator LOURIE, from the Committee on Transportation, submitted a majority favorable, and Senator HINDS, a minority unfavorable report on:

H. 3092 -- Reps. Bruce, McBride, Chamblee, Rama, Vaughn, Sturkie, Kirsh, Farr, Quinn, Marchbanks, Corning, Wofford and Waldrop: A BILL TO REPEAL ARTICLE 37, CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSPECTION OF VEHICLES.

Ordered for consideration tomorrow.

Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:

H. 3636 -- Rep. Clyborne: A BILL TO AMEND SECTION 41-25-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSING REQUIREMENTS FOR PRIVATE PERSONNEL AGENCIES, SO AS TO DELETE THE PROHIBITION AGAINST CONDUCTING PERSONNEL PLACEMENT SERVICES IN A RESIDENCE.

Ordered for consideration tomorrow.

Senator MARTIN, from the Committee on Banking and Insurance, has polled out H. 3859, favorable with amendment:

H. 3859 -- Rep. J. Bailey: A BILL TO AMEND SECTION 56-10-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DURATION AND CANCELLATION OF CERTAIN MOTOR VEHICLE LIABILITY INSURANCE POLICIES ISSUED TO MEET FINANCIAL RESPONSIBILITY REQUIREMENTS, SO AS TO PERMIT CANCELLATION OF THE POLICY IF THE INSURED HAS SECURED ANOTHER POLICY THAT MEETS THESE FINANCIAL RESPONSIBILITY REQUIREMENTS.

Martin Moore Matthews
Williams Peeler McGill
Saleeby Shealy Courtney
Courson Macaulay Giese

Leatherman Setzler Leventis
Fielding McConnell Mitchell

Ordered for consideration tomorrow.

Senator COURSON, from the Committee on Invitations, has polled out H. 4848, with no report:

H. 4848 -- Rep. Barber: A CONCURRENT RESOLUTION TO DESIGNATE 1992 AS THE YEAR OF PALMETTO DISCOVERY AND OCTOBER 12, 1992, AS PALMETTO DISCOVERY '92 DAY TO BE RECOGNIZED WITH APPROPRIATE CELEBRATIONS THROUGHOUT SOUTH CAROLINA.

Courson Smith, Nell W. Moore
Bryan Setzler Wilson
Fielding Shealy Peeler

McConnell

Ordered for consideration tomorrow.

S. 1141 -- Senator Moore: A JOINT RESOLUTION TO EXEMPT FROM SOLID WASTE DISPOSAL FEES PROPERTY DELIVERED PURSUANT TO WRITTEN CONTRACTS EXECUTED BEFORE NOVEMBER 1, 1991; TO EXEMPT FROM THE FEES PROPERTY DELIVERED PURSUANT TO A WRITTEN BID SUBMITTED BEFORE NOVEMBER 1, 1991, CULMINATING IN A CONTRACT BEFORE FEBRUARY 1, 1992, TO REQUIRE A VERIFIED COPY OF THE CONTRACT TO BE FILED WITH THE SOUTH CAROLINA TAX COMMISSION, TO ALLOW REFUNDS OR CREDITS FOR FEES REMITTED ON EXEMPT CONTRACTS, AND TO AUTHORIZE THE COMMISSION TO PRESCRIBE FORMS AND PROCEDURES FOR CLAIMING THE REFUND OR CREDIT.

The House returned the Joint Resolution with amendments.

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

S. 1562 -- Senator Macaulay: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 27, 1992, AS THE TIME FOR ELECTING PERSONS TO SERVE ON THE STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION FOR THE SECOND, FOURTH AND SIXTH CONGRESSIONAL DISTRICTS TO FILL THE CURRENT TERMS WHICH EXPIRE JUNE 30, 1992.

Returned with concurrence.

Received as information.

S. 1564 -- Senators Mitchell, Thomas, J. Verne Smith, Bryan and Stilwell: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. MARY WOODS OF TAYLORS UPON BEING NAMED SOUTH CAROLINA PRINCIPAL OF THE YEAR.

Returned with concurrence.

Received as information.

S. 1566 -- Senator Holland: A CONCURRENT RESOLUTION TO REQUEST THE KERSHAW COUNTY COUNCIL TO NAME THE BUILDING WHICH HOUSES THE KERSHAW COUNTY SHERIFF'S DEPARTMENT AT 609 LAFAYETTE AVENUE IN CAMDEN AS THE "DEBRUHL BUILDING".

Returned with concurrence.

Received as information.

S. 1567 -- Senator Helmly: A CONCURRENT RESOLUTION TO RECOGNIZE DR. HENRY W. BREVARD OF BERKELEY COUNTY AS HE COMPLETES HIS SIXTH YEAR OF SERVICE ON THE BOARD OF TRUSTEES OF SOUTH CAROLINA STATE COLLEGE AND TO THANK HIM FOR HIS MANY CONTRIBUTIONS IN THE FIELD OF EDUCATION.

Returned with concurrence.

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

The following Bills and Joint Resolution were read the third time and having received three readings in both Houses, it was ordered that the titles thereof be changed to that of Acts and same enrolled for Ratification:

H. 4085 -- Rep. Harwell: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR FISCAL YEAR BEGINNING JULY 1, 1991, AND ENDING JUNE 30, 1992.

(By prior motion of Senator CARMICHAEL)

H. 4489 -- Rep. Harvin: A BILL TO AMEND SECTION 7-7-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS IN CLARENDON COUNTY, SO AS TO PROVIDE FOR THE VOTING PLACE FOR THE CALVARY PRECINCT.

(By prior motion of Senator LAND)

H. 4782 -- Rep. Gentry: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF SALUDA COUNTY SCHOOL DISTRICT NO. 1, SOUTH CAROLINA, THE GOVERNING BODY OF THE SALUDA COUNTY SCHOOL DISTRICT NO. 1, SOUTH CAROLINA, TO ISSUE AND SELL GENERAL OBLIGATION BONDS OF THE SCHOOL DISTRICT IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED THOUSAND DOLLARS ($400,000), TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSE FOR WHICH THE PROCEEDS MAY BE EXPENDED, AND TO PROVIDE FOR THE PAYMENT OF THE BONDS.

(By prior motion of Senator POPE)

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.

H. 4737 -- Rep. Keyserling: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-320 SO AS TO AUTHORIZE A SPECIAL PURPOSE DISTRICT WHICH IS EMPOWERED TO PROVIDE WATER SERVICES TO PROVIDE SEWAGE COLLECTION AND DISPOSAL SERVICES UNDER CERTAIN PRESCRIBED CIRCUMSTANCES.

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

H. 3868 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-422, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESTRICTIONS ON THE USE OF GILL NETS FOR TAKING AMERICAN SHAD IN STATE WATERS OF THE ATLANTIC OCEAN, SO AS TO PROVIDE THAT EACH NET SET IN VIOLATION OF THIS SECTION CONSTITUTES A SEPARATE OFFENSE.

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

H. 3869 -- Rep. Snow: A BILL TO AMEND CHAPTER 17, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 SO AS TO PROVIDE A POINT SYSTEM TO BE USED IN SUSPENDING PRIVILEGES, LICENSES, AND PERMITS FOR VIOLATIONS OF COASTAL FISHERIES LAWS AND REGULATIONS.

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

H. 3027 -- Rep. Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-95 SO AS TO PROHIBIT THE CAPTURING OR REMOVAL FROM THE WATERS OF THIS STATE AND THE DISPLAY OF A MAMMAL OF THE ORDER CETACEA (DOLPHINS AND WHALES) AND TO PRESCRIBE PENALTIES FOR VIOLATIONS.

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

H. 4211 -- Reps. Sharpe, Sturkie, Smith, Huff, Klapman, Harvin, Bennett, J. Harris, Kennedy, Stone and Wilder: A BILL TO AMEND SECTION 24-13-650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE RELEASE OF AN OFFENDER INTO THE COMMUNITY IN WHICH HE COMMITTED A VIOLENT CRIME, SO AS TO PROVIDE AN EXCEPTION TO THIS PROHIBITION.

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.

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

S. 891 -- Senator Land: A BILL TO AMEND SECTION 7-7-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS IN CLARENDON COUNTY, SO AS TO PROVIDE FOR THE VOTING PLACE FOR THE CALVARY PRECINCT.

(By prior motion of Senator LAND)

S. 1549 -- Senator Carmichael: A BILL TO AUTHORIZE THE DILLON COUNTY BOARD OF EDUCATION TO BORROW AN AMOUNT NOT TO EXCEED FOUR HUNDRED EIGHTY THOUSAND DOLLARS TO BE USED FOR SCHOOL CONSTRUCTION IN DILLON COUNTY SCHOOL DISTRICT 3 AND TO PROVIDE FOR THE REPAYMENT OF THE LOAN.

(By prior motion of Senator CARMICHAEL)

S. 1561 -- Senators Rose and Matthews: A BILL TO PROVIDE THAT THE BOARD OF EDUCATION OF DORCHESTER COUNTY IS ABOLISHED UPON THE ELECTION AND QUALIFICATION OF THE BOARD OF TRUSTEES OF DORCHESTER COUNTY SCHOOL DISTRICT 4 AND PROVIDE THAT UPON DISSOLUTION, THE DUTIES AND RESPONSIBILITIES OF THE BOARD ARE DEVOLVED ON THE ELECTED BOARD OF TRUSTEES OF THE RESPECTIVE SCHOOL DISTRICTS IN DORCHESTER COUNTY; AND TO PROVIDE THAT UNTIL THE ELECTION AND QUALIFICATION OF THE MEMBERS OF THE BOARD OF TRUSTEES OF DORCHESTER COUNTY SCHOOL DISTRICT 4, THE BOARD IS PROHIBITED FROM INCURRING ANY TYPE OF INDEBTEDNESS OR ENTERING INTO ANY TYPE OF LEASE-BACK OR LEASE-PURCHASE AGREEMENT INVOLVING REAL PROPERTY WITH A PUBLIC OR PRIVATE ENTITY WHERE THE DISTRICT IS THE LESSEE.

(By prior motion of Senator ROSE)

S. 1531 -- Senator Bryan: A BILL TO AMEND ACT 571 OF 1990, AS AMENDED, RELATING TO JUVENILE DETENTION, SO AS TO CHANGE THE EFFECTIVE DATE FOR CERTAIN SECTIONS FROM JANUARY 1, 1993, TO JULY 1, 1993.

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.

On motion of Senator PATTERSON, with unanimous consent, the Bill was taken up for immediate consideration.

On motion of Senator PATTERSON, third reading was reconsidered.

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

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

H. 4324 -- Rep. Altman: A BILL TO AMEND SECTION 56-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL RESTRICTED LICENSES FOR CERTAIN MINORS, SO AS TO CHANGE THE TIME PERIOD FOR OPERATION OF MOTOR VEHICLES.

Senator LOURIE explained the Bill.

S. 1465 -- Senator Rose: A BILL TO AMEND SECTION 20-7-1330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITIONAL POWERS OF THE FAMILY COURT AND PROCEDURES USED IN ADJUDICATING CASES, SO AS TO PERMIT THE COURT TO IMPOSE BOTH MONETARY RESTITUTION AND COMMUNITY SERVICE RESTITUTION AS CONDITIONS OF PROBATION, TO REQUIRE JUVENILES PERFORMING COMMUNITY SERVICE RESTITUTION TO PAY A SUPERVISION FEE, TO REQUIRE JUVENILES PAYING MONETARY RESTITUTION TO PAY A SURCHARGE ON THE AMOUNT, AND TO ALLOW THE DEPARTMENT OF YOUTH SERVICES TO RETAIN AND CARRY FORWARD THESE FEES FOR THE PURPOSE OF ADMINISTERING THESE PROGRAMS.

H. 3589 -- Rep. J. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 38-77-175 AND 56-7-12 SO AS TO REQUIRE WRITTEN VERIFICATION OF MOTOR VEHICLE LIABILITY INSURANCE COVERAGE.

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

Senator MARTIN proposed the following Amendment No. 1 (BIN3589.005):

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

/ SECTION 1. The 1976 Code is amended by adding:

"Section 38-77-175. (A) When the operator or owner of a motor vehicle is issued a traffic ticket for a moving violation by a law enforcement officer, he must be furnished a written request form to be completed by the owner and his insurance company or its agent to verify liability insurance coverage. The form must be in a manner prescribed by regulation of the Department of Highways and Public Transportation.

(B) The completed and verified form must be returned by the operator or owner to the local law enforcement agency issuing the traffic ticket within fifteen days from the date he receives it. Failure to return the form verified in the proper manner is prima facie evidence that the vehicle was uninsured.

(C) The Director of the Motor Vehicle Division of the department shall waive the reinstatement fee or per diem fine, or both, imposed upon the owner or operator of the motor vehicle pursuant to this section for his failure to complete and return the insurance verification form if he has liability insurance coverage when determined to be uninsured by the department. The director shall document his reasons for waiving the fees or fines in the records of the department.

(D) No person knowingly may furnish or aid another in the submission of false or misleading information in the completed and verified form. A person who knowingly furnishes or aids another in submitting false or misleading information regarding the verification of liability insurance is subject to the penalties in Section 56-10-260.

(E) This section only applies to owners and operators of individual private passenger automobiles as defined in Section 38-77-30(5.5) registered under the laws of South Carolina.

(F) Motor vehicles determined to be uninsured under this section are subject to Sections 56-10-240 and 56-10-245.

(G) The operator of the motor vehicle shall present the written request form for verification of liability insurance coverage to the owner of the vehicle. Failure by the operator to give the form to the owner is prima facie evidence that the operator knowingly furnished false and misleading information to the department.

However, the form must have the following sentence on its face in bold type, all capitals, and large print: `THE OWNER OR OPERATOR OF A MOTOR VEHICLE WHO IS ISSUED THIS FORM SHALL COMPLETE AND RETURN THE FORM TO THE ISSUING AGENCY WITHIN FIFTEEN DAYS OR IS SUBJECT TO A TWO HUNDRED DOLLAR REINSTATEMENT FEE AND FIVE DOLLAR A DAY FINE PURSUANT TO SOUTH CAROLINA LAW. IF YOU ARE NOT THE OWNER OF THE MOTOR VEHICLE, YOU SHALL PRESENT THIS FORM TO THE OWNER OR YOU ARE SUBJECT TO FINE AND IMPRISONMENT.' The officer shall read aloud this sentence to the owner or operator of the motor vehicle upon furnishing the written request form to verify liability insurance coverage."

SECTION 2. The 1976 Code is amended by adding:

"Section 56-7-12. (A) When the operator or owner of a motor vehicle is issued a traffic ticket for a moving violation by a law enforcement officer, he must be furnished a written request form to be completed by the owner and his insurance company or its agent to verify liability insurance coverage. The form must be in a manner prescribed by regulation of the Department of Highways and Public Transportation.

(B) The completed and verified form must be returned by the operator or owner to the local law enforcement agency issuing the traffic ticket within fifteen days from the date he receives it. Failure to return the form verified in the proper manner is prima facie evidence that the vehicle was uninsured.

(C) The Director of the Motor Vehicle Division of the department shall waive the reinstatement fee or per diem fine, or both, imposed upon the owner or operator of the motor vehicle pursuant to this section for his failure to complete and return the insurance verification form if he has liability insurance coverage when determined to be uninsured by the department. The director shall document his reasons for waiving the fees or fines in the records of the department.

(D) No person knowingly may furnish or aid another in the submission of false or misleading information in the completed and verified form. A person who knowingly furnishes or aids another in submitting false or misleading information regarding the verification of liability insurance is subject to the penalties in Section 56-10-260.

(E) This section only applies to owners and operators of individual private passenger automobiles as defined in Section 38-77-30(5.5) registered under the laws of South Carolina.

(F) Motor vehicles determined to be uninsured under this section are subject to Sections 56-10-240 and 56-10-245.

(G) The operator of the motor vehicle shall present the written request form for verification of liability insurance coverage to the owner of the vehicle. Failure by the operator to give the form to the owner is prima facie evidence that the operator knowingly furnished false and misleading information to the department.

However, the form must have the following sentence on its face in bold type, all capitals, and large print: `THE OWNER OR OPERATOR OF A MOTOR VEHICLE WHO IS ISSUED THIS FORM SHALL COMPLETE AND RETURN THE FORM TO THE ISSUING AGENCY WITHIN FIFTEEN DAYS OR IS SUBJECT TO A TWO HUNDRED DOLLAR REINSTATEMENT FEE AND FIVE DOLLAR A DAY FINE PURSUANT TO SOUTH CAROLINA LAW. IF YOU ARE NOT THE OWNER OF THE MOTOR VEHICLE, YOU SHALL PRESENT THIS FORM TO THE OWNER OR YOU ARE SUBJECT TO FINE AND IMPRISONMENT.' The officer shall read aloud this sentence to the owner or operator of the motor vehicle upon furnishing the written request form to verify liability insurance coverage."

SECTION 3. Section 56-10-240 of the 1976 Code is amended by adding at the end:

"The Director of the Motor Vehicle Division of the department shall waive the reinstatement fee or per diem fine, or both, imposed upon the owner or operator of the motor vehicle pursuant to this section if this person has liability insurance coverage when determined to be uninsured by the department. The director shall document his reasons for waiving the fees or fines in the records of the department."

SECTION 4. Section 56-10-245 of the 1976 Code is amended by adding at the end:

"The Director of the Motor Vehicle Division of the department shall waive the reinstatement fee or per diem fine, or both, imposed upon the owner or operator of the motor vehicle pursuant to this section if this person has liability insurance coverage when determined to be uninsured by the department. The director shall document his reasons for waiving the fees or fines in the records of the department."

SECTION 5. Section 56-10-45 of the 1976 Code is amended to read:

"Section 56-10-45. (A) For the purpose of recovering motor vehicle registration plates as required by Section 56-10-40 of the 1976 Code, the department may contract with or make working arrangements with local law enforcement agencies including sheriffs and municipal law enforcement departments for them to confiscate these plates, upon a contract or working arrangement being agreed to. The local law enforcement agencies are authorized to confiscate these plates. The local law enforcement agencies must be paid for this service in the manner agreed upon between them and the executive director from funds of the department which are to be used for this purpose.

(B) Notwithstanding the provisions of subsection (A), local law enforcement agencies including sheriffs and municipal law enforcement agencies are authorized to confiscate motor vehicle registration certificates and plates where the security required by this chapter has lapsed. All motor vehicle registration certificates and plates confiscated pursuant to this section must be returned to the department within fifteen days. The department shall collect and keep the reinstatement fee as provided in Section 56-10-240 and the per diem fine as provided in Section 56-10-245 upon the reinstatement of tags confiscated by local law enforcement agencies pursuant to this section. Fines collected pursuant to Section 56-10-240 shall be paid to the Governing Body of the local law enforcement agency confiscating the tags and deposited in the general fund of the local governing body. The Executive Director of the Department of Highways and Public Transportation or his designee shall monthly provide information to local law enforcement agencies, upon request of the local law enforcement agency, on uninsured vehicles."

SECTION 6. This act takes effect upon approval by the Governor. /

Amend title to conform.

Senator SALEEBY explained the amendment.

On motion of Senator SALEEBY, with unanimous consent, Amendment No. 2, proposed by Senator MACAULAY, (BIN3589.006) was ordered printed in the Journal:

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

/ SECTION 6. Section 38-77-280 of the 1976 Code, as last amended by Act 557 of 1990, is further amended to read:

"Section 38-77-280. (A) Except as provided in subsection (B), all automobile insurers, including those insurance companies writing private passenger physical damage coverages only, shall may make collision coverage and either comprehensive or fire, theft, and combined additional coverage available to an insured or qualified applicant who requests the coverage.

If Collision collision coverage is offered or provided, it must have a mandatory deductible of two hundred fifty dollars, but an insured or qualified applicant, at his option, may select an additional deductible in appropriate increments up to one thousand dollars.

If Comprehensive comprehensive coverage or fire, theft, and combined additional coverages is offered or provided, it must have a mandatory deductible of two hundred fifty dollars, but an insured, at his option, may select an additional deductible in appropriate increments up to one thousand dollars. This deductible does not apply to auto safety glass. It is an unfair trade practice, as described in Sections 38-57-30 and 38-57-40, for an insurer or an agent to sell collision insurance, comprehensive coverage, or fire, theft, and combined additional coverages unless the insured is notified at the time of application of the savings which may be realized if the applicant or the insured selects a higher deductible. This notice is required only at the time of the initial sale and must be in a form approved by the Chief Insurance Commissioner. An insurer may offer insureds lower deductibles at the insurer's option.

(B) Notwithstanding subsection (A) and Sections 38-77-110 and 38-77-920, automobile insurers may refuse to write automobile physical damage insurance coverage, including automobile comprehensive physical damage, collision, fire, theft, and combined additional coverage, for any applicant or existing policyholder, on renewal, for a motor vehicle customarily operated by an individual, either the named insured or any other operator not excluded in accordance with Section 38-77-340 and who resides in the same household, where one or more of the conditions or factors prescribed in Section 38-73-455 exist. In addition, automobile insurers may refuse to write physical damage insurance coverage to any applicant or existing policyholder, on renewal, who has collected benefits provided under any automobile insurance physical damage coverage during the thirty-six months immediately preceding the effective date of coverage, for two or more total fire losses or two or more total theft losses. All insurers subject to the provisions of this section writing single interest collision coverage shall provide an applicant for the insurance at the time of his application a notice separate and apart from any other form used in the application. The notice must be signed by the applicant evidencing his acknowledgment of having read the notice. The notice must contain the following language printed in bold face type:
`NOTICE: THE INSURANCE COVERAGE YOU ARE HEREBY PURCHASING IS ONLY SINGLE INTEREST COLLISION COVERAGE. THE AMOUNT OF INSURANCE DECREASES AS YOU PAY OFF THE AMOUNT OF YOUR INDEBTEDNESS. YOU MAY NOT RECEIVE ANY INSURANCE PROCEEDS OVER AND ABOVE THE AMOUNT OF THE OUTSTANDING BALANCE ON YOUR LOAN.'

(C) Notwithstanding Section 38-77-110, automobile physical damage coverage in an automobile insurance policy may be canceled at any time during the policy period by reason of the factors or conditions described in Section 38-73-455(A) or Section 38-77-280(B) which existed before the commencement of the policy period and which were not disclosed to the insurer at the commencement of the policy period.

(D) No policy of insurance which provides or includes automobile physical damage coverage only may be ceded to the facility.

(E) Insurers of automobile insurance may charge a rate for physical damage insurance coverages different than those provided for in Section 38-73-457 if the rates are filed and approved by the Chief Insurance Commissioner. Any applicant or existing policyholder, to be charged this different rate, must be denied the coverage pursuant to subsection (B) at the rate provided in Section 38-73-457.

(F) A carrier may not cede collision coverage, comprehensive coverage, or fire, theft, and combined additional coverages with a deductible of less than two hundred fifty dollars. An insured or qualified applicant may select an additional deductible in appropriate increments up to one thousand dollars. However, the mandatory deductible does not apply to safety glass." /

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

/ SECTION 7. All insurers shall submit rate filings within twelve months following the effective date of this act, which filings must reflect the rate decreases, if any, attributable to the passage of SECTION 6 this act. /

Renumber remaining sections to conform.

Amend title to conform.

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

H. 3606 -- Reps. Waites, Kinon, Rogers, Corning, Quinn, Keyserling, Rama, Cork, Rudnick, Glover, McGinnis, Kempe, Burriss, Huff, Beasley and Cromer: A BILL TO AMEND SECTIONS 14-7-190 AND 14-7-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRAWING OF PETIT JURORS TO SERVE AS JURY POOL, SO AS TO PROVIDE THAT JURORS BE DRAWN NOT LESS THAN FIFTEEN DAYS INSTEAD OF TEN DAYS BEFORE THE TERM OF COURT; TO AMEND SECTION 14-7-250, RELATING TO THE DISPOSITION OF NAMES OF THOSE DRAWN AND WHO SERVE ON JURIES, SO AS TO PROVIDE THAT A JUROR MAY ONLY SERVE ONCE WITHIN FIVE YEARS; TO AMEND SECTION 14-7-1550, RELATING TO THE DRAWING OF GRAND JURY VENIRE, SO AS TO INCREASE THE NUMBER DRAWN FROM THIRTY TO FIFTY; AND TO REPEAL SECTION 14-7-400 RELATING TO THE DATE BY WHICH THE SHERIFF MUST SUMMON JURORS.

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

The amendment proposed by the Committee on Judiciary (JUD3606.001) was adopted as follows:

Amend the bill, as and if amended, page 2, line 26, in Section 14-7-250, as contained in SECTION 3, by striking /five/ and inserting therein /three/ .

Amend title to conform.

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

H. 4569 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM SALES TAX, SO AS TO PROVIDE THAT SCRAP METAL PROCESSORS ARE CONSIDERED MANUFACTURERS FOR PURPOSES OF THE EXEMPTIONS RELATING TO THE SALE OF ELECTRICITY OR OTHER FUELS TO MANUFACTURERS FOR CERTAIN USES.

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

Senator LEATHERMAN proposed the following amendment (JIC\6583.HC), which was adopted:

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

/SECTION 1. Section 12-36-2120(17) of the 1976 Code, as added by Section 74, Part II, Act 612 of 1990, is amended to read:

"(17) machines used in manufacturing, processing, compounding, mining, or quarrying tangible personal property for sale. `Machines' include the parts of machines, attachments, and replacements used, or manufactured for use, on or in the operation of the machines and which are necessary to the operation of the machines and are customarily so used. For purposes of this item, Division B and Division D of the Standard Industrial Classification Manual must be used as authority for determining qualifications as a manufacturer. This exemption does not include automobiles or trucks;"

SECTION 2. This act takes effect January 1, 1993./

Amend title to conform.

Senator LEATHERMAN explained the Bill.

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

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.

Senator LOURIE asked unanimous consent to take the Joint Resolution up for immediate consideration.

Senator McCONNELL objected.

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

H. 4393 -- Rep. McLeod: A BILL TO AMEND SECTION 23-45-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION OF THE FIRE PROTECTION SPRINKLER SYSTEMS ACT, SO AS TO DELETE THE REQUIREMENT THAT BIDS MUST BE ACCOMPANIED BY A COPY OF A VALID SPRINKLER CONTRACTOR'S LICENSE AND PROVIDE THAT THE CONTRACTOR WHO SUBMITS A BID DIRECTLY TO THE STATE MUST INCLUDE ON IT THE FIRE SPRINKLER LICENSE NUMBER.

On motion of Senator GIESE, with unanimous consent, H. 4393 was ordered to receive a third reading on Friday, May 22, 1992.

H. 3607 -- Reps. Waites, Kinon, Corning, Quinn, Keyserling, Beasley, Burriss, Kempe, McGinnis, Rogers, Huff, Cromer and Rudnick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-17-725 SO AS TO PROVIDE THAT WHERE GENERAL SESSIONS FINES OR RESTITUTION PAYMENTS ARE PAID THROUGH INSTALLMENTS, A COLLECTION COST CHARGE OF THREE PERCENT OF THE PAYMENT MUST ALSO BE COLLECTED BY THE CLERK OF COURT AND TRANSFERRED TO THE COUNTY TREASURER FOR DEPOSIT TO CREDIT OF THE COUNTY GENERAL FUND.

Senator STILWELL explained the Bill.

On motion of Senator WILLIAMS, with unanimous consent, H. 3607 was ordered to receive a third reading on Friday, May 22, 1992.

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.

Senator LOURIE explained the Bill.

H. 4422 -- Rep. Farr: A BILL TO AMEND SECTION 56-5-4070, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LENGTH OF VEHICLES, SO AS TO PROVIDE THAT SADDLE MOUNTS AND FULL MOUNTS MUST NOT EXCEED SEVENTY-FIVE FEET.

Senator LOURIE explained the Bill.

On motion of Senator PEELER, with unanimous consent, H. 4422 was ordered to receive a third reading on Friday, May 22, 1992.

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.

On motion of Senator GIESE, with unanimous consent, H. 4512 was ordered to receive a third reading on Friday, May 22, 1992.

H. 4755 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO 900 AND 900-TYPE SERVICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1460, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Senator THOMAS, with unanimous consent, H. 4755 was ordered to receive a third reading on Friday, May 22, 1992.

H. 4406 -- Reps. Manly, D. Williams, Cromer, G. Bailey, Rama, Rogers, Hallman, Mattos, Kempe, Smith, Wilkes, Waites, McElveen, Whipper, J. Bailey, Anderson, Rhoad, Beatty, Jennings, Harrelson, Shissias, Barber, Littlejohn, McCraw, Chamblee, Quinn, Corning, Haskins, L. Martin, Cobb-Hunter, Harrison, Sturkie, Riser and Altman: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLASSES OF PROPERTY EXEMPT FROM AD VALOREM TAXATION, SO AS TO PROVIDE THAT THE EXEMPTION FOR THE PROPERTY OF ANY RELIGIOUS, CHARITABLE, OR ELEEMOSYNARY SOCIETY, CORPORATION, OR OTHER ASSOCIATION WHEN THE PROPERTY IS ACQUIRED FOR THE PURPOSE OF BUILDING OR RENOVATING RESIDENTIAL STRUCTURES ON IT FOR SALE TO ECONOMICALLY DISADVANTAGED PERSONS MAY BE CLAIMED FOR UP TO FIVE, RATHER THAN TWO, TAX YEARS ON A SINGLE PROPERTY, SPECIFY THAT THE SALE OF THE PROPERTY BE A NOT-FOR-PROFIT SALE, AND PROVIDE THAT THE TOTAL PROPERTIES FOR WHICH THE RELIGIOUS, CHARITABLE, OR ELEEMOSYNARY SOCIETY, CORPORATION, OR OTHER ASSOCIATION MAY CLAIM THIS EXEMPTION MAY NOT EXCEED FIFTEEN ACRES PER COUNTY WITHIN THE STATE.

Senator J. VERNE SMITH explained the Bill.

On motion of Senator J. VERNE SMITH, with unanimous consent, H. 4406 was ordered to receive a third reading on Friday, May 22, 1992.

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.

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

The amendment proposed by the Committee on Judiciary (JUD4167.001) was adopted as follows:

Amend the bill, as and if amended, by striking SECTIONS 3 and 4 in their entirety and inserting therein the following:

/SECTION 3. Section 14-1-215(B) of the 1976 Code, as amended by Act Number 355 of 1992, is further amended to read:
"(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 circuit court judge, or family 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."

SECTION 4. Sections 1 and 2 apply to those matters initiated in family court after this act's effective date.

SECTION 5. This act takes effect upon approval by the Governor./

Amend title to conform.

Senator SALEEBY explained the amendment.

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

H. 4233 -- Reps. McGinnis, Neilson and Baxley: A BILL TO AMEND SECTION 6-11-91, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPENSATION FOR THE GOVERNING BODY OF A SPECIAL PURPOSE DISTRICT OR PUBLIC SERVICE DISTRICT, SO AS TO DELETE THE REQUIREMENTS PERTAINING TO REIMBURSEMENT FOR MILEAGE, INSURANCE BENEFITS, AND PER DIEM.

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

The amendment proposed by the Committee on Judiciary (JUD4233.001) was adopted as follows:

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

/SECTION 1. Section 6-11-91 of the 1976 Code is amended to read:

"Section 6-11-91. Notwithstanding any other provision of law the The governing body of any a public service district or special purpose district may by resolution or ordinance may fix or change the compensation or other benefits including insurance benefits for the members of the district governing body. Compensation Reimbursable expenses actually incurred while on official business shall not exceed the amounts authorized for mileage for members of state boards, committees, and commissions, insurance benefits shall not exceed those provided for state employees, and per diem shall not exceed thirty-five dollars a day."

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

Amend title to conform.

Senator STILWELL explained the Bill.

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

On motion of Senator WILLIAMS, with unanimous consent, H. 4233 was ordered to receive a third reading on Friday, May 22, 1992.

H. 4669 -- Reps. Wilkins, Whipper, Wilkes, Rama, A. Young, Hallman, Sharpe, Corning, Barber, Klapman, Wright, McAbee, Smith, Townsend, Shirley, Waites, Wofford, Quinn, Bruce, Tucker, Boan, McKay, Riser, Taylor, Koon, Rhoad, H. Brown, Littlejohn, Canty, Corbett, Mattos, Keegan, Byrd, Chamblee, McGinnis, Haskins, Harvin, Harrison, D. Elliott, Beasley, Lanford, Carnell, White, Gonzales, Fair, K. Burch, Stone, Shissias, Wells, Foster and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-23-65 SO AS TO PROVIDE FOR CIVIL IMMUNITY FOR THE SOUTH CAROLINA LAW ENFORCEMENT TRAINING COUNCIL.

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

Senator BRYAN proposed the following amendment (JUD4669.001), which was adopted:

Amend the bill, as and if amended, page 1, beginning on line 23, in Section 23-23-65, as contained in SECTION 1, by striking /delivered, or sent in connection with/ and inserting:

/or delivered concerning/ .

Amend the bill further, as and if amended, page 1, beginning on line 28, in Section 23-23-65, as contained in SECTION 1, by striking lines 28 through 34 in their entirety and inserting:

/the State if the communication is between:

(1) a law enforcement agency, its agents, employees, or representatives; and

(2) the council, its agents, employees, or representatives."/ .

Amend title to conform.

Senator BRYAN explained the amendment.

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

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.

Senator LOURIE, asked unanimous consent, to take the Joint Resolution up for immediate consideration.

Senator LAND objected.

H. 4627 -- Reps. McAbee, Anderson, Clyborne, Wilkins, M.O. Alexander, Baker, Chamblee, Mattos, Sharpe, L. Martin, Marchbanks, Smith, Shirley, Ross, Vaughn, Jaskwhich, P. Harris, Tucker and Haskins: A CONCURRENT RESOLUTION TO MEMORIALIZE THE PRESIDENT OF THE UNITED STATES, THE CONGRESS OF THE UNITED STATES, AND THE NATIONAL PARK SERVICE OF THE UNITED STATES DEPARTMENT OF INTERIOR TO PLAN AND CONSTRUCT AN EXTENSION OF THE BLUE RIDGE PARKWAY INTO SOUTH CAROLINA; TO REQUEST THE STATE OF NORTH CAROLINA TO COOPERATE IN SUCH EFFORTS; AND TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND THE SOUTH CAROLINA DEPARTMENT OF PARKS, RECREATION AND TOURISM TO PLAN THE PROJECT AND COOPERATE IN ITS IMPLEMENTATION.

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

H. 4830 -- Rep. Hallman: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 27, 1992, AS THE TIME FOR ELECTING A MEMBER OF THE BOARD OF VISITORS OF THE CITADEL TO FILL THE UNEXPIRED TERM OF THE LATE WILLIAM R. RISHER.

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

S. 1317 -- Senator Matthews: 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.

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

Senator STILWELL proposed the following amendment (JUD1317.004):

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

/SECTION 1. Section 19-1-180(G) of the 1976 Code is amended to read:

"(G) If the parents of the child are separated or divorced, the hearsay statement shall be inadmissible if (1) one of the parents is the alleged perpetrator of the alleged abuse or neglect and (2) the allegation was made after the parties separated or divorced. Notwithstanding this subsection, a statement alleging abuse or neglect made by a child to a law enforcement official, an officer of the court, a licensed family counselor or therapist, a physician or other health care provider, a teacher, a school counselor, a Department of Social Services staff member, or to a child care worker in a regulated child care facility is admissible under this section."/

Amend title to conform.

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

H. 3253 -- Reps. Rudnick, Waites, Cromer, Smith, Wilder, Kempe and Klapman: A BILL TO AMEND SECTION 7-7-990, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BARRIER-FREE POLLING PLACES FOR PHYSICALLY HANDICAPPED ELECTORS, SO AS TO PROVIDE THAT AN ELECTOR WHO IS PERMANENTLY HANDICAPPED IS NOT REQUIRED TO REREGISTER IN ORDER TO VOTE AT THE BARRIER-FREE POLLING PLACE.

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

Senator HOLLAND proposed the following amendment (JUD3253.002):

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

/SECTION . (A) The official boundaries of the precincts, wards, or voting places of the several counties designated and established pursuant to Article 1 of Chapter 7 of the 1976 Code as amended are modified, designated and established as the boundaries of the official census voting tabulation districts designated pursuant to Public Law 94-171 and filed with the Division of Research and Statistical Services of the South Carolina Budget and Control Board.

(B) The precincts, wards, or voting places of the several counties as established pursuant to subsection (A) shall be the precincts, wards, or voting places to be used in the conduct and holding of any general, primary, or special election held on or after August 25, 1992.

SECTION . The Division of Research and Statistical Services of the South Carolina Budget and Control Board shall establish and maintain a unique system of numbering the official census voting tabulation district maps and attendant written boundary description to be used for the official identification of a precinct, ward, or voting place.

SECTION . Article 3, Chapter 7 of Title 7 of the 1976 Code is amended to read:

Section 7-7-710. The State Election Commission shall report the names of all polling precincts by county that have more than one thousand five hundred registered electors as of January first to the General Assembly not later than the fourth Tuesday of each odd-numbered year. If, by April first of the same year,the General Assembly has failed to alter the precincts so that no precinct shall have more than one thousand five hundred qualified electors the State Election Commission shall notify the respective county registration boards which shall make such alterations as necessary to conform all precincts to such limitations. Provided, that precincts isolated by water shall not be required to meet minimum requirements. No precinct shall be enlarged, consolidated, or diminished except by the procedures prescribed by this chapter.

Section 7-7-720. Any person whose registration is transferred to another precinct by virtue of the provisions of this article must be delivered, by mail, notification from the county registration board reflecting the new precinct. Any person whose notification is returned to the board of registration because he is no longer at the address shown on the board's records must have his name removed from the registration books. The county registration office must notify the State Election Commission of the removal. Further notice to the elector is not required. If the elector's name has been deleted solely by reason of the return of the notification, his name must be restored as a matter of course to the registration books immediately upon his request if he is otherwise qualified to vote in that precinct. A county voter registration board may, as authorized by this chapter, enlarge, consolidate, or diminish a precinct. The county voter registration board shall hold a public hearing on the nature and reasons for such modifications prior to making a determination as to whether a precinct shall be enlarged, consolidated, or diminished. Modification of the area included with the boundary of a precinct may only be accomplished by using the census block unit of geography. A change in a precinct boundary resulting from any modification must use a clearly identifiable, U. S. census recognized man-made or natural feature to establish the new boundary in accordance with the provisions of Public Law 94-171.

Section 7-7-730. When a precinct has more than one thousand five hundred registered electors and an additional polling place is provided within the precinct and no polling place in such precinct is assigned more than one thousand five hundred electors the provisions of Section 7-7-710 shall be deemed to be complied with. Also, the provisions of such section shall be deemed to be complied with if the precinct list is alphabetically divided so that no list contains more than one thousand five hundred electors and separate managers and facilities are provided within the polling place for each list of electors. Local registration boards dividing precincts alphabetically shall notify the Election Commission of such division so that separate alphabetically arranged poll lists may be printed by the State Election Commission. The county voter registration board shall publish notice of such public hearing once a week for three successive weeks in a newspaper of general circulation in the county. Such notice shall contain:

(1) the time of the public hearing which shall be not less than sixteen days following the first publication of the notices;

(2) the place of the hearing;

(3) the hearing procedures and requirements;

(4) the nature of the change to be made in the precinct or precincts;

(5) a brief description of the new precinct lines to result if the proposed change is made; and
(6) a summary of the reasons for the proposed change.

Section 7-7-740. (A) The public hearing shall be conducted by the county voter registration board or by a member designated by the board. The proponents and opponents of the proposed action shall be given an opportunity to be heard in accordance with any procedures established and made known by the board at the time of the publishing of the notice.

(B) Within ten days after the hearing, the county voter registration board shall by resolution make a finding as to whether the boundaries of the precinct or precincts shall be changed and shall specify the description of the boundaries of the affected precincts.

(C) The county voter registration board shall send a copy of the resolution to the Division of Research and Statistical Services of the South Carolina Budget and Control Board for review and certification of the new boundary description of a modified precinct and for the division to produce the official map of the modified precinct.

(D) No change in a precinct boundary shall be effective for the purpose of the conduct of an election unless ratified by an act of the General Assembly at the session immediately preceding the year in which the election is to be held.

Section 7-7-750. The Division of Research and Statistical Services of the South Carolina Budget and Control Board shall be responsible for maintaining a complete set of certified and numbered maps of each precinct in the State. The division shall provide a complete set of certified and stamped maps of each precinct within the county to the county voter registration board and shall provide a complete statewide set to the State Election Commission.

Section 7-7-770. Any person whose registration is transferred to another precinct by virtue of the provisions of this article must be delivered, by mail, notification from the county voter registration board reflecting the new precinct. Any person whose notification is returned to the county voter registration board because he is no longer at the address shown on the board's records must have his name removed from the registration books. The county registration office must notify the State Election Commission of the removal. Further notice to the elector is not required. If the elector's name has been deleted solely by reason of the return of the notification, his name must be restored as a matter of course to the registration books immediately upon his request if he is otherwise qualified to vote in that precinct.

Section 7-7-790. The State Election Commission shall report the names of all precincts by county that have more than one thousand five hundred registered electors as of January first to the appropriate county voter registration board and to the General Assembly not later than the fourth Tuesday of each odd-numbered year. No precinct shall have more than one thousand five hundred qualified electors. If any precinct shall have more than one thousand five hundred qualified electors, the respective county voter registration board shall make such recommendations for alterations as necessary to conform all precincts to such limitations. In making such recommendations, the county voter registration board shall follow the procedures prescribed in this article. If, by April first of the same year, the county voter registration board has failed to submit proposed precinct alterations to the Division of Research and Statistical Services, the division shall conduct a public hearing in the county pursuant to Section 7-7-730 and prepare such alterations as may be necessary for compliance with this section. Provided, that precincts isolated by water shall not be required to meet minimum requirements.

Section 7-7-810. When a precinct has more than one thousand five hundred registered electors and an additional polling place is provided within the precinct and no polling place in such precinct is assigned more than one thousand five hundred electors, the provisions of Section 7-7-790 shall be deemed to be complied with. Also, the provisions of such section shall be deemed to be complied with if the precinct list is alphabetically divided so that no list contains more than one thousand five hundred electors and separate managers and facilities are provided within the polling place for each list of electors. Local county voter registration boards dividing precincts alphabetically shall notify the Election Commission of such division so that separate alphabetically arranged poll lists may be printed by the State Election Commission."

SECTION . The Attorney General is designated the submitting authority to make all required submissions to the United States Department of Justice under Section 5 of the Voting Rights Act, as amended, 42 U.S.C. 1973a./

Renumber sections to conform.

Amend title to conform.

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

H. 3168 -- Rep. Huff: A BILL TO AMEND SECTION 20-7-1572, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR TERMINATION OF PARENTAL RIGHTS, SO AS TO DELETE THAT FAILURE TO SUPPORT A CHILD REQUIRES A REQUEST FOR A CONTRIBUTION BY THE CUSTODIAN OF THE CHILD AND TO PROVIDE THAT A REQUEST FOR SUPPORT IS A CIRCUMSTANCE THAT THE COURT MAY CONSIDER IN DETERMINING WHETHER A PARENT HAS WILFULLY FAILED TO SUPPORT A CHILD.

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

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.

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

H. 3867 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-840, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USING CERTAIN NETS TO FISH WITHIN THREE MILES FROM WINYAH BAY JETTIES, SO AS TO CLARIFY THE PENALTY TO INCLUDE THE SEIZURE OF AN ENGINE AND ALL RELATED EQUIPMENT FOR A VIOLATION OF THIS SECTION.

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

H. 4640 -- Rep. Bennett: A BILL TO AMEND SECTION 50-3-315, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEPUTY WILDLIFE CONSERVATION OFFICERS, SO AS TO DELETE THE LIMITATION ON THE LENGTH OF THE TERMS.

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

H. 4031 -- Rep. Hayes: A BILL TO AMEND SECTION 5-23-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF A LOCAL BOARD OF ADJUSTMENT, SO AS TO PROVIDE THAT A MUNICIPALITY BY ORDINANCE MAY PERMIT OR PRECLUDE A VARIANCE FOR A USE OF A LAND, BUILDING, OR STRUCTURE.

Senator ROBERT W. HAYES, JR. explained the Bill.

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

H. 4198 -- Rep. Altman: A BILL TO AMEND SECTION 56-1-365, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SURRENDER OF DRIVER'S LICENSE, SO AS TO PROVIDE FOR ADDITIONAL PENALTIES IF THE LICENSE SURRENDERED IS NOT THE LAST LICENSE ISSUED OR IF THE PERSON APPLIES FOR A DUPLICATE LICENSE AFTER SURRENDER OF THE LICENSE.

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

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

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

H. 4853 -- Reps. L. Martin, Phillips, Huff, Jennings, Beasley, J. Harris and Kirsh: A CONCURRENT RESOLUTION TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION WHEN DEVELOPING THE STATE'S PLAN TO REMOVE NONCONFORMING OUTDOOR ADVERTISING SIGNS PURSUANT TO FEDERAL LAW TO FIRST CONCENTRATE ITS EFFORTS ON NONCONFORMING SIGNS ON INTERSTATE HIGHWAYS AND SCENIC HIGHWAYS AND NOT ON OTHER ROADS AND HIGHWAYS TO WHICH THE LAW APPLIES.

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

Senator WILLIAMS moved that when the Senate adjourns on Friday, May 22, 1992, it stand adjourned to meet next Tuesday, May 26, 1992 at 12:00 Noon, which motion was adopted.

At 1:08 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.

* * *

This web page was last updated on Tuesday, June 30, 2009 at 8:56 A.M.