Indicates Matter Stricken
Indicates New Matter

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

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

Beloved, hear the words of St. Paul to the Phillippians (4:6):

"... In everything by prayer... with thanksgiving...

let your requests be made known unto God."
Let us pray.

Our Father and our God: You are our strength when in our weakness we often falter.

You are the Good Shepherd who gently calls us back from dangerous and wayward paths.

Give us the satisfaction of knowing that, if we honestly strive to please You, new vigor comes when we decide to make a decision for no other reason but that it is just the right thing to do!

Forbid that we should ever be paralyzed with fear of consequences.

So lead us today, we pray, to clear thinking and decisive choices so that we may move forward our programs of service for our people.

Help us, today, to make a difference in moving forward the fulfillment of what is sometimes called the "American Dream".

Amen.

Senator McCONNELL made the point that a quorum was not present. It was ascertained that a quorum was not present.

Senator McCONNELL moved that a call of the Senate be made. The following Senators answered the call:
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 Senate resumed.

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

June 1, 1992
Mr. President and Members of the Senate:

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

Respectfully,
Carroll A. Campbell, Jr.

Appointment, Richland County Magistrate, with term to expire April 30, 1995:

Mr. Donald Jeffery Simons, 215 Willie Wilson Road, Eastover, South Carolina 29044 VICE Glen Davis

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

Mr. Sidney McLaurin Rogers, P. O. Box 387, Clio, South Carolina 29525

Mr. Ronald K. McDonald, 5646 Allen Ridge Road, Blenheim, South Carolina 29516

June 2, 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, York County Magistrate, with term to expire April 30, 1995:

Mr. Herman Melvin Howell, 2430 Hopewell Road, Hickory Grove, South Carolina 29717 VICE Hugh Cromer

On motion of Senator REESE, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.

Senator MITCHELL rose to a Point of Privilege.

H. 3293 -- Reps. Bennett, Snow and Bruce: A BILL TO AMEND SECTION 56-5-4900, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLES AND THE PROVISION THAT CERTAIN REGULATIONS AS TO BRAKES ARE INAPPLICABLE TO CERTAIN FARM TRAILERS, SO AS TO PROVIDE THAT SECTIONS 56-5-4850 TO 56-5-4900 DO NOT APPLY TO TRAILERS, NOT EXCEEDING EIGHTEEN, RATHER THAN EIGHT, THOUSAND POUNDS GROSS WEIGHT, WHICH ARE PULLED BEHIND FARM TRACTORS OR TRUCKS AND USED IN THE TRANSPORTATION OF CERTAIN FARM PRODUCTS AND ARTICLES, TO PROVIDE THAT FARM TRAILERS EXCEEDING EIGHT THOUSAND POUNDS GROSS WEIGHT WHICH ARE NOT EQUIPPED WITH BRAKES MUST BE PULLED BEHIND FARM TRACTORS OR BEHIND TRUCKS RATED BY THE MANUFACTURER AS HAVING A LOAD CAPACITY OF AT LEAST ONE TON AND HAVING AT LEAST FOUR WHEELS ON THE REAR AXLE, AND TO PROVIDE THAT ALL FARM TRAILERS MUST BE EQUIPPED WITH AND SHALL HAVE IN USE SAFETY CHAINS WHEN THE TRAILERS ARE USED TO HAUL FARM PRODUCTS AND ARTICLES.

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

There was no objection.

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.

On motion of Senator LOURIE, with unanimous consent, the Bill was ordered to receive a third reading on Wednesday, June 3, 1992.

H. 4540 -- Rep. Felder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-23-650 SO AS TO AUTHORIZE THE PUBLIC SERVICE COMMISSION TO ENTER INTO RECIPROCAL BASE STATE AGREEMENTS, WITH THE REGULATORY AGENCIES OF OTHER STATES HAVING JURISDICTION OVER MOTOR CARRIERS, TO PROVIDE THAT MOTOR CARRIERS REGISTERING IN THIS STATE UNDER SUCH AGREEMENTS ARE SUBJECT TO THE JURISDICTION OF THE PUBLIC SERVICE COMMISSION, TO ALLOW THE COMMISSION TO REQUIRE FILINGS OF CERTIFICATION OF INSURANCE, SURETY BONDS, AND OTHER DOCUMENTS TO SHOW A SOUTH CAROLINA BASED CARRIER'S QUALIFICATION TO OPERATE, AND PROVIDE THAT A PARTICIPATING CARRIER SHALL REGISTER ONLY WITH THE COMMISSION, AND TO AMEND SECTION 58-23-640, RELATING TO FEES AND CHARGES FOR REGISTRATION OF INTERSTATE AUTHORITY BY MOTOR CARRIERS, SO AS TO PROVIDE THAT THE FIVE DOLLAR AUTHORITY STAMP FEE IS A FEE FOR AN IDENTIFIER.

On motion of Senator CORK, with unanimous consent, the Bill was recalled from the Committee on Judiciary.

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.

On motion of Senator CORK, with unanimous consent, the Bill was ordered to receive a third reading on Wednesday, June 3, 1992.

H. 4714 -- Rep. McLeod: A BILL TO AMEND SECTION 40-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS EXEMPT FROM THE REQUIREMENTS PERTAINING TO BARBERS AND BARBERING, SO AS TO REVISE THE EXEMPTION FOR COSMETOLOGISTS.

On motion of Senator MOORE, with unanimous consent, the Bill was recalled from the General Committee.

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.

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

On motion of Senator MACAULAY, with unanimous consent, the House was ordered to return the Bill to the Senate.

There was no objection.

The following were introduced:

S. 1593 -- Senator Macaulay: A CONCURRENT RESOLUTION TO RECOGNIZE MRS. EMILY HOLLEMAN OF OCONEE COUNTY FOR HER THIRTY-THREE YEARS OF FAITHFUL, DEDICATED SERVICE TO OCONEE COUNTY SCHOOLS AND TO WISH HER WELL IN HER RETIREMENT.

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

S. 1594 -- Senator Macaulay: A CONCURRENT RESOLUTION TO RECOGNIZE MRS. MARJORIE STOKES UPON HER RETIREMENT AFTER TEACHING MORE THAN TWENTY-THREE YEARS IN THE OCONEE COUNTY SCHOOL SYSTEM AND TO WISH HER WELL IN HER RETIREMENT.

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

S. 1595 -- Senators Martschink, Bryan, Carmichael, Cork, Courson, Courtney, Drummond, Fielding, Giese, Gilbert, Robert W. Hayes, Jr., Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Lourie, Macaulay, Martin, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Washington, Williams and Wilson: A CONCURRENT RESOLUTION COMMENDING JUNE B. LICATA OF COLUMBIA FOR HER MANY YEARS OF OUTSTANDING SERVICE TO THE STATE, AND EXTENDING BEST WISHES TO HER FOR SUCCESS AND HAPPINESS FOLLOWING HER RETIREMENT.

Whereas, June B. Licata of Columbia is retiring on June 12, 1992, after thirty years of outstanding and dedicated service to the State of South Carolina; and

Whereas, June served many of those years with the South Carolina Educational Television Network; and

Whereas, she is highly regarded and very much admired for her work and has rendered countless hours of time and energy to many causes over the years; and

Whereas, at present she is the secretary of the board of directors of the National Association for Developmental Disabilities Councils, chair of the South Carolina Developmental Disabilities Council, vice chair of the Task Force on Independent Living for the Handicapped, vice chair of the Governor's Committee on Employment of the Handicapped, vice chair of the board of directors of the South Carolina Multiple Sclerosis Society, the Governor's liaison to the National Organization on Disabilities, chair of the South Carolina Literacy Association, chair of the Columbia College Midlands Corporate Campaign, and serves on the advisory committee of the University Affiliated Program for the Developmentally Disabled of the University of South Carolina; and

Whereas, she has won numerous awards and honors, including the 1992 Jefferson Award for Outstanding Leadership in State Service; she was the South Carolina recipient of the 1991 National Victory Award for Exemplifying Exceptional Strength and Courage in the Face of Adversity; and was selected for the 1992 Who's Who Worldwide Platinum Award for Leadership and Professional Achievement; and

Whereas, we have for many years deeply appreciated June Licata's ready smile, her intelligence and command of the facts in every situation, her kind and generous nature, and her abiding professionalism; and

Whereas, she has served the State of South Carolina exceptionally well and is one of the most capable public servants ever to be recognized and honored by the General Assembly upon retirement; and

Whereas, we want June to know that she has done a marvelous job over the years and that her retirement is truly a loss to the State, but she has our appreciation and our affection, as well as our warmest wishes for happiness and success. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, commends June B. Licata of Columbia for her many years of outstanding service to the State and extends best wishes to her for success and happiness following her retirement.

Be it further resolved that a copy of this resolution be forwarded to our friend, June B. Licata.

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

S. 1596 -- Senators Matthews, Williams, Bryan, Carmichael, Cork, Courson, Courtney, Drummond, Fielding, Giese, Gilbert, Robert W. Hayes, Jr., Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Lourie, Macaulay, Martin, Martschink, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Washington, and Wilson: A CONCURRENT RESOLUTION TO RECOGNIZE THE HONORABLE EARL MATTHEW MIDDLETON OF ORANGEBURG COUNTY FOR HIS DETERMINATION, HARD WORK, AND ENTREPRENEURIAL SKILLS IN BUILDING A SUCCESSFUL REAL ESTATE BUSINESS PLACING HIM IN THE FOREFRONT OF BLACK BUSINESS LEADERS IN THE COUNTRY BY CROSSING RACIAL LINES IN SALES AND HIRING.

Whereas, Earl Middleton of Orangeburg was a member of the South Carolina House of Representatives from 1975-1984; and

Whereas, Mr. Middleton, a descendant of slaves, runs Middleton & Associates, the largest real estate agency in Orangeburg; and

Whereas, success has placed the seventy-three year old Middleton in the forefront of black entrepreneurs now beginning to achieve a long-elusive goal of building businesses that cut across racial lines; and

Whereas, Mr. Middleton attended Claflin College where he studied sociology, excelled in sports, and was class president each of his four years there; and

Whereas, he entered the armed forces in 1942 serving in the Army; and

Whereas, upon returning to Orangeburg in 1946 he obtained employment at a local barbershop; the following year he bought his own barbershop and, subsequently, he and a partner began selling homes and insurance as a sideline from the back of the barbershop; and

Whereas, Mr. Middleton's tenacity and determination saw him through difficult times and his hard work as an entrepreneur, along with shifting race relations in the South, have helped him reach his position of success in the Orangeburg business community; and

Whereas, half of Mr. Middleton's fourteen-member sales force is black and half is white, with specialties ranging from farmland to neighborhoods, creating enough diversity to reach nearly any group and providing excellent service to its customers, half of whom are white and half of whom are black; and
Whereas, Middleton & Associates is the first black-owned affiliate of Sears Roebuck and Company's Coldwell Banker and has about twenty percent of the local real estate market in Orangeburg, often the sales leader of the town's fourteen agencies; and

Whereas, the General Assembly is pleased to recognize Mr. Earl Middleton for leadership and success, not only in the business community but also in promoting racial relations, equality, and opportunity for all. Now, therefore,

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

That the General Assembly, by this resolution, recognizes Mr. Earl Middleton of Orangeburg County for his determination, hard work, and entrepreneurial skills in building a successful real estate business placing him in the forefront of black business leaders in the country by crossing racial lines with both customers and employees.

Be it further resolved that a copy of this resolution be forwarded to Mr. Middleton.

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

H. 4905 -- Rep. Rhoad: A CONCURRENT RESOLUTION CONGRATULATING BAMBERG-EHRHARDT HIGH SCHOOL ON WINNING THE 1992 CLASS AA BASEBALL STATE CHAMPIONSHIP.

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

H. 4906 -- Reps. P. Harris, 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, Cobb-Hunter, Cooper, Corbett, Corning, Council, Cromer, Delleney, D. Elliott, L. Elliott, Fair, Farr, Felder, Foster, Fulmer, Gentry, Glover, Gonzales, Hallman, Harrelson, J. Harris, Harrison, Harvin, Harwell, Haskins, Hendricks, Hodges, Holt, Houck, Huff, Hyatt, Inabinett, Jaskwhich, Jennings, J.C. Johnson, Keegan, Kempe, Kennedy, Keyserling, Kinon, Kirsh, Klapman, Koon, 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 RECOGNIZING MR. HOYT B. HILL, JR., IN MAKING THE RICHARD M. CAMPBELL VETERANS NURSING HOME A REALITY AND ACKNOWLEDGING THAT THE MAIN COURTYARD OF THE HOME WAS DEDICATED IN HIS MEMORY.

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

H. 4907 -- Rep. G. Brown: A CONCURRENT RESOLUTION COMMENDING DR. MARION W. MCLESTER OF SUMTER COUNTY FOR HER MORE THAN SIXTY-FIVE YEARS OF WORKING TO IMPROVE THE RAFTING CREEK COMMUNITY OF SUMTER COUNTY.

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

H. 4908 -- Rep. G. Brown: A CONCURRENT RESOLUTION COMMENDING PORTIA CUTTINO MYERS OF SUMTER COUNTY, KNOWN FOR HER TIRELESS DEDICATION TO HISTORY, FOR SERVING THE CITIZENS OF HER COUNTY THROUGH HER INTERESTING AND ENLIGHTENING WEEKLY COLUMNS IN THE SUMTER ITEM.

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

H. 4909 -- Rep. G. Brown: A CONCURRENT RESOLUTION COMMENDING SYLVIA A. LONEY OF SUMTER COUNTY FOR HER TIRELESS EFFORTS TO HELP THE LESS FORTUNATE AND IMPROVE HER COMMUNITY.

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

H. 4877 -- Reps. Phillips and McCraw: 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.

On motion of Senator PEELER, with unanimous consent, H. 4877 was ordered to receive a second and third reading on the next two consecutive legislative days.

H. 4892 -- Rep. Koon: A JOINT RESOLUTION TO CREATE THE SOUTH CAROLINA COMMISSION ON SPORTING DOGS AND FIELD TRIALS TO ASSESS THE IMPACT ON THE STATE FOR DEVELOPING FIELD TRIAL FACILITIES AND TO DEVELOP A PLAN FOR SUCH FACILITIES; TO PROVIDE FOR THE MEMBERS OF THE COMMISSION AND AN ADVISORY COMMITTEE; TO AUTHORIZE CONSULTATION WITH PUBLIC AND PRIVATE AGENCIES AND ORGANIZATIONS; AND TO PROVIDE REPORTING REQUIREMENTS AND THE TERMINATION OF THE COMMISSION JANUARY 1, 1994.

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

S. 805 -- Senator J. Verne Smith: A BILL TO AMEND SECTION 40-3-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF ARCHITECTURAL EXAMINERS AND APPOINTMENT, TERM, AND VACANCIES, SO AS TO PROVIDE THAT THE MEMBER OF THE STATE BOARD OF ARCHITECTURAL EXAMINERS WHO IS A PROFESSOR OF ARCHITECTURE IN A UNIVERSITY OR COLLEGE CONTROLLED BY THE STATE MUST ALSO BE AN ARCHITECT REGISTERED IN THE STATE OF SOUTH CAROLINA; TO AMEND SECTION 40-3-60, AS AMENDED, RELATING TO QUALIFICATIONS AND EXAMINATION OF APPLICANTS FOR ADMISSION TO PRACTICE ARCHITECTURE AND THE ISSUANCE OF A CERTIFICATE OF REGISTRATION, SO AS TO PROVIDE THAT CONVICTION OF A CRIME OF MORAL TURPITUDE PREVENTS THE ISSUANCE OF A CERTIFICATE TO AN APPLICANT; TO AMEND SECTION 40-3-80, AS AMENDED, RELATING TO APPLICATION FEES AND EXAMINATION FEES UNDER THE ARCHITECTS LAW, SO AS TO DELETE SPECIFIC CEILINGS FOR THE AMOUNTS OF THESE FEES AND PROVIDE THAT THE FEES MUST BE AS DETERMINED BY THE BOARD; TO AMEND SECTION 40-3-90, AS AMENDED, RELATING TO THE ANNUAL RENEWAL FEE UNDER THE ARCHITECTS LAW, SO AS TO REFERENCE "ARCHITECTURAL BUSINESS CORPORATION" AND "ARCHITECTURAL PROFESSIONAL CORPORATION", DELETE THE CEILING FOR THE AMOUNT OF THE ANNUAL RENEWAL FEE AND PROVIDE THAT THE FEE MUST BE AS DETERMINED BY THE BOARD, AND INCREASE THE AMOUNT OF THE PENALTY; TO AMEND SECTION 40-3-100, AS AMENDED, RELATING TO THE PRACTICE OF ARCHITECTURE BY PARTNERSHIPS, CORPORATIONS, OR PROFESSIONAL ASSOCIATIONS AND CERTIFICATE OF AUTHORIZATION, SO AS TO REFERENCE "ARCHITECTURAL BUSINESS CORPORATIONS" AND "ARCHITECTURAL PROFESSIONAL CORPORATIONS", AND DELETE THE CEILING FOR THE AMOUNT OF THE ORIGINAL AUTHORIZATION FEE AND PROVIDE THAT THE FEE MUST BE AS DETERMINED BY THE BOARD; TO AMEND SECTION 40-3-110, AS AMENDED, RELATING TO THE REQUIRED ARCHITECTURAL SEAL, SO AS TO REFERENCE "ARCHITECTURAL BUSINESS CORPORATION" AND "ARCHITECTURAL PROFESSIONAL CORPORATION" AND PROVIDE FOR CHANGES IN THE PROVISIONS OF LAW SPECIFYING WHERE EACH SEAL MUST APPEAR; TO AMEND SECTION 40-3-120, AS AMENDED, RELATING TO SUSPENSION OR REVOCATION OF ARCHITECTURAL REGISTRATION CERTIFICATE, PROCEDURES, RESTRAINTS AND CIVIL PENALTIES, AND APPEAL, SO AS TO PROVIDE THAT NO ACTION MAY BE TAKEN BY THE BOARD UNTIL THE REGISTRANT HAS BEEN FURNISHED WITH A CERTAIN STATEMENT AND A NOTICE OF THE TIME AND PLACE OF THE HEARING REGARDING CHARGES, PURSUANT TO THE ADMINISTRATIVE PROCEDURES ACT, RATHER THAN "AT LEAST NINETY DAYS PRIOR TO THE DATE OF THE HEARING"; TO AMEND SECTION 40-3-125, RELATING TO REVOCATION OR SUSPENSION OF CERTIFICATE OF AUTHORIZATION UNDER THE ARCHITECTS LAW, SO AS TO REFERENCE "ARCHITECTURAL BUSINESS CORPORATION" AND "ARCHITECTURAL PROFESSIONAL CORPORATION"; TO AMEND THE 1976 CODE BY ADDING SECTION 40-3-135 SO AS TO PROVIDE THAT THE BOARD OF ARCHITECTURAL EXAMINERS OR ANY MEMBER OF THE BOARD MAY ISSUE SUBPOENAS FOR WITNESSES AND DOCUMENTS, AND PROVIDE THAT THE CIRCUIT COURT HAVING APPROPRIATE JURISDICTION SHALL ENFORCE ANY SUBPOENAS ISSUED PURSUANT TO THIS SECTION; TO AMEND SECTION 40-3-150, RELATING TO THE PENALTIES FOR VIOLATING THE ARCHITECTS LAW, SO AS TO INCREASE THE PRESCRIBED FINE; TO AMEND SECTION 40-3-160, RELATING TO ACTIVITIES AND PRACTICES WHICH ARE NOT PROHIBITED BY CHAPTER 3 OF TITLE 40, "ARCHITECTS", SO AS TO PROVIDE FURTHER WITH RESPECT TO THE PREPARATIONS OF PLANS AND SPECIFICATIONS FOR CERTAIN BUILDINGS TO WHICH THE CHAPTER DOES NOT APPLY IF THE DRAWINGS AND SPECIFICATIONS, ARE SIGNED BY THE AUTHORS WITH THE TRUE TITLE OF THEIR OCCUPATIONS; TO AMEND SECTION 40-3-170, RELATING TO SERVICE OF PROCESS UNDER THE ARCHITECTS LAW, SO AS TO REPLACE "EXECUTIVE SECRETARY" OF THE BOARD WITH "EXECUTIVE DIRECTOR" OF THE BOARD, WITH RESPECT TO CERTAIN DUTIES OR ACTIONS; AND TO AMEND SECTION 40-3-180, RELATING TO THE REQUIREMENT THAT THE PERSON ISSUING A BUILDING PERMIT MUST VERIFY THAT THE ARCHITECT WHO SEALED THE ARCHITECTURAL PLANS AND SPECIFICATIONS IS AN ARCHITECT REGISTERED IN SOUTH CAROLINA AND EXCEPTIONS, SO AS TO REQUIRE THAT THIS PERSON ALSO BE IN POSSESSION OF A SEALED SET OF ARCHITECTURAL PLANS AND SPECIFICATIONS, DELETE CERTAIN PROVISIONS, AND PROVIDE THAT THIS SECTION APPLIES TO ALL BUILDINGS OR STRUCTURES EXCEPT THOSE SPECIFICALLY EXCLUDED IN SECTION 40-3-160.

The House returned the Bill with amendments.

Senator J. VERNE SMITH explained the amendments.

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

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

The House returned the Bill with amendments.

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

S. 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.

The House returned the Bill with amendments.

Senator HOLLAND explained the amendments.

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

S. 1590 -- Senator Peeler: A CONCURRENT RESOLUTION RECOGNIZING AND SALUTING THE HEROISM OF CHANCE C. MELTON, JR., OF CHEROKEE COUNTY WHILE SERVING IN THE UNITED STATES NAVY DURING THE SECOND WORLD WAR.

Returned with concurrence.

Received as information.

S. 1592 -- Senator Leventis: A CONCURRENT RESOLUTION TO EXTEND THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MR. FRANK A. MCLEOD, JR., OF SUMTER COUNTY, DISTINGUISHED CITIZEN, CIVIC LEADER, AND RETIRED BUSINESSMAN.

Returned with concurrence.

Received as information.

S. 1529 -- Senator Setzler: A CONCURRENT RESOLUTION TO REQUEST THE DIVISION OF PARKS OF THE DEPARTMENT OF PARKS, RECREATION AND TOURISM TO GIVE SPECIAL CONSIDERATION TO THE FORMER SOUTH CAROLINA TOWN OF DUNBARTON AND ALLOW THEM TO USE THE MAIN COMMUNITY BUILDING AT BARNWELL STATE PARK THE FIRST SUNDAY IN MAY EACH YEAR TO CELEBRATE ITS REUNION WHICH HAS BEEN HELD AT THAT LOCATION FOR THE LAST FORTY YEARS.

Returned with concurrence.

Received as information.

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

Senator Donald H. Holland 40 years

Senator R. L. Helmly 20 years

Senator J. Verne Smith 20 years

Senator Frank Gilbert 10 years

Senator John R. Russell 10 years

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

Elizabeth Wilkins 20 years

Kathryn Powers 20 years

Clay Carruth 10 years

Susan Edwards 10 years

Janet Evans 10 years

Cynthia Wood 10 years

All were highly commended for their devoted and loyal service.

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 Bill. The question being the adoption of the Amendment No. 5 (CYY\18974.SD) previously proposed by Senators SHEALY and MARTSCHINK and printed in the Journal of Thursday, May 28, 1992.

Senator THOMAS asked unanimous consent to make a motion to carry over the amendment, in the absence of Senator SHEALY who retained the floor, pending Senator SHEALY'S return to the Senate.

Senator McCONNELL objected.

Senator BRYAN asked unanimous consent to make a motion that the Senate proceed to a call of the uncontested local and statewide Calendar.

Senator THOMAS objected.

Senator LEATHERMAN asked unanimous consent to make a motion to carry over the amendment and, upon Senator SHEALY's return, the amendment would be taken up for immediate consideration to the exclusion of all other matters.

Senator MARTSCHINK requested recognition.

Senator SHEALY was recognized.

At 12:30 P.M., Senator FIELDING requested and was granted a leave of absence beginning at 2:00 P.M. for the balance of the day.

At 1:25 P.M., Senator STILWELL requested and was granted a leave of absence upon adjournment Wednesday, June 3, 1992, and Thursday, June 4, 1992, until the Senate next convenes.

At 1:30 P.M., Senator COURTNEY requested and was granted a leave of absence upon adjournment today until 1:00 P.M., Wednesday, June 3, 1992.

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

Senator LOURIE spoke on the amendment.

To: South Carolina Senate
From: Carroll Campbell

Nick Theodore
Date: June 2, 1992

Many amendments are being offered to our constitutional amendment which would allow the people to vote on government restructuring. There is no question that we could support some if they were offered separately from the restructuring amendment.

However, it is a fact at this late date that, if any amendments that would change the basic question are adopted, restructuring will not be on the ballot this November. We, therefore, are asking you to keep the amendment in tact. To vote otherwise is simply to help kill restructuring for the year.

On motion of Senator COURSON, with unanimous consent, ordered printed in the Journal.

Consideration was interrupted.

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

Senators DRUMMOND, J. VERNE SMITH and SETZLER spoke on the report.

Senator LEVENTIS spoke on the report.

At 3:46 P.M., Senator McGILL assumed the Chair.

Senator LEVENTIS continued speaking on the report.

Senator McCONNELL spoke on the report.

At 4:00 P.M., Senator ROSE requested and was granted a leave of absence for one hour.

Senator McCONNELL continued speaking on the report.

At 4:20 P.M., the PRESIDENT assumed the Chair.

Senator McCONNELL continued speaking on the report.

Senator DRUMMOND asked that Free Conference Powers be granted.

Senator PASSAILAIGUE spoke on the motion.

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

Bryan Cork Courson
Courtney Drummond Giese
Gilbert Hayes, R.W. Helmly
Hinds Hinson Holland
Land Leatherman Lourie
Martin Martschink McGill
Mitchell Moore O'Dell
Patterson Pope Russell
Setzler Shealy Smith, J.V.
Thomas Washington Williams
Wilson

Carmichael Leventis Macaulay
McConnell Passailaigue Peeler
Reese *Rose Smith, N.W.
Stilwell

*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.

Free Conference Powers were granted.

Whereupon, the PRESIDENT appointed Senators DRUMMOND, J. VERNE SMITH and SETZLER to the Committee of Free Conference on the part of the Senate, and a message was sent to the House accordingly.

I voted "no" for free conference because the budget plan is flawed in that it includes $37 "plus" million revenue from Barnwell Nuclear burial fees. This is not a realistic or supportable figure. Current collections do not support these projections.

Senator LEVENTIS asked unanimous consent that the vote pertaining to confirmation of the nomination to the Worker's Compensation Commission be printed in the Journal.

There was no objection.

The PRESIDENT noted that the information was not available.

I would like the Senate Journal to reflect that I was not in the Senate Chamber when Senator Leventis got unanimous consent that the confirmation vote number be recorded. While I favor confirmation hearings being made in public, as Senator Martschink has proposed for several years, had I been present when the motion was made, I would have objected because (1) the public did not get to hear what was said in executive session and (2) under the motion the way individual Senators voted on the question was not to be revealed.

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 resumed consideration of the Bill. The question being the adoption of Amendment No. 5 (CYY\18974.SD) previously proposed by Senators SHEALY and MARTSCHINK and printed in the Journal of Thursday, May 28, 1992.

Senator McCONNELL spoke on the amendment.

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

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

Senator SHEALY moved that the amendment be adopted.

Senator THOMAS moved to lay the amendment on the table.

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

Bryan Cork Courson
Courtney Drummond Giese
Hayes, R.W. Helmly Hinson
Holland Leatherman Leventis
Lourie Macaulay McGill
Moore O'Dell Reese
Rose Russell Saleeby
Setzler Smith, J.V. Stilwell
Thomas Williams Wilson

Carmichael Gilbert Land
Martin Martschink Matthews
McConnell Mitchell Passailaigue
Patterson Peeler Pope
Shealy Smith, N.W. Washington

Hinds (Present) Nay

Mullinax (Absent) Aye

The amendment was laid on the table.

Along with the many, many joys and privileges of legislative service, there are a few serious detractions. Among the most difficult problems is the loss of time spent with family, friends, and loved ones. Today is my daughter's graduation day and it belongs to her. I have made provisions to be paired with Senator Hinds so that my vote can be recorded.

Senators MARTSCHINK, COURSON, DRUMMOND, GIESE, HELMLY, HOLLAND, LEATHERMAN, LOURIE, McGILL, MOORE, O'DELL, PEELER, ROSE, RUSSELL, SETZLER, SHEALY, J. VERNE SMITH, THOMAS, WILSON, COURTNEY and ROBERT W. HAYES, JR. proposed the following Amendment No. 7 (CYY\19014.SD):

Amend the resolution, as and if amended, by adding the following new sections to be appropriately numbered which shall read:

/SECTION ____. Article VI of the Constitution of South Carolina, 1895, is amended by adding:

"Section 10. The General Assembly, not later than January 15, 1995, by general law shall provide for an executive cabinet of the Governor consisting of not more than fifteen members as heads of departments organized as far as practicable according to major purposes and functions as determined by the General Assembly. The department heads in the cabinet so established must be appointed by the Governor upon the advice and consent of the Senate by recorded vote. They shall serve at the pleasure of the Governor with that compensation as provided by law.

Those agencies or departments of the executive branch of state government included in the executive cabinet shall perform their functions and responsibilities under the auspices and supervision of the cabinet department head under whose jurisdiction they come. No legislative or judicial branches of government or the agencies or functions thereof may be made a part of the executive cabinet's jurisdiction, and nothing in this section shall affect the office, powers, or duties of the constitutional officers of this State."

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

"Shall Article VI of the Constitution of this State relating to state officers be amended by adding Section 10 so as to provide that the General Assembly, not later than January 15, 1995, by general law shall provide for an executive cabinet of the Governor consisting of not more than fifteen members as heads of departments organized as far as practicable according to major purposes and functions as determined by the General Assembly, and to provide that those agencies or departments of the executive branch of state government included in the executive cabinet shall perform their functions and responsibilities under the auspices and supervision of the cabinet department head under whose jurisdiction they come?

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 LOURIE argued in favor of the adoption of the amendment.

Senator MARTIN argued contra to the adoption of the amendment.

Senator LAND argued contra to the adoption of the amendment.

At 8:00 P.M., Senator SETZLER moved under Rule 15A to set a time certain of 9:00 P.M. on Tuesday, June 2, 1992, to vote on the entire matter of H. 3127.

Senator SETZLER asked unanimous consent to make a motion that debate on each amendment be limited to a total of three minutes for proponents and three minutes for opponents.

Senator McCONNELL objected.

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

Bryan Cork Courson
Courtney Drummond Giese
Hayes, R.W. Helmly Hinson
Leatherman Lourie Martschink
McGill Moore O'Dell
Peeler Pope Russell
Setzler Shealy Smith, J.V.
Stilwell Thomas Wilson

Carmichael Gilbert Holland
Land Leventis Macaulay
Martin Matthews McConnell
Passailaigue Patterson Reese
Rose Smith, N.W. Washington

Hinds (Present) Nay

Mullinax (Absent) Aye

Having failed to receive the necessary vote, the motion to set a time certain failed.

At 8:04 P.M., Senator DRUMMOND moved that the Senate stand adjourned.

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

Carmichael Hinds Hinson
Land Leventis Martin
Matthews McConnell Patterson
Washington Williams

Bryan Cork Courson
Courtney Giese Gilbert
Hayes, R.W. Helmly Holland
Leatherman Lourie Macaulay
Martschink McGill Moore
O'Dell Passailaigue Peeler
Pope Reese Rose
Russell Setzler Shealy
Smith, J.V. Smith, N.W. Stilwell
Thomas Wilson

The Senate refused to adjourn.

Senator BRYAN asked unanimous consent to make a motion that the Senate recur to the morning hour and then proceed to a call of the uncontested local and statewide Calendar.

Senator McCONNELL objected.

Senator MARTIN spoke on the motion.

Mr. PRESIDENT and colleagues.

I have a great deal of material here, but, I'm not here to filibuster. I'm probably not physically able to filibuster, but, everything I have here is some meaningful information. It certainly has been meaningful to me and, I trust, it will be meaningful to you.

You know, this particular legislation which has just been read to you in the form of an amendment is a nongermane amendment, and let me tell you that it is revolutionary. And, let me tell you how much the people have had in the input of its formulation.

I have before me the Executive Order that created this Commission. We have been led to believe that this was a committee designed to search for some modernistic panacea of government. But, this Executive Order, signed by the Governor, charges these people, 'I hereby establish the South Carolina Commission on Government Restructuring to review and fine-tune the overall plan of restructuring of government as proposed by the Governor.' That was their charge in his Executive Order. And, I read from his, I have my family's Coat of Arms -- the dinosaur. I've got my whole family's picture with the dinosaurs. It's grandma and grandpa, all of them. And you would be surprised that the dinosaur can read this Executive Order!

Then, who is to be the staff on this fine committee? Fine, I have no fault with that. It says that the staff of the Commission shall be provided by the Governor's office; the Lt. Governor's office -- who is a pre-announced candidate for Governor; the House Judiciary Committee -- who is headed by a pre-announced candidate for Governor; the staff of the State Reorganization Commission -- who is a strong supporter of this particular thing, and I'll call it a `thing' for, no, I promised my family I wouldn't cuss so much this time. So, that is the staff that is to be used.

Then, we come to the members. All of them are good people. But, let me make a few little remarks about the members, not impugning their integrity, but, let's look at a few little highlights about them, little truthful things about them.

The second person named is Mr. Henderson Barnett. I've known Henderson Barnett for many years and he's an honorable man. I have bended the elbows with Henderson from morning 'til night. Henderson is the Chairman of the Technical Educational Board of this state. Do you know what this recommendation is for the Technical Education Board? That it be exempt from the Executive Council. If it's so darned good -- I've cleaned it up, folks -- why, in the world would a member of this Commission exempt his organization that he's a member of? But, the Comprehensive and Technical Education is recommending not to be in the cabinet form of government. Is it because the cabinet form of government wouldn't function for his crowd? Does he think that a cabinet political appointee would some way jeopardize this modernistic twenty-first century form of government for the Technical Education, where it would be good enough for everybody else, but, not for his crowd?

The name right under his is Mrs. Paula Bethea who is a lovely lady and whose husband was appointed to the State Ports Authority by the Governor -- whose husband was appointed. Guess who else is exempt from the thing? The State Ports Authority is exempt. Oh, yes. That's a revelation.

Now, some of the other members -- Dr. Walter Edgar, Dr. Blease Graham, who, it came out in the reapportionment hearing, almost by accident, and it was by accident, that they received $10,000 apiece for work done on this project. Well, they ought to ask for a raise. Ten thousand dollars apiece. Now, that came out in the reapportionment hearing when a lawyer was asking, I think it was the Lt. Governor's lawyer by mistake, asking some question he asked everybody that gave affidavits, `Have you been paid?' and this fellow said, `$10,000.' Oh, no, not, not for this, that was for another thing.' He said, `What?' He said, `That was for restructuring study.' And, then, I read in the paper where either they were catching the devil in the House and the Chairman of the Judiciary Committee over there said that was some research that they had done. But they didn't tell the other members of the committee that they'd been paid members. They were voting members. They were not paid staff. They were voting members of this Commission. There's nothing wrong with taking the $10,000 if you're working, but, why not tell it and let your fellow members know your interest in this thing? That's what I call integrity, or lack of it.

Now, why would these two doctors be paid? I don't know, but, I think maybe both of them might could help the Governor when he runs for the Senate later. You know, they're political sides type people and all. You know, I don't know that. But, you know how they paid them? They added to their salaries at the University so nobody could find it out. That's what I'm advised. Now, this is the sort of openness that we'd have, maybe, with restructured government. With us old dinosaurs going around and finding things like that out. That's hardly fair.

And, then we find there's a Dr. Willis Hamm. I do not know the gentleman. But, I read in the paper the last two days that he had been Co-Chairman of the Re-Elect Campbell for Governor and he just got a job with the Human Affairs Commission. I think he got probably one of the best jobs there. And, if he was Co-Chairman, he had to be Republican, I reckon he was or is. Nothing wrong with that. Maybe not, but, this is sort of an unbiased Commission, you know? Started running this thing. I thought people ought to know this.

But, then, I've got a book, Who Will Tell the People? I'll tell them, but they won't read about it. But, I guarantee it by election time when you come up for election, the people'll know. Because we have something here that records our votes and is called the Journal of the Senate. And, when you vote to vote down these amendments that have merit to them, and then the Floor Leader who got up and appealed to you the first day before this amendment was read and, he said, `Let's keep it simple.' I've got more doggone -- boy, haven't I cleaned up my act? -- I've got more headline about keeping it simple, keeping it simple. Let the people decide, but keep it simple. Submit to them one question. Don't give them a choice. Let them vote, but cram it down their throat what they've got to vote for. That's real democracy. That's real great of you to let them vote, but, don't give them a choice on what to vote for.

You know, I watched the Alex Sanders' show and I enjoyed a great deal of it. And, one of the panelists said that he was concerned that the people wouldn't understand what they were voting for. And one PhD. political science fellow just got indignant and said, `Well, certainly, understand it. Understand whether they're for the cabinet.? But, that ain't what it meant. It's to understand whether the people understand what the cabinet [emphasis added] means.

I'm going to tell you what the cabinet means from this very podium before I sit down. I'm going to tell you what it calls for, because I guarantee you that not one out of five of you know what it does or what it calls for. And, if I was running against you, now, of course, I haven't got into all of these other things
-- I see here the two Co-Chairmen are our distinguished, unbiased, Presiding Officer who sent us a communique and he said in the communique with the Governor, it says, `Don't let them amend our Bill.' Lord, have mercy. I didn't know they had a Bill up here. It said, `our Bill.' It's sort of a Freudian slip. Read that thing. It says, `Don't let them amend our amendment.' Don't let them do our thing.

But, then, Bill Amick and Dr. Britton. Both of them from Clemson, on the Board. I don't know if they knew if this thing is implemented how this thing would gut Clemson. One thing it does, it takes away these local home demonstration people and the local farm agents and puts them under some other, takes them away from Clemson. They're the best public relations people Clemson's got! And, this cabinet form puts them in some sort of thing like Public Service. Takes them away from Clemson. How, in the world could a board member -- and both of these I voted for them and they're good people.

And, then, there's the Honorable Wil McCain. I think he's working full-time for the Governor now.

And, then, they've got Mr. Joel Smith who's writing letters and putting ads in the paper.

And, I can tell you, and then there's our colleague, Ms. Sherry Martschink, who was his Co-Chairman for Re-Election and has got a $74,000 paying job. I mean, all of these people are sort of unbiased.

And, but, they got down here the Honorable I. S. Leevy Johnson. He's a breath of fresh air. You know I wrote to Leevy. He and I used to take sun baths together. And, he stayed out a little longer than I did. But, I wrote Leevy and I said, `Leevy, did you know that two of those members of that committee were paid $10,000 apiece? Did they reveal that to you? I don't want to get up and say anything that's not so.' And so, Leevy wrote me back. `I was shocked to learn that the USC professors, Walter Edgar and Blease Graham, were paid.' Here's a fellow colleague on this Commission. `At no time were the members of the Commission made aware of the fact that they were being compensated. I was under the impression that all of these members were volunteers. None of the other members ever received per diem. I believe their presence corrupted the process.' Here's a fellow who's been a Past President of the South Carolina Bar Association, a black fellow, a respected man. `I maintained from the first day that the Committee was stacked. I protested and my protestations were summarily dismissed. I specifically recall Professor Blease Graham being called upon to trumpet the advantages of the cabinet form of government. At the time I did not realize why he had such, why he was such a strong advocate. Now, I do. I have no objection to you using my name. I believe the whole process was hypocritical and tainted with inappropriate unethical conduct. The fact that this information was not disclosed to us is a good example of what will happen when a handful of insensitive bureaucrats controls our government.' That's a classic. I've got room on my wall for that one.

But, let's see what happened when these people were studying this thing. This is a drastic change, it may be a great change, but, it's drastic to say the least. But, reading from their Report, this, to me, is a classic. `Public Hearing. A Public Hearing was held on June 10, 1991, in Columbia, in order to gather input from the public regarding the proposed restructuring of state government. Persons representing state agencies, private groups, and the general public testified during the Hearing.' `A Public Hearing in Columbia.' Can you imagine a Public Hearing on a subject that the Executive Summary is this big? I almost got a hernia bringing it up here! Dealing with 15 positions in all of state government being restructured and they had a Public Hearing in Columbia.

And, do you know where the first Public Hearing in this General Assembly was? The House of Representatives passed it without a Public Hearing. There was no Public Hearing in a Committee; there was no Public Hearing in a Subcommittee. It came to the Senate. Or, rather, the Senate introduced this Bill and the Chairman appointed me to the Subcommittee and I got to be Chairman by seniority -- that Senator LOURIE wants to do away with after he gets out. Senator LOURIE wants to do it on merit, but, who in Hell, I'm sorry about that bad word, but, who's going to determine who's got the merit? The Republicans are going to say, `Oh, the Republicans have got the merit.' We Democrats are going to say, `Oh, we Democrats have got it.' We're going to be right back where you started from.

But, I was Chairman of the Subcommittee studying this. So, that's when I got this book. That's when I started saving all these clippings about the President of the United States having that Committee of One Hundred and how he has handled our federal government. These people give him $100,000 and how he does one thing for one crowd that gave him the $100,000 and how he denies it to the other crowd that didn't give him $100,000. And shows you that that's the way the thing works. But, I insisted on having Public Hearings. And, so, we had Public Hearings.

I made a mistake. I let the proponents go first and they went first and they left. They didn't even stay to hear the opponents of it. Wasn't one of them left there. But, I heard some of the finest testimony opposing this thing I have ever heard. I heard from, you know, when you get older, you forget names, but, I heard the lady's name, I can't think about her, from the Blind. She's from Aiken. She's totally blind. And, this is a small fragment of our state, a small fragment of the population of our state. But, she's the Chairman of the Agency of the Blind, or whatever the appropriate technical name is. And, it's worth your time, if you could have just had the pure pleasure and joy for those who criticized state government in South Carolina to have heard that lady relate to you what the State of South Carolina has done for the blind people of this state. It's worth a year of your time to have listened. This lady is not just legally blind; she is totally blind. She said that when she was a young girl, that blind people made brooms and sold pencils. And they said that psychologists tell you that the greatest fear of mankind is death and the second greatest fear is blindness. So, we had the Commission on the Blind and the Blind, I think, was maybe with DSS and then maybe with the Vocational Rehabilitation people. And, while they were with this just one other agency, they did not get the attention and the funding and they were rated the sixth best or the sixth worst Commission of the Blind in the Southeast, South Carolina was. And, this General Assembly created them in an independent agency. Now, they want to consolidate them with 43 others in this restructuring! And, now, they have the second best rating and next year they'll be rated the first best system. The Commission on the Blind. Now, she's a classroom school teacher, not making brooms and not selling pencils. And, she begged us not to put this Commission on the Blind and hide it with any other one, much less this recommendation is to go, I said, that was the licensing thing, I'll get to the licensing before it's over with, but, there with five, or six, or seven, or eight, or ten other services proposing this thing. And, 'course you can get up and say, `Now, the Legislature doesn't have to do that.' But, if it's in this proposal, I don't know if your hands will be tied or not, but, if you don't do it, you'll be accused of inefficiency.

At that Public Hearing Mike Jarrett, who has terminal cancer, tells about the fact that his duty is to protect the public from their matters of health. And, that since he's been head of the DHEC he has got messages from the present Governor and the immediate past Governor as to how to find some crucial environmental decisions instead of based on findings by their experts; to make that decision on political grounds and he said it would be a crime and a disgrace to put this particular agency under a cabinet head who was a political appointee acting as an arm of the Governor who had to get so many votes to get elected and maybe $5-$7 million contribution to get elected. And, he said this criticism of boards and commissions, said that these people who serve on his board are dedicated people, but they are the buffer between him and a public who advocates wrongdoing in his Department. That was what was one of the things said at that Public Hearing.

Then, we come to the licensing part, but they keep talking about 145 agencies. Forty-four of them are in the licensing end. And, I've got the page in the book of all of them. They advocate and recommend a cabinet for licensing. They advocate, and, God knows, I've got to read those 'cause it's almost as good as reading the funny paper. The Licensing Board. You know, the ironic thing is the Governor already appoints every one of these boards now. Said they aren't responsible to anybody and, yet, the Governor appoints the board.

Let me digress a minute and try to, just within these walls, I know you Republicans aren't going to change your mind, 'cause you've already got the thing from Mt. Sinai. But, it'd be interesting to know that one of the greatest fallacies of all is that this Governor and this state is powerless and we are a legislative state. And, as the Senator from Richland who's probably got a date somewhere, I reckon, but says, `We are worried about our power, about losing our power.' I just am not really concerned about my power, but, we never had much power. You're talking about a powerful man -- the Governor can veto any bill we pass. If you don't believe it, look at reapportionment. It's already cost the State of South Carolina over a million dollars. He can line item veto anything we put in the General Appropriation Bill. He makes 80% to 90% of every meaningful board and commission appointment in this state today. The only difference is he can't fire him if the fellow does something right that he doesn't like. But, we've got here a Commission, a Cabinet on Licensing. That's what they recommend. A Commission on Licensing. Now, I don't know who'd get that job, whose brother-in-law would get it or somebody might have contributed some money, but, you know, this study doesn't go into the political realities. A Senator said he got a job here working back in the fifties or sixties. I worked as a page in the House, Mr. Blatt was there in 1940-41. I got so good, they gave me an elevator job, working on the automatic elevator. I finally figured that out and then they gave me a job being the upstairs doorkeeper. So, I've been here awhile. I've seen them come and go. But, can you imagine, some of you people, who are afraid of your constituents voting against you because you didn't give them a right to vote?

Now, if I were running against one of you, the first thing I'd do, I'd get the Senate Journal for the day, if the day's the day we're going to vote on these amendments, and I would pick out some of the best amendments and I'll say this fellow that I'm running against voted against your voting on this amendment. And, then he'll say, our fearless Floor Leader, the Senator from Greenville, advised us in a letter in a direct communication which'll be in the Journal, too, from our Lt. Governor and our Governor, that said just don't pass any other amendments. And I'll say, `This fellow I'm running against didn't have the courage to submit this question to you. Either he didn't want you to vote on it or he didn't think you had enough intelligence to vote on it.' And the paper won't put it in there. You can buy a little ad for about $50 to tell them about it.

The next thing I believe I'd do is to write to all of the barbers. That's a pretty good crowd. A lot of times, they sit around and talk. And, I'd say, `You've got your own Barber's Board right now. And, you take your barber's exam with the barbers. And, if they've got any complaints, the barbers pass on it. But, this fellow voted for the cabinet form of government which is going to put your Barber's Board in with 43 other licensing agencies. You'll be in with the Board of Accountancy. You'll be in with the Alcoholic Beverage Control Commission, the Board of Architectural Examiners, the Athletic Commission, and your Board of Barber Examiners, the Board of Barrier Free Design, the Board of Chiropractic Examiners, the Contracting Licensing Board, the Board of Cosmetologists -- and I'd write that crowd before I wrote the barbers. I'd write them and say, `Well, when you get ready to get your license, you go to cosmetologists on that board that you have an input with.' And now you don't have to answer to anybody with the Board of Medical Examiners and you don't have to answer to anybody's Governor's cabinet member. But, if you re-elect that damn fool you had down here last year, that's what he was for and I got it in the Journal. I think I'll go to work as a PR man, an election specialist.

But, there are 44 licensing things that they are going to lump together just because they've got the word, `license.' They have no more right to be in the same group other than this licensing thing that our Lt. Governor was Chairman of, Co-Chairman. The Board of Optometry. Now, I've got a good letter in here. I want to get that from you, telling you what Florida's doing about their thing. They combined theirs in Florida and this fellow wrote the letter and sent, he's, I think, with the architects. Here he is. Fellow out of there, AIA, isn't that the architect thing? American Institute of Architects. And, I believe he votes over there, yea, in Lexington. And, he is mad as Hell. I've got a letter from a Lexington fellow that's a PhD. I'm going to read that, too. And, he just said, `I'm not a constituent of yours.' I saw his PhD. and I started to tear it up and I said, `Wait a minute, fellow might have some intelligence,' and it turned out, it was the best letter I ever got. Telling how there was a power play to take the power and put it into either one person or one group who was going to control. I've got it. I'm going to read it. He's from Lexington. I've got his phone number, too. Delightful fellow. But, here is, rising fees don't sit well with the boards. From Jacksonville, Florida, Times Union, where they have put their architect boards in with other boards and commissions.

While we're talking about Florida, and they probably have a cabinet form as they consolidated. You know, they're having a Special Session, not to pass the cabinet form, but to try to get up some money to balance their budget? With that old cabinet form and all that efficiency and all? I swear.

And I heard this morning that California was $11 billion short. I don't know if they've got a cabinet form, but they are short a Hell of a lot of money. That's about three, four times as much as we spend all year, they're short that.

And, let's talk something about South Carolina, and Senator LOURIE was telling some of the good things we've done. I don't know why in the world we quit doing them just cause he's leaving. But, you know, progress is slow. It's so slow sometimes, we don't even see it happening. But, I've seen it happen and I've made the speeches, backing on the folks, and I made one speech and I just read this book, Ride with the Horsemen. I say, I've never been a Horseman. I've ridden with the Horsemen and seen the Horsemen and I've tried to be here when the Horsemen needed me to be here. And, I couldn't be prouder of our State and our state government and our state legislature has been so much responsible for our progress.

When I came here, and I often refer to this and I know that. It's not senility that makes me repeat it, but, I remember when our Mental Health was nothing in the world, but just one asylum in this State. A place where a member of your family, if he had mental trouble, would be sent to die -- not to be cured or not to be helped or not to make a meaningful life for himself -- but to die. I've seen our educational system on a higher level when we had just one university. When I went to the University, we didn't have but 1500 students on campus. And now, we've got what? Seven off campus schools and three or four four-year colleges and the rest two-year colleges. We've got a big campus. We've got some of the finest colleges that have been developed in the last 15-20 years and they say we haven't done anything. But, this is some other thing.

I had somebody look this up for me because, of course, God knows, I wouldn't have known it myself, but, sometimes when these bankers begin to tell you how inefficient this government is, we have a balanced budget. Maybe we shouldn't have too much credit for that because we are compelled to do it by our Constitution. But, when we have our business interests come here for business interest purposes and we respond to them, hoping it will help the economy. We passed a bill called, `Fee in Lieu of Taxes' which is to their benefit, underdeveloped county jobs income tax credits, corporate headquarters job income tax credit; research and develop equipment sales tax credit, corporate income tax reduced from 7% to 5%, manufacturing facilities and expansion property tax abatement. We created the Jobs Economic Development Authority. We have the Palmetto Seed Capital Corporation, S. C. Enterprise Development Corporation, S.C. Research and Development Authority, S.C. Coordinating Council for Economic Development and they say we are not competent and capable of making progress in this state with this General Assembly having the authority we have.

They want to have political appointees by a Governor which, they say, will be responsive to a Governor who's been appointed, maybe elected a second term and can't even run again for that office. He can run for U.S. Senate or Magistrate or something. And you tell me that this state has not made progress and you look at the Mental Health, the progress and the facilities that we have. And our higher education, our lower education. And my little poor county of Fairfield, we've got the finest high school structure that a person can attend. I just hope we can get our instructional level up to the construction level.

But, I have been here and I voted for the first sales tax ever proposed when Jimmy Byrnes was Governor and so did you, Senator from Kershaw, and so did you. We're the only three living human beings that did that. And, then I voted for the 4% and the 5%. And, you know, talking about getting re-elected. I have never been endorsed by a newspaper. I have never been endorsed by the S. C. Education Association. And I wish I could say I'd never been beat, but I have. But, it wasn't because of either one of those crowds. But, I got beat doing something I'd do again and again and again -- and if I'd have done it another way I don't think I could have ever slept with myself. But, that's all right. That's beside the point.

But, you people who might be considering yourself, and it's only natural to consider yourself, and you're worried about re-election if you don't vote straight down the line with your Republican friends. When election time comes, you won't have any bankers helping you and you won't have the State Chamber of Commerce helping you. And you're not going to have the editorial writers helping you. They ran that ad in the paper, and I've got it here. You ought to see it. `Call your Senator, John A. Martin, phone number 635-4912. It's critical and crucial to save our state. Give him a call. He's a key man against us and call him and persuade him.' I got one phone call the third day and after talking to him, they said, `John, do what you think's right.'

I talked with one Senator who's sitting here. I'll let him tell it himself so I won't call his name. Said they ran it in two newspapers and he didn't get a single call. That's why this tide is just flowing in so much -- it didn't get a single doggone call. I got one.

Then, they sent out the letter telling them how to call you at home and what to say. Told you everything except which finger to use in punching your phone number. Tell you how, to be sure to read it first and know what you're talking about and don't argue with him. If his wife answers, don't talk to the wife. I didn't get a single call at home. If he'd have called me during one of those ball games, I'd have promised to vote for it, 'cause I probably would have had a bet on the game. But, I didn't get a single call at home. I got one call at the office on the third day. I think she worked at a bank in Columbia.

But, that's the wave of people who really want to destroy this state, by giving one man the authority to put somebody over every agency in this state. With a right to fire him if he doesn't do what he says do. That's the key to it.

Now, let's look at some of the political practicalities which this Commission never considered. If they considered it, they must have talked about it in a closet somewhere, 'cause it's not in any writing. But, most of us are not naive about political considerations. You know and I know that people have, you have, political obligations. You and I know and it's no secret and it's nothing detrimental, our own colleague was appointed to a job that she knew nothing about, the Worker's Compensation Commission. She was Co-Chairman of the Governor's Re-Election Commission. These are the political realities.

But, who in the world would want to be a cabinet member when he can be fired by the Governor that appointed him if he didn't do exactly what that man wanted him to do? Plus, he's going to lose his job when the man's term is up anyway. If he is a man with a good job, who is going to quit a good job to take a job of limited duration when he has no decisions to make on his own unless somebody else is looking over his shoulder?

Now, in addition to writing all these people whose agencies and their licensing boards are put in one, I'm going to go through this proposal and show you what all they're combining. I don't know if any of you, some of you, may know it. I probably wouldn't have known it had I not been made the Chairman. But, they have so many things that are split up and maybe it's a pretty smart thing to split them up. They have split up the Highway Department by putting the engineering in one cabinet and then the automobile tags in another cabinet. The Highway Patrol is in another cabinet. That's another crowd I'd write to -- the Highway Patrol -- tell them the fellow that voted for the cabinet form has voted for something to take you away from the Highway Department where you would no longer be just under your Colonel that came up through the ranks, but the cabinet man would be a political appointee of the Governor and your Colonel would be answering to a political appointee. And, that's exactly what I'd be telling is the truth. Even old dinosaurs know that. Mossbacks and all that.

And then, the higher education. I think the board can still oversee things and hire the President or something. But, you should read this. But, you see, who will tell the people this? This won't be in the paper tomorrow. But, you can bet your bottom dollar that by the time your election comes up the people will know what they have been deprived of voting for if you continue to deprive them of some vote. You can tell them in justifying not voting for anything, if you'll tell them what this proposal proposes to do.

Then, of course, we all know that our present Governor would not be Governor when this particular bill would pass. If it did come to pass, he would not be the Governor, it would be somebody else. Do any of us know who it would be? I don't know, it could be the Lt. Governor, it could be the mayor of Charleston, it could be Ross Perot -- he could move here -- he's got a hundred million he could spend on it. It could be Rep. Wilkins, it could be most anybody. But, you ought to look and see what goes on now to see what maybe would go on then.

And, I already made the talk about the no fault and you know what? I made two talks and you people were very kind. You listened and clapped. I appreciate that. I've got enough ego to appreciate it and remember it.

But, you know, the State newspaper has yet to put it in the paper that the no fault insurance was never introduced in this Senate? In spite of the fact that I took twenty minutes on two different days to say it. The News and Courier put it in there and the reason they put it in there is because the Governor's spokesman said that `me and some others were dinosaurs and mossbacks.' So, they printed that. That made it newsworthy.

But, I went to the Journal to get the Governor's speech, so I wouldn't misquote him about no fault. And, he got to the part about no fault and he didn't say anything in here about us passing Senator Courson's no fault bill. He says, `under my plan,' -- that he never introduced in this Senate, or had introduced -- `you may choose coverage with complete personal protection' and eliminate various things. Then it says, `premiums are lower and benefits are greater.' That's his promise to the people. Well, if he can bring a bill here that the premiums are lower and the benefits are better, we'll give it unanimous consent to pass it. But, that's simply not the case, my colleagues.

And, I submit the same thing I said before. It wasn't introduced in this Senate because we would have had hearings. And we would have done research on it and we would have found out if it would have done that.

Now, this same speech said, 'so, tonight, let me issue the call. The ratepayers of South Carolina should fill the balconies of the State House when the debate begins displacing special interests who continue to profit from this system.' Fill the balconies. Well, we couldn't debate it because it was never introduced. But, the people have been misled and they still write letters to the editor about the trial lawyers killing it.

But, let me read this letter from a PhD. from Lexington County:

`I'm not a constituent in your district, but I wanted to inform you of my support for your stance on restructuring proposal. I salute you for your strength of character....'

That's the reason I wanted to read it. I wanted you to particularly hear that.

'...to withstand the pressure that you are under from the press in not reporting the news, but trying to make the news.'

No wonder he's got a PhD. He must have written his thesis on that.
'The electronic and print media obviously have a vested interest in the cabinet form of government and their control over public opinion is unquestioned. With the media blitz on this issue, there is no doubt that if the referendum reaches the ballot this year, it will pass. Therefore, now is the time for our leaders with cooler heads to slow down this freight train of public opinion that has been contaminated by a biased press.'

Couldn't have said it better myself is the reason I read it.

'The concept of making state government more efficient and more responsive is certainly a laudable goal. But, it has been clouded of the concept of accountability. The whole area of accountability involves who is in charge when blame is to be placed, rather than how to make the system more responsive to the public. Operation Lost Trust and democracy bashing has led to a tremendous support for any type of restructuring that proposes increased accountability. The danger here is that the cabinet form of government does not ensure greater efficiency and effectiveness. It simply consolidates control in the hands of one individual. Government can be improved in areas of efficiency and effectiveness without developing an autocratic system. A system of boards appointed by the Governor and approved by the Legislature actually provides more opportunity for public input than the proposed cabinet system and it guards against excessive power being consolidated in one office. Let me thank you for your voice of reason, your wisdom.'

I want to read that again -- `your wisdom'.

'And your commitment to effective government. You and your supporters are demonstrating tremendous strength and fortitude in the face of firestorm and not cave in to the political pressures. Please continue to stand strong against the proposal and rest assured that there are many citizens throughout this state that see things your way.'
That is an intelligent man and an intelligent letter.

But, you know, they say that power corrupts. And, I didn't say it first, but I don't mind repeating it now. In the past few weeks, and I never thought I would see this in an editorial, I have it somewhere, that the State newspaper had an editorial about the Governor. Well, it said that the state shouldn't pay the Republican Party's attorneys' fees and it alluded to the Governor's vetoing of our reapportionment. And it went on to say that the Governor, and his reason for vetoing was that it didn't have enough black districts and it used a bad word when he said he used that. Said in his `pious' way. Now, who would have ever thought that the State newspaper would have called our Governor `pious?' Well, that piousness has cost us well over a million dollars and, with appeals, it'll cost us two or three million dollars.

And, then, in the newspaper in the last week or two, I don't know if we've ever seen this, but the federal auditors audited some grants. Just happen to have one. Here it is. It says, `Mr. Campbell's sounding pious, but really playing hardball politics for the benefit of the Republican cause.' It says `He rejected the plan because it did not contain as many black majority districts as he felt the U. S. Justice Department required.' So, they caught him there. And, that's the editorial in the State newspaper which is normally a very pro-Campbell publication.

But, then, this communication from the Governor direct to us without any stamps or anything else from Nick Theodore, who is our very impartial Presiding Officer in this debate, and our Governor says:

`Many amendments are being offered to our constitutional amendment which would allow people to vote on government restructuring. There is no question that we could support, ...'

Well, they can't support any in this Chamber.

'... some, `if they were offered separately from the restructuring amendment. However, it is a fact at this late date that if any amendments that would change the basic question are adopted, restructuring will not be on the ballot in November.'

Restructuring. See, that's the only thing they want. They want the people to have a right to vote, but don't give them a choice as to what to vote for. Now, that's undisputed. Their courageous leader, the Senator from Greenville, said as much. He didn't say it in French or he didn't say it indirectly. He just said to you, `we're going to get some good amendments, but, let's not vote for any of the good amendments. Let's vote them down.'

And, I'll tell you another thing. I'll say this to his credit. Mr. Wilkins, the Chairman of the House Judiciary Committee, appeared at a hearing before the Senate Judiciary Committee, or Senate Subcommittee, and he was questioned. He was asked, `Why doesn't this particular amendment address the Constitutional officers as was recommended in this study?' And he just completely, frankly, and I commend him for it. It was refreshing to hear a Republican tell the thing like it was. He said that they had decided it'd be best just to present one question at this time. They could come back later and eliminate the Constitutional officers. And, I said, wouldn't it be a little bit fairer to let the folks know that that was what your plans were?

Well, that was a different question. They might wouldn't do that. They might wouldn't do that. But, now, this particular plan that they have recommended and I understand that they're not duty-bound and we wouldn't be duty-bound to do everything they say. The biggest farmers in Richland County, lower Richland. They don't farm uptown on Main Street, but they've got some farmers. And, one farmer said, `Senator, don't let them pass that cabinet form. We want to keep electing our Commissioner of Agriculture. It's important to us. We don't want a gubernatorial appointment serving as our Commissioner of Agriculture.' Now, I couldn't write to anybody and truthfully tell them that this thing provides for that. I could truthfully say that the study recommended it. And, that down the road they could look out for it. And, in order not to have to look out for it, I voted against it the first time so that they could get some sleep at night and not worry about it.

And, the Adjutant General -- Oh, that's another group. I'd write every man who was in the National Guard in my district. And tell them this sanctimonious, unbiased study committee chaired by two pre-announced candidates for Governor had recommended that the Adjutant General be put over them a cabinet member appointed by the Governor. He wouldn't have to be a military man. Rather than you having the right to elect one that came through the ranks. Now, if you want that sort of representation in Columbia, you can vote to send that fellow back down there. But, if you want a refreshing voice down there that don't line up and vote with those Republicans every time they call the roll, my name's John Martin and my name's right on the ballot and you've got a good choice there. I'd sure tell every one of 'em, `Red' (HINSON). Those people in the eleventh precinct got sixteen boys in the National Guard and that's in your district. I'd write to those boys in the National Guard. The ironic thing is, that, of course, the Superintendent of Education, she ran on a platform of doing away with the elective office. And the Commission recommends it. And, lo and behold, it's not even in there. That's almost unanimous consent. You can almost get third reading on Friday with unanimous consent. And, for some reason, that's not even in there and, yet, they've got a Department on Education that excludes that lady's office. So, you're going to have a Cabinet on Education and you're going to have the Superintendent of Education elected by the people. And, this is for efficiency. That's what it's for, is efficiency.

It will surprise you, and, of course, we've got some other amendments. The Commission on Government Restructuring recommends that a constitutional amendment be proposed to change the office of Adjutant General from an elective position to be an appointed position. I'd print that. I wouldn't make up that. I'd just take a photostatic copy. You know we've got all these Cannon machines. I'd say I'm enclosing the recommendation of this Commission that Governor Campbell appointed and that 14 out of 15 Republicans voted straight down the line for. And, if you want to send a Republican up there, to vote for him. Vote for a Republican in the General Election, but in this primary, you'd better send a Democrat that's going to vote with the Democrats against this sort of thing. That's what I'd tell them. 'Cause every word of it would be true.

Then, I'd get me some copies of this Senate Journal which is going to reflect worlds of things before this debate is over with. It's not only going to reflect what you voted against, but I would put down there beside it in my own handwriting the fact that my opponent was a Democrat and put an `R' by all the Republicans that voted for it and that he voted for all those. Even our Majority Leader has fragmented and he abandoned us. Really, in fairness to him, he abandoned us before he announced he was going to run for Lt. Governor. But, he abandoned us. He didn't abandon us before he had it in his head he was going to run for it. ISADORE (LOURIE) and I ran together. We ran in Fairfield and we ran in Richland and he came to Fairfield with HYMAN RUBIN and TRAVIS MEDLOCK, I don't remember TRAVIS, and ALEX SANDERS and they'd go to some of those country stores in Fairfield and say, `I'm running for the Senate' and they'd say, `Well, if you're running against John Martin, just get out of here.'

But, nevertheless, I told Senator LOURIE that I was worried about his mental health. He's started taking all these peculiar positions and then I saw where he wanted to run for statewide office and then I said, `Well, that's the answer to it.' Maybe he doesn't need any mental condition; maybe, he needs a good whipping in the woodshed to get his senses back.

But, anyway, I don't want to stay here too long. I will mention one or two little things. You folks have got some problems. And your problems, it's right ironic that this thing has gotten this far. On second reading in the Senate, without any debate in this Senate except the little private hearing we had on the Subcommittee, until today, which is Tuesday, the day before my golf day. I'll be here tomorrow, 'cause I'll catch up when I get out of here. But, I'll be here and I'll have some more words.

But, this is the first debate that the public, and that's probably confined to these ears that are right here, has heard. And, the next time when we have some of these amendments, I'll get back up and I'll go through some of this other stuff. I do want to go through some things that I think you'll find interesting and I got them from the newspaper. And, I'm not saying that I'm addressing the thing of efficiency in the Governor's office.

Just in the past ten days or so, when the federal auditors audited a fund that I didn't know we had, the sentiment of some overcharge by the oil companies and it's so many million dollars that the Governor can grant said that this people they disallowed three of his grants. Now, I don't know how many they allowed that might be some question about. But, one of the grants they disallowed was approximately $800,000 to the Sonoco Corporation, which is a very large, very profitable, and a very fine industry in South Carolina. On the New York Stock Exchange you can look up that quote anytime you want to, Senator from Irmo. $800,000 to burn tires. And, listen to this if you didn't read it. Efficiency. Shortly after getting the $800,000, they got $44,000 to do a feasibility study to see if they could spend the doggone money. And, the feasibility study came back and said it would cost about $5 million to fix the boilers where they could burn the tires. And, the paper didn't say what they did with the $800,000. It didn't say it was returned and it didn't say it wasn't. So, I can't say it wasn't returned. But, I believe if I was with Sonoco, and I sent that money back, I would see to it that the paper put it in there that I sent the $800,000 back. But, if they didn't burn the tires and they keep the $800,000, I'd be ashamed of it.

You think of all the houses that could be insulated and let the poor people keep a little warmer, just two or three or four degrees warmer in the dead of winter. A little cooler in the summer. To spend $800,000 to insulate houses, instead of burn tires that were never burned. And, if I were an investigative reporter with some enterprising news media, I would look to see if that particular Sonoco ever made any contributions.

But, in that same article there was a grant of about $100,000 to a corporation. And, the corporation, the paper said, was rated 98th in preference. Out of 98 applications, it was last! And, it was approved! And, I said, `You know what? I'm not exactly Perry Mason, but, it doesn't take Perry Mason to realize that you just don't give the last applicant that money unless there's some other reason.' So, I got a copy of that chart of that corporation. And I found that several of those members of that thing had given to the Governor's campaign.

Now, that's the kind of efficiency that we're talking about. And, we're saying we're denying our people of the right of having all that wonderful leadership. And taking over our state government from us, people who have completely deteriorated, according to Disraeli over there.

But, I've got a lot more if we come back in Special Session. I'm sort of keeping a file on those. But, I don't know if we need to come back, but if we do, we'll be ready. But, more and more people are finding out every day, everybody that's talked to me about it, when they first start talking they say they think it's a good idea. And, I say, `Well, do you realize the Governor can appoint everybody that's the head of almost every meaningful agency, even these regulatory things, like DHEC, but not the courts, and not the Ports Authority because the wife of the man that's on the Ports Authority was on the board. And, not Technical Education because the Chairman was on the board.

But, he can appoint a political appointee with absolutely no qualifications and I asked this one lady at our subcommittee and she was on this committee, and I said, `Well, what about the requirements?' `Well, y'all will have to lay down the requirements and the Senate gets to confirm them.' I said, `I've been here 40 years and, you know, you just don't beat a Governor's confirmation unless you caught them stealing, or messing with a goat, or something like that, you know.' That's just a bunch of foolishness about us going to be the safeguard on confirmations. If you're going to use that as a reason, as your safety valve, you're just whistlin' Dixie.

And, what they're trying to do to us is swap us a biscuit for a whole sack of flour. And, some of you may feel, and some of you may say, that old John Martin wouldn't be saying that if he were running for re-election. Hell, if I were running for re-election, I'd have got up here a half hour earlier and I'd leave a half hour later. I didn't get here keeping my mouth shut and following the Republican vote. I was here when we were fortunate enough not to have any Republicans. I know we had one Republican. We had a committee meeting to find out whether or not it'd be all right to speak to him. You remember him? Then we got two or three, and then they just almost overwhelmed us.

But, I say that laughingly. Some of you are my worst enemies. But, it's no question you people stick together better. You take orders. I wonder, are you Democrats that are voting with them, are y'all in on the strategy sessions downstairs, or are they just using y'all upstairs? I don't know if they trust you downstairs. But, they've been having meetings to find out what we're going to do and the Lt. Governor's been sort of suggesting what motions to make, but I don't know if y'all are in on those things. But, if you're going to vote with them, I'd get in with them good, 'cause there might be some cabinet positions open. I don't know what they're going to pay, but you can tell them you're hungry and tell them you're an old washed out Senator and you might qualify for a cabinet. But, you'd have to change parties if the Republicans are electing and that's what it looks like they're trying to do to us. Well, what I do say, I would wait until the press leaves, of course, but, we've got Bingo. I've got a dog named Bingo. He looks just like you. He's an old hound dog. Don't do a damned thing but eat. But, anyway, Bingo put us in there after hours, but when we get some prime time, when the press is here and they've got the cameras going, I'm going to read Preacher Harrelson's dissertation he sent to us. We're going to have plenty of amendments. We have plenty of talks. But, if the people of this state, and, in particular, these people, you know, you take like Purvis Collins. He's from Winnsboro and just comes to my mind. He's head of the Retirement Fund. There's nobody in this state who would say that the Retirement Fund is not an efficiently run thing; that their money's not invested properly. It would be a crying shame to have some political appointee for somebody like him to have to answer to. A career state employee that has been a career man and has devoted a better part of his life to giving us a sound department of state and all of a sudden he's got to start reporting in to some flunkie from Greenville. And, believe you me, they'll come from Greenville.

It would be a crying shame and we've got Purvis Collins' over and over again in this state. Competent people running their jobs fine. Mike Jarrett doing a conscientious job. Not always one that satisfies everybody. If you start satisfying everybody, you're either lying to one half or doing something wrong. But, conscientious, knowledgeable people that have given a great portion of their lives to be a dedicated state employee and all of a sudden, they've got to start answering to a political appointee which, to say the very best, has questionable credentials, so that he can go running to the Governor and find out how his contributors feel about that particular issue.

Thank you for your kindness and your attention. Somebody asked me, `Was I making my last speech?' I said, `Well, I may or may not.' But, if some of them don't vote right, they'll be making their last speech.

I have certainly not made any scientific study about the effectiveness of our government. We, as a democracy, have many shortcomings and many ways that we can improve. But, I would put our government up against any government in this United States, from what I know about it.

I read in the paper where Michigan can't reach a payroll, where in Texas I saw one morning on television where the Treasurer of California is the fellow Brown's sister. And she's signing chits, I.O.U.'s for the State of California, one of the richest, biggest states in the nation, and they're $11 billion overloaded. I read also in the paper that Florida's had a Special Session purely to try to balance their budget. We've never had those problems. I've read where Michigan is out of money and school teachers can't get paid. Big states.

Now, we're a long ways from being efficient. Because we haggle. And, that's democracy haggling. I said this and I'll say this, and it's not on restructuring. I say this with a great deal of sadness. That the people in my area, in my county, and I think to a large degree in this state, are disenchanted with the political situation, not necessarily this state.

When I came here, our governing body was not a County Council because we went to that later. But, when we first had a County Council, my people could vote for all members of County Council. Now, they can vote for one out of seven -- less than 15%. My people can vote for one out of seven members of the School Board. We passed a law last year that said they had to be elected and I got it passed because I knew I was leaving. We would not have a Senator, so we could elect the School Board. One of the fellows that got elected has proposed that they get $9,000 a year to serve on the School Board plus per diem. I can't vote for that fellow. He can't do it either 'cause we put it into law that they shall serve without compensation with the exception of per diem as provided in state law for boards and commissions.

But, that's the sort of people we have. And, I can't vote against that fellow. And, neither can 85% of the people in my county vote against him. And my county's Senatorial line is right down Main Street in the County Seat. Half of my people would like it and half are with York so they're disenchanted with it. Some of them are even begging me, of course. But, that's all right 'cause they didn't know I can't run. But, they're not going to have a meaningful vote in the Senate. They don't have a meaningful vote in County Council. They don't have a meaningful vote for the Board of Education. They vote for one out of five for City Council. So, they asked me, `John, why in the world do I want to go to the polls on election day?' To me, that is the saddest thing of all. That these people are practically disenfranchised; is not to have a real voice in their government. And, I don't know if I can do anything about it, but I'm going to spend the rest of my days trying to help correct a very bad wrong.

Now, of course, the black situation calls some of them. Now, when we had county-wide elections, we had five County Councilmen --at-large and three of them were black. But, I think that our people are disillusioned with the whole political process. They write letters to the editor and the people that they criticize, they thumb their noses at them. `You can't vote for me. I don't care what you say.' They're not responsive to the public and yet they can raise the taxes. They can pay three times for land what it's worth and they don't have to answer to the people.

Thank you very much.

(Ordered printed in the Journal)

Senator PASSAILAIGUE spoke on the amendment.

Senator HINDS raised a Point of Order that the remarks of the Senator holding the floor were not germane to the amendment under debate.

The PRESIDENT admonished the Senator to keep his comments germane to the subject matter under debate.

Senator PASSAILAIGUE continued speaking on the amendment.

Senator HOLLAND moved to carry over the Bill.

Senator SETZLER moved to table the motion to carry over.

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

Cork Courson Courtney
Drummond Giese Hayes, R.W.
Helmly Hinson Leatherman
Leventis Lourie Macaulay
Martschink McGill O'Dell
Passailaigue Peeler Pope
Reese Rose Russell
Setzler Shealy Smith, J.V.
Stilwell Thomas Wilson

Bryan Carmichael Gilbert
Holland Land Martin
Matthews McConnell Mitchell
Moore Patterson Saleeby
Smith, N.W. Washington

Hinds (Present) Nay

Mullinax (Absent) Aye

The motion to carry over the Bill was tabled.

Senator NELL W. SMITH argued contra to the adoption of Amendment No. 7.

Senator LEVENTIS argued contra to the adoption of Amendment No. 7.

At 8:52 P.M., Senator LEVENTIS moved that the Senate stand adjourned.

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

Carmichael Hinds Land
Leventis Martin Matthews
McConnell Mitchell Patterson
Saleeby

Bryan Cork Courson
Courtney Drummond Giese
Gilbert Hayes, R.W. Helmly
Hinson Holland Leatherman
Lourie Macaulay Martschink
McGill Moore O'Dell
Passailaigue Peeler Pope
Reese Rose Russell
Setzler Shealy Smith, J.V.
Smith, N.W. Stilwell Thomas
Washington Wilson

The Senate refused to adjourn.

Senator DRUMMOND argued in favor of the adoption of Amendment No. 7.

Senator HINDS argued contra to the adoption of the amendment.

Senator McCONNELL argued contra to the adoption of the amendment.

At 9:25 P.M., Senator COURSON moved under Rule 15A to set a time certain of 11:00 P.M. on Tuesday, June 2, 1992, to vote on the entire matter of H. 3127.

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

Bryan Cork Courson
Courtney Drummond Giese
Hayes, R.W. Helmly Hinson
Leatherman Lourie Martschink
McGill Moore O'Dell
Peeler Pope Russell
Setzler Shealy Smith, J.V.
Stilwell Thomas Wilson

Carmichael Gilbert Holland
Land Leventis Macaulay
Martin Matthews McConnell
Mitchell Passailaigue Patterson
Reese Rose Saleeby
Smith, N.W. Washington

Hinds (Present) Nay

Mullinax (Absent) Aye

Having failed to receive the necessary vote, the motion to set a time certain failed.

The reason I have voted twice not to invoke Rule 15A on H.3127 is simple. Debate on government restructuring (Amendment No. 7) did not begin until approximately 7:00 p.m. No Senator who asked to be heard on the amendment took the podium to kill the bill by the use of the filibuster. The desk informed the Senate approximately thirty-six amendments were on the desk. These included amendments to limit the terms of members of the General Assembly to twelve consecutive years, a recall provision, petition initiative by voters, and expanding the question of the cabinet to include constitutional officers. All of these items strengthen, not weaken, government restructuring and should be debated and voted upon. I would vote favorably on Amendment No. 7 (the cabinet proposition) if it comes to a vote. However, invoking cloture at this time would not be fair to the people of South Carolina.

Senator McCONNELL continued arguing contra to the adoption of the amendment.

Senator STILWELL asked unanimous consent to make a motion to carry over the Bill.

Senator POPE objected.

Senator McCONNELL argued contra to the adoption of Amendment No. 7.

Senator McCONNELL moved to carry over the Bill.

The Bill was carried over.

Senator PASSAILAIGUE desired to be recorded as voting against the motion to carry over the Bill.

Senator LEVENTIS rose to a Point of Personal Privilege.

H. 4571 -- Reps. Wilkins, Boan, T.C. Alexander, Waldrop, Phillips, Bennett, Beasley, M.O. Alexander, J. Bailey, Barber, H. Brown, Clyborne, Cooper, Fair, Farr, Fulmer, J. Harris, P. Harris, Harrison, Haskins, Hodges, Huff, Jennings, L. Martin, M. Martin, McGinnis, Sharpe, Smith, Tucker, Wells, Wofford, Wright, A. Young, Jaskwhich, Quinn, Sturkie, Koon, Riser, D. Martin, J. Brown, Scott, Gentry, Harwell, Vaughn, Corning, Cato, J. Williams, Shissias and Lanford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-23-15 SO AS TO PROVIDE THAT NO LICENSE OR PERMIT REQUIREMENT OR CONDITION MAY BE ENFORCED UNLESS PROMULGATED BY REGULATION PURSUANT TO CHAPTER 23 OF TITLE 1; TO AMEND SECTION 1-23-10, RELATING TO DEFINITIONS FOR THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO DEFINE THE TERMS "AGENCY ACTION" AND "ASSESSMENT REPORT"; TO AMEND SECTION 1-23-110, AS AMENDED, RELATING TO PROCEDURES FOR PUBLICATION OF NOTICES OF PROPOSED REGULATIONS, SO AS TO REQUIRE AN ASSESSMENT REPORT BY THE BUDGET AND CONTROL BOARD; AND TO AMEND SECTION 1-23-125, AS AMENDED, RELATING TO THE APPROVAL, DISAPPROVAL, AND MODIFICATION OF REGULATIONS, SO AS TO REQUIRE ADOPTION OF PROPOSED REGULATIONS BY JOINT RESOLUTION WITHIN ONE HUNDRED TWENTY DAYS.

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

Senator LEVENTIS argued contra to the second reading of the Bill.

At 9:45 P.M., Senator MITCHELL requested and was granted a leave of absence from 10:00 P.M. tonight until 11:00 A.M. Wednesday, June 3, 1992.

Senator LEVENTIS continued arguing contra to the second reading of the Bill.

Senator PASSAILAIGUE spoke on the Bill.

Senator CORK argued contra to the second reading of the Bill.

Senator MOORE spoke on the Bill.

Senator MOORE proposed the following Amendment No. 1 (BR1\2737.AC), which was adopted:

Amend the bill, as and if amended, Section 7, by deleting /three/ and inserting /six/.

Amend title to conform.

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

Senator MOORE moved that the amendment be adopted.

The amendment was adopted.

Senator PASSAILAIGUE proposed the following Amendment No. 2 (BR1\2743.AC), which was adopted:

Amend the bill, as and if amended, Section 1-23-115(B), page 2, line 5, by deleting /forty-five days of/ and inserting /sixty days after/; and beginning on line 6 by deleting /or within forty-five days of the agency's submission of the requested additional information, whichever is later/.

Renumber sections to conform.

Amend title to conform.

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

The amendment was adopted.

Senator BRYAN proposed the following Amendment No. 3 (BR1\2758.AC), which was adopted:

Amend the bill, as and if amended, Section 1-23-115(C), by deleting that portion of this subsection before the enumerated items and inserting:

/At a minimum, the preliminary assessment report required by this section must disclose the effects of the proposed regulation on the public health and environmental welfare of the community and state and the effects of the economic activities arising out of the proposed regulation. Both the preliminary and final reports required by this section may include:/.

Renumber sections to conform.

Amend title to conform.

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

The amendment was adopted.

Senator MOORE proposed the following Amendment No. 4 (JUD4571.001), which was adopted:

Amend the bill further, as and if amended, page 3, line 14, in Section 1-23-115(C)(11), as contained in SECTION 1, by striking /./ and inserting /;/ .

Amend the bill further, as and if amended, page 3, line 16, in Section 1-23-115(C)(12), as contained in SECTION 1, by striking /./ and inserting /;/ .

Amend the bill further, as and if amended, page 6, line 8, in Section 1-23-110(A)(3)(f), as contained in SECTION 3, by striking /Section 1-23-115(D)/ and inserting

/Section 1-23-115(E)/ .

Amend the bill further, as and if amended, page 7, line 17, in Section 1-23-120(B)(4), as contained in SECTION 4, by striking /Section 1-23-115(D)/ and inserting

/Section 1-23-115(E)/ .

Amend the bill further, as and if amended, page 11, line 5, in Section 1-23-130(D), as contained in SECTION 5, by striking /The final summary of the assessment/ and inserting:

/The summary of the final assessment/ .

Amend title to conform.

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

The amendment was adopted.

Senator LEVENTIS proposed the following Amendment No. 7 (DKA\3978.AL), which was adopted:

Amend the bill, as and if amended, Section 1-23-115(C)(13), SECTION 1, by inserting /and public health/ after /environment/.

Renumber items to conform.

Amend title to conform.

The amendment was adopted.

Senator PASSAILAIGUE proposed the following Amendment No. 11 (CYY\19297.SD), which was adopted:

Amend the bill, as and if amended, in Section 1-23-115(C)(3) of the 1976 Code, as contained in Section 1, by inserting immediately after /cost-effective/ on line 26 of page 2 /, feasible/.

Amend the bill further, as and if amended, in Section 1-23-115(C)(5) of the 1976 Code, as contained in Section 1, by inserting immediately after /efficient/ on line 34 of page 2 /, feasible/.

Amend the bill further, as and if amended, in Section 1-23-115(C)(11) of the 1976 Code, as contained in Section 1, by inserting immediately after /burdens./ on line 14 of page 3 /A determination of the need for the regulation must consider qualitative and quantitative benefits and burdens./

Amend the bill further, as and if amended, in Section 1-23-115(D) of the 1976 Code, as contained in Section 1, by inserting immediately after /approved/ on line 32 of page 3 /or disapproved/.

Amend title to conform.

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

The amendment was adopted.

On motion of Senator LEVENTIS, with unanimous consent, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments carrying over all amendments to third reading.

On motion of Senator STILWELL, with unanimous consent, the Senate agreed to recur to the Morning Hour and, upon completion, would proceed to a call of the uncontested local and statewide Calendar.

June 2, 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.

Initial Appointment, Member, State Fire Marshal Board of Appeals, with term to expire September 6, 1995:

Consumer:

Mr. Harold B. Swygert, Swygert & Associates, Ltd., Post Office Box 11686, Columbia, South Carolina, 29211

Referred to the General Committee.

Columbia, S.C., May 28, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.415, S. 1347 by a vote of 6 to 0:
(R415) S. 1347 -- Senator O'Dell: AN ACT TO AMEND ACT 902 OF 1964, AS AMENDED, RELATING TO THE CREATION OF THE ABBEVILLE COUNTY HISTORIC PRESERVATION COMMISSION, SO AS TO DELETE THE REQUIREMENT THAT MEMBERS OF THE COMMISSION MUST BE RECOMMENDED FROM CERTAIN MUNICIPALITIES, TO AUTHORIZE THE COMMISSION TO ELECT A SECRETARY AND TREASURER INSTEAD OF A SECRETARY-TREASURER, TO AUTHORIZE OFFICERS TO SUCCEED THEMSELVES UNDER CONDITIONS, AND TO SUBSTITUTE COUNTY COUNCIL FOR DELEGATION AS THE ENTITY WHICH MAY APPROPRIATE MONEY TO THE COMMISSION.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 2, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. Boan, Rogers and McAbee of the Committee of Free Conference on the part of the House on:
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.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 2, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3095 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-23 SO AS TO PROVIDE THAT A PERSON WHO IS CONVICTED OF OR PLEADS GUILTY TO MURDER AND IS FOUND TO BE MENTALLY RETARDED MUST BE SENTENCED TO LIFE IMPRISONMENT, DEFINE MENTALLY RETARDED, AND PROVIDE A PROCEDURE TO DETERMINE MENTAL RETARDATION; AND TO AMEND SECTION 16-3-20, AS AMENDED, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO PROHIBIT THE EXECUTION OF A PERSON FOUND TO BE MENTALLY RETARDED.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 2, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3292 -- Reps. J. Bailey, Haskins and Wilder: A BILL TO AMEND SECTION 7-15-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO ADD PERSONS SEVENTY-TWO YEARS OF AGE OR OLDER.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 2, 1992

Mr. President and Senators:

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

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., May 28, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on the following Bill and has ordered the Bill Enrolled for Ratification:
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.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 2, 1992

Mr. President and Senators:

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

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 2, 1992

Mr. President and Senators:

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

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 2, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4359 -- Reps. McAbee, Rhoad, T.C. Alexander and McTeer: A BILL TO AMEND SECTION 48-23-295, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORESTRY SERVICES AVAILABLE TO LANDOWNERS, STATE AGENCIES, COUNTIES, AND MUNICIPALITIES, SO AS TO INCLUDE PROCESSING FOREST TREE SEED, PROVIDE FOR RECEIPTS FROM RELATED ACTIVITIES AND RENTALS TO BE RETAINED BY THE FORESTRY COMMISSION INSTEAD OF DEPOSITED IN THE GENERAL FUND, AND AUTHORIZE THE COMMISSION TO CARRY FORWARD UNEXPENDED FUNDS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 2, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4659 -- Reps. Townsend, P. Harris, Shirley, Chamblee and Cooper: A BILL TO AMEND ACT 509 OF 1982, AS AMENDED, RELATING TO THE BOARDS OF TRUSTEES OF ANDERSON COUNTY SCHOOL DISTRICTS, SO AS TO REVISE THE FOUR AREAS FROM WHICH THE TRUSTEES OF ANDERSON COUNTY SCHOOL DISTRICT NO. 2 ARE ELECTED.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 2, 1992

Mr. President and Senators:

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

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 2, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4860 -- Reps. Sheheen, Baxley and K. Burch: A BILL TO AMEND ACT 930 OF 1970, AS AMENDED, RELATING TO SCHOOL TRUSTEES FOR KERSHAW COUNTY, SO AS TO PROVIDE FOR THE ELECTION OF TRUSTEES FROM SINGLE-MEMBER DISTRICTS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

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

The House returned the Bill with amendments.

The Senate proceeded to a consideration of the Bill. The question being the consideration of the Senate amendment to the House amendment.

Senators WILLIAMS, NELL W. SMITH and STILWELL proposed the following amendment (JUD1253.006), which was adopted:

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

/SECTION 1. Section 20-7-420 of the 1976 Code, as last amended by Act 548 of 1990, is further amended by adding an appropriately numbered item to read:

"( ) To issue consent orders authorizing parties to engage in any form of alternate dispute resolution which does not violate the rules of the court or the laws of South Carolina; provided however, the parties must designate any arbiter or mediator by unanimous consent subject to the approval of the court."

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

Amend title to conform.

Senator STILWELL explained the amendment.

There being no further amendments, the Bill was ordered returned to the House of Representatives with amendments.

Columbia, S.C., June 2, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
H. 4093 -- Reps. P. Harris, Waldrop and Neilson: A BILL TO AMEND SECTION 44-81-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHTS OF RESIDENTS IN LONG-TERM CARE FACILITIES, SO AS TO INCLUDE THE RIGHT TO BE INFORMED OF THE FACILITY'S REFUND POLICY WHICH A FACILITY MUST ADOPT, TO CHOOSE A PERSONAL PHYSICIAN AND RIGHTS ASSOCIATED WITH TREATMENT AND CARE, TO PROVIDE AN EXCEPTION TO THE THIRTY-DAY TRANSFER NOTICE REQUIREMENT, AND TO PROVIDE FOR FAMILY ACCESS TO THE RESIDENT AND THE RIGHT OF FAMILY TO MEET WITH OTHER FAMILIES AT SUCH FACILITIES.
Very respectfully,
Speaker of the House

On motion of Senator MACAULAY, with unanimous consent, the Senate receded from its amendments to the Bill.

S. 858 -- Senator Thomas: A BILL TO AMEND SECTION 12-36-2120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT ORTHOTIC DEVICES, EXCLUDE CERTAIN SHOES AND DEVICES FROM THE EXEMPTION, AND DEFINE TERMS.

On motion of Senator THOMAS, with unanimous consent, the Bill was recalled from the Committee on Finance.

There was no objection.

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.

H. 4698 -- Rep. Phillips: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 58 SO AS TO PROVIDE FOR THE LICENSURE OF CERTAIN NONPUBLIC POST-SECONDARY EDUCATIONAL INSTITUTIONS AND TO REPEAL CHAPTERS 46 AND 59 OF TITLE 59, RELATING TO DEGREE-GRANTING NONPUBLIC EDUCATIONAL INSTITUTIONS AND TO PROPRIETARY SCHOOLS RESPECTIVELY.

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

There was no objection.

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

The House returned the Bill to the Senate as requested by prior motion of Senator MACAULAY.

Senator MACAULAY asked unanimous consent to reconsider the vote whereby the Bill was read the third time.

There was no objection and the Bill was ordered placed on the Calendar for consideration.

The following were introduced:

H. 4746 -- Reps. Rhoad, Koon, Nettles, Neilson, Baxley, Jennings, Boan, Farr, Waldrop, M. Martin and Snow: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA FORESTRY COMMISSION TO ESTABLISH A FIELD TRIAL AREA IN CHESTERFIELD COUNTY ON SAND HILLS STATE FOREST.

Whereas, the South Carolina Forestry Commission is considering the establishment of a field trial area enclosing six thousand to ten thousand acres with an eight foot wire fence to be used primarily for fox hunting and possibly for meeting, show, and support facilities; and

Whereas, the commission recognizes the uniqueness of a special use area of this magnitude and understands there would be biological, social, and economic impacts; and

Whereas, as always, the commission serves the best interests of all the state's citizens and continues to recognize its role in the stewardship of our state forests; and

Whereas, the commission is soliciting comments on this proposal from the public, hunting organizations, local businesses, and legislators; and

Whereas, the members of the General Assembly desire to inform the commission of their support of the proposal as it would have a positive impact on the surrounding area. Now, therefore,

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

That the members of the General Assembly request the South Carolina Forestry Commission to establish a field trial area in Chesterfield County on Sand Hills State Forest.

Be it further resolved that a copy of this resolution be forwarded to the South Carolina Forestry Commission.

Senator SALEEBY explained the Resolution.

On motion of Senator SALEEBY, with unanimous consent, the Concurrent Resolution was ordered placed on the Calendar for consideration tomorrow.

H. 4854 -- Reps. L. Martin, Huff, Jennings, Beasley, J. Harris and Kirsh: A CONCURRENT RESOLUTION TO REQUEST THE ATTORNEY GENERAL OF SOUTH CAROLINA TO BRING AN APPROPRIATE LEGAL ACTION IN FEDERAL COURT TO HAVE THE PROVISIONS OF THE FEDERAL HIGHWAY BEAUTIFICATION ACT WHICH REQUIRE NONCONFORMING OUTDOOR ADVERTISING SIGNS TO BE REMOVED DECLARED UNCONSTITUTIONAL.

Whereas, under the federal Highway Beautification Act which was passed in 1965, outdoor advertising signs which were lawfully erected but do not conform to the requirements of the Highway Beautification Act are required to be removed to the extent that federal funds are made available to participate in paying the costs of compensation to the sign owner; and

Whereas, in 1991, the Congress enacted the Intermodal Surface Transportation Efficiency Act which provides funding for the federal share of the compensation for the acquisition of these nonconforming signs and as a result South Carolina and the other states are now required to purchase nonconforming signs to comply with the Highway Beautification Act of 1965 or risk the loss of certain federal highway funds; and

Whereas, it is estimated that nationwide there are approximately 92,000 nonconforming signs which must be removed and most of these signs have been in place since 1965; and

Whereas, under the United States Constitution, no person may be deprived of his private property without just compensation and without due process of law; and

Whereas, the manner in which compensation to the owners of these signs which must be removed shall be paid under the federal law raises the question of whether or not this will be full and complete compensation for their loss. For example, it appears that the sign owners may not receive any compensation for the lost profits they will incur because of a decrease in the amount of business they will do because of a lack of these signs; and

Whereas, there is also authority under federal case law that unreasonable and lengthy delays in some cases deprive a citizen of his right to due process of law and to delay enforcing these provisions of the Highway Beautification Act for almost thirty years certainly raises the question of whether or not an owner of a sign now required to be removed, which he has been allowed to use for almost thirty years, has received due process of law; and

Whereas, the members of the General Assembly, by this resolution, request the Attorney General of South Carolina to challenge in federal court the constitutionality of these provisions of the federal Highway Beautification Act and the Intermodal Surface Transportation Efficiency Act on the above grounds and for the above reasons. Now, therefore,

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

That the members of the General Assembly hereby request the Attorney General of South Carolina to bring an appropriate legal action in federal court to have the provisions of the federal Highway Beautification Act which require nonconforming outdoor advertising signs to be removed declared unconstitutional.

Be it further resolved that a copy of this resolution be forwarded to the Attorney General of South Carolina.

On motion of Senator LOURIE, with unanimous consent, the Concurrent Resolution was ordered placed on the Calendar for consideration tomorrow.

H. 4823 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, RELATING TO OUTDOOR ADVERTISING, DESIGNATED AS REGULATION DOCUMENT NUMBER 1495, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

On motion of Senator LOURIE, with unanimous consent, H. 4823, was ordered to receive a second and third reading on the next two consecutive legislative days.

H. 4682 -- Rep. Beasley: A BILL TO AMEND SECTION 56-3-1150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FREE VEHICULAR REGISTRATION FOR FORMER PRISONERS OF WAR, SO AS TO PROVIDE THAT THE PLATE MAY BE TRANSFERRED TO A VEHICLE OWNED OR LEASED BY A FORMER PRISONER OF WAR OR HIS SURVIVING SPOUSE.

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

On motion of Senator HINSON, with unanimous consent, H. 4682, was ordered to receive a second reading on Wednesday, June 3, 1992.

H. 3524 -- Reps. Kirsh and Klapman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-145 SO AS TO DEFINE "THREE-WHEEL VEHICLE"; TO AMEND SECTION 56-1-10, RELATING TO DEFINITIONS USED IN THE GENERAL PROVISIONS RELATING TO MOTOR VEHICLES, SO AS TO CHANGE THE DEFINITION OF "MOTORCYCLE" AND ADD THE DEFINITION OF "THREE-WHEEL VEHICLE"; TO AMEND SECTION 56-1-50, RELATING TO BEGINNER'S DRIVING PERMITS, SO AS TO REDUCE FROM TWENTY-ONE TO EIGHTEEN YEARS THE AGE OF A LICENSED DRIVER WHO MUST ACCOMPANY A PERMITTEE AND ESTABLISH PROVISIONS FOR THE ACCOMPANYING DRIVER WHEN THE PERMITTEE IS DRIVING A THREE-WHEEL VEHICLE; TO AMEND SECTION 56-1-130, RELATING TO A DRIVER'S LICENSE EXAMINATION, SO AS TO AUTHORIZE A LICENSEE TO OPERATE A THREE-WHEEL VEHICLE A BASIC DRIVER'S LICENSE; TO AMEND SECTION 56-3-20, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA MOTOR VEHICLE REGISTRATION AND LICENSING ACT, SO AS TO REDEFINE "MOTORCYCLE" AND DEFINE "THREE-WHEEL VEHICLE"; TO AMEND SECTION 56-5-140, RELATING TO THE DEFINITION OF "MOTORCYCLE", SO AS TO REDEFINE IT; AND TO AMEND SECTION 56-19-10, RELATING TO DEFINITIONS USED IN THE PROTECTION OF TITLES TO AND INTERESTS IN MOTOR VEHICLES, SO AS TO REDEFINE THE DEFINITION OF "MOTORCYCLE" AND DEFINE "THREE-WHEEL VEHICLE".

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

H. 4889 -- Medical, Military, Public and Municipal Affairs 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 on motion of Senator BRYAN, with unanimous consent, ordered placed on the Calendar without reference.

H. 4862 -- Rep. Gentry: A JOINT RESOLUTION TO DESIGNATE THE ROAD BETWEEN U.S. HIGHWAY 178 AND S41-57 AND U.S. HIGHWAY 178 AND S41-189 AS HOLSTON CROSSROADS AND TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO PLACE APPROPRIATE MARKERS.

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

H. 4868 -- Reps. Huff, Smith, Sharpe, Rudnick, Stone and Gentry: A BILL TO AMEND ACT 588 OF 1986, RELATING TO THE ESTABLISHMENT OF SINGLE-MEMBER ELECTION DISTRICTS FOR THE SCHOOL BOARD OF AIKEN COUNTY, SO AS TO REAPPORTION THE DISTRICTS.

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

H. 4881 -- Reps. Boan, H. Brown, Kirsh, Foster, Meacham, Carnell, McAbee, Hyatt and J. Harris: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO CHANGE THE NAME OF THE AUTHORIZATION FOR THE YORK COUNTY TECHNICAL COLLEGE.

Read the first time and on motion of Senator ROBERT W. HAYES, JR., with unanimous consent, ordered placed on the local and uncontested Calendar without reference.

On motion of Senator ROBERT W. HAYES, JR., H. 4881 was ordered to receive a second and third reading on the next two consecutive legislative days.

Senator MOORE, from the General Committee, has polled out H. 3408, favorable with amendment:

H. 3408 -- Rep. Kirsh: A BILL TO AMEND SECTION 39-55-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEMBERS OF THE CEMETERY BOARD, SO AS TO DELETE THE PROVISIONS FOR TWO MEMBERS TO BE APPOINTED FROM NOMINATIONS BY THE CEMETERY ASSOCIATION AND FOR INITIAL TERMS, PROVIDE FOR NOMINATIONS FROM AN INDIVIDUAL, A GROUP, OR AN ASSOCIATION, AND PROVIDE FOR APPOINTMENT AFTER A VACANCY; TO AMEND SECTION 39-55-95, RELATING TO LICENSES FOR THE OPERATION OF A CEMETERY, SO AS TO DECREASE THE REQUIRED EXPERIENCE FOR A GENERAL MANAGER FROM TWO YEARS TO ONE YEAR; TO AMEND SECTION 39-55-115, RELATING TO POWERS AND DUTIES OF THE BOARD, SO AS TO PROVIDE ADDITIONAL DUTIES REGARDING INVESTIGATIONS OF LICENSEES AND REVOCATION AND SUSPENSION OF LICENSES AND PROVIDE FOR APPLICATION OF THE ADMINISTRATIVE PROCEDURES ACT TO RELATED PROCEEDINGS; TO AMEND SECTION 39-55-125, RELATING TO RECORDS AND REGULATIONS OF A CEMETERY, SO AS TO PROHIBIT CERTAIN REGULATIONS, PROVIDE FOR THE ASSESSMENT OF FEES, DEFINE LABOR COSTS, AND PROVIDE FOR THE ESTABLISHMENT, AMENDMENT, AND ABOLISHMENT OF REGULATIONS PURSUANT TO THE ADMINISTRATIVE PROCEDURES ACT; TO AMEND SECTION 39-55-185, RELATING TO THE MERCHANDISE TRUST FUND, SO AS TO REQUIRE A FINANCIAL REPORT TO BE SIGNED BY A LICENSED ACCOUNTANT; AND TO REAUTHORIZE THE EXISTENCE OF THE CEMETERY BOARD FOR FIVE YEARS.

Moore Odell Courtney
Holland Passailaigue Thomas
Rose Stilwell J. Verne Smith Hinson Hayes, R.W.

Washington Cork Reese
Carmichael

Fielding

Wilson

Ordered for consideration tomorrow.

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

Senator SETZLER, from the Committee on Education, has polled out H. 4160, with no report:

H. 4160 -- Reps. Meacham, Altman, Anderson, J. Bailey, Baker, Barber, Baxley, Beasley, Boan, G. Brown, H. Brown, Bruce, K. Burch, Byrd, Carnell, Cato, Chamblee, Clyborne, Cole, Cooper, Corbett, Corning, Cromer, Delleney, L. Elliott, Fair, Farr, Felder, Foster, Fulmer, Glover, Hallman, J. Harris, Harrison, Harvin, Harwell, Haskins, Hendricks, Hodges, Holt, Houck, Inabinett, Jaskwhich, Jennings, J.C. Johnson, J.W. Johnson, Keegan, Kennedy, Kinon, Klapman, Lanford, Littlejohn, Marchbanks, M. Martin, Mattos, McAbee, McCraw, McGinnis, McKay, Neilson, Phillips, Quinn, Rama, Scott, Sharpe, Shirley, Shissias, Smith, Snow, Stone, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waldrop, Wells, White, Wilder, Wilkins, D. Williams, J. Williams, Wofford, Wright and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-442 SO AS TO PROVIDE THAT PUBLIC SCHOOLS SHALL OBSERVE A ONE-MINUTE PERIOD OF SILENT PRAYER AT THE BEGINNING OF EACH SCHOOL DAY.

Setzler Courson Helmly
Macaulay Stilwell Mullinax
Giese Martschink Matthews
Russell Wilson Leatherman

Patterson

Saleeby Pope Bryan
Nell W. Smith Gilbert

Ordered for consideration tomorrow.

Senator SETZLER, from the Committee on Education, has polled out H. 4390, favorable with amendment:

H. 4390 -- Reps. Corning, Wright, Shissias, Quinn, Wilkes and Waites: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-215 SO AS TO ALLOW A SCHOOL DISTRICT BOARD OF TRUSTEES TO CONSIDER THE PRIOR DISCIPLINARY RECORD IN ANY SCHOOL IN WHICH A STUDENT WAS PREVIOUSLY ENROLLED AND THE STUDENT'S CRIMINAL OR JUVENILE COURT RECORD, TO DETERMINE IF THE STUDENT MEETS THE STANDARDS OF CONDUCT AND BEHAVIOR REQUIRED TO BE ENROLLED IN A SCHOOL IN THE DISTRICT, AND TO PROVIDE THAT BASED ON THE RECORD, THE BOARD MAY BAR THE STUDENT'S ENROLLMENT IN A DISTRICT SCHOOL.

Setzler Pope Russell
Saleeby Wilson Helmly
Macaulay Courson Leatherman
Giese Stilwell Mullinax
Matthews Martschink

Bryan Patterson

Nell W. Smith Gilbert

Ordered for consideration tomorrow.

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

Appointment, Member, South Carolina Public Service Authority, with term to expire May 19, 1998:

The Honorable B. L. Hendricks, Jr., P. O. Box 612, Easley, South Carolina 29641 VICE Walter T. Cox

Senator MACAULAY, from the Committee on Medical Affairs, submitted a favorable report on:

Appointment, Member, Children's Trust Fund of South Carolina, with term to expire June 30, 1996:

Mr. Thomas Alexander Givens, P. O. Box 10470, Rock Hill, South Carolina 29731

Senator MACAULAY, from the Committee on Medical Affairs, submitted a favorable report on:

Appointment, Member, Mental Health Commission, with term to expire March 21, 1997:

Mrs. Louise R. Hassenplug, 1618 Seldon Place, Rock Hill, South Carolina 29730

S. 142 -- Senators McConnell and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-13-160 SO AS TO REQUIRE A PET DEALER AND PET SHOP OWNER TO PROVIDE AN ANIMAL BUYER WITH A STATEMENT FROM A LICENSED VETERINARIAN THAT THE ANIMAL HAS BEEN EXAMINED AND IS FREE OF DISEASE AND DEFORMITY, PROVIDE REMEDIES, AND DEFINE TERMS.

The House returned the Bill with amendments.

Senator McCONNELL explained the amendments.

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

S. 283 -- Senator Hinds: A BILL TO AMEND SECTION 6-7-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR ENACTING OR AMENDING ZONING REGULATIONS OR MAPS, SO AS TO MAKE ZONING ORDINANCES SUBJECT TO THE PROCEDURES, TO PROVIDE THAT THE PLANNING COMMISSION HAS FORTY-FIVE RATHER THAN THIRTY DAYS TO SUBMIT ITS REPORT TO THE GOVERNING AUTHORITY AND FAILURE TO SUBMIT ITS REPORT WITHIN FORTY-FIVE DAYS IS DEEMED APPROVAL OF THE CHANGES, AND TO PROVIDE THAT NO SUIT MAY BE BROUGHT TO CHALLENGE THE VALIDITY OF A ZONING ORDINANCE, RESOLUTION, OR MAP, OR AMENDMENTS TO ANY OF THEM EXCEPT ON THE GROUNDS OF ADEQUACY OF NOTICE UNLESS THE CONTESTANT FILES A NOTICE OF INTENT TO CONTEST WITH THE GOVERNING BODY WITHIN THIRTY DAYS AFTER ITS FINAL ACTION ON THE MATTER AND ACTUALLY COMMENCES THE ACTION WITHIN NINETY DAYS OF FILING THE NOTICE OF INTENT TO CONTEST.

The House returned the Bill with amendments.

Senator HINDS explained the amendments.

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

S. 810 -- Senator Land: A BILL TO AMEND CHAPTER 5, TITLE 47, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RABIES CONTROL, SO AS TO REVISE THE PROVISIONS FOR RABIES CONTROL OF PETS AND OTHER ANIMALS, INCLUDING DEFINITIONS, INOCULATIONS, NOTICES, BITES AND ATTACKS, CONFINEMENTS, QUARANTINES, ENFORCEMENT, AND PENALTIES.

The House returned the Bill with amendments.

Senator MACAULAY explained the amendments.

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

S. 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.

The House returned the Bill with amendments.

Senator MULLINAX explained the amendments.

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

S. 1362 -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-5-25 SO AS TO PROVIDE TEMPORARY WORKERS' COMPENSATION COVERAGE FOR AN APPLICANT TO AN APPROVED SELF-INSURANCE FUND.

The House returned the Bill with amendments.

Senator LOURIE explained the amendments.

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

S. 1378 -- Senator Setzler: A BILL TO AMEND ACT 171 OF 1991, RELATING TO THE GENERAL APPROPRIATIONS ACT FOR 1991-92, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH CERTAIN FUNDS FOR "EMPLOYER CONTRIBUTIONS FOR SCHOOL DISTRICTS - INSURANCE, RETIREES" IN PART I ARE ALLOCATED AND EXPENDED.

The House returned the Bill with amendments.

Senator SETZLER explained the amendments.

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

S. 1394 -- Senators Bryan, J. Verne Smith, Courtney, Mullinax, Rose, Thomas, Lourie and Wilson: A BILL TO AMEND SECTION 35-1-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROMULGATION OF RULES, FORMS, AND ORDERS BY THE SECURITIES COMMISSIONER UNDER THE UNIFORM SECURITIES ACT, SO AS TO AUTHORIZE THE COMMISSIONER TO ISSUE CEASE AND DESIST ORDERS; TO AMEND SECTION 35-1-540, RELATING TO THE TIME LIMITATION ON SUSPENSION OR REVOCATION PROCEEDINGS INSTITUTED BY THE COMMISSIONER, SO AS TO REVISE THIS TIME LIMITATION; TO AMEND SECTION 35-1-1310, RELATING TO PETITIONS FOR REVIEW OF FINAL ORDERS OF THE COMMISSIONER IN A COURT OF COMPETENT JURISDICTION, SO AS TO REVISE THE TIME WITHIN WHICH A PETITION FOR SUCH A REVIEW MAY BE FILED; TO AMEND SECTION 35-1-1460, RELATING TO THE SECURITIES COMMISSIONER APPLYING TO A COURT OF COMPETENT JURISDICTION TO COMPEL OBEDIENCE OF WITNESSES, SO AS TO AUTHORIZE THE COURT TO IMPOSE CERTAIN FINES FOR FAILURE TO COMPLY AND TO PROVIDE THAT THE COURT MAY AWARD TO THE SECURITIES COMMISSIONER FEES AND COSTS INCURRED IN APPEARING BEFORE THE COURT; TO AMEND THE 1976 CODE BY ADDING SECTION 35-1-1475 SO AS TO AUTHORIZE THE SECURITIES COMMISSIONER TO IMPOSE AND COLLECT CERTAIN ADMINISTRATIVE FINES; TO AMEND SECTION 35-1-1580, RELATING TO THE INSTITUTION OF CRIMINAL PROCEEDINGS BY THE ATTORNEY GENERAL AFTER REFERENCE TO HIM OF EVIDENCE BY THE SECURITIES COMMISSIONER, SO AS TO ALSO AUTHORIZE A CIRCUIT SOLICITOR TO INSTITUTE SUCH PROCEEDINGS; AND TO AMEND SECTION 35-1-1590, RELATING TO CRIMINAL PENALTIES FOR WILFULL VIOLATIONS OF THE UNIFORM SECURITIES ACT, SO AS TO INCREASE THE DOLLAR AMOUNT OF THE AUTHORIZED FINE.

The House returned the Bill with amendments.

Senator BRYAN explained the amendments.

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

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

The House returned the Bill with amendments.

Senator BRYAN explained the amendments.

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

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

The House returned the Bill with amendments.

Senator BRYAN explained the amendments.

On motion of Senator BRYAN, 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. 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 House returned the Bill with amendments.

Senator STILWELL explained the amendments.

On motion of Senator STILWELL, 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. 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 with amendments.

Senator MOORE explained the amendments.

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.

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. 4878 -- Rep. Littlejohn: A JOINT RESOLUTION TO PROVIDE THAT, FOR THE 1991-92 SCHOOL YEAR, PACOLET ELEMENTARY SCHOOL LOCATED IN SPARTANBURG COUNTY SCHOOL DISTRICT THREE IS EXEMPTED FROM THE REQUIREMENT THAT DAYS MISSED BE MADE UP, AS A RESULT OF A FIRE AT THE SCHOOL.

(By prior motion of Senator COURTNEY)

H. 4880 -- Rep. Baxley: A BILL TO AMEND ACT 259 OF 1961, AS AMENDED, RELATING TO THE HARTSVILLE COMMUNITY CENTER BUILDING COMMISSION, SO AS TO CLARIFY THAT THIS COMMISSION IS A SPECIAL PURPOSE DISTRICT.

(By prior motion of Senator SALEEBY)

H. 4777 -- Rep. J. Harris: A BILL TO AMEND SECTION 2-68-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FOLK HERITAGE AWARD, SO AS TO AUTHORIZE THE AWARD'S ADVISORY COMMITTEE TO AWARD AN ADDITIONAL FOLK HERITAGE AWARD AND TO ADD TO THE CRITERIA FOR THE AWARD THE SIGNIFICANCE OF THE FOLK ARTS ADVOCATE IN SUPPORTING AUTHENTIC SOUTH CAROLINA TRADITIONAL CRAFT OR INTERPRETING IT TO A WIDER AUDIENCE.

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.

H. 4843 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO 9-1-1 LOCAL EMERGENCY TELEPHONE SERVICES SYSTEMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1461, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

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

Senator MOORE objected to further consideration of the Resolution.

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.

Senator J. VERNE SMITH asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

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

The Bill was read the third time, passed and ordered enrolled for Ratification.

H. 4603 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF NURSING, RELATING TO DEFINITIONS OF TERMS AND REQUIREMENTS FOR OFFICIAL RECOGNITION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1453, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

There was no objection.

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

The Resolution was read the third time, passed and ordered enrolled for Ratification.

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.

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

There was no objection.

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

Senator HOLLAND explained the Bill.

The Bill was read the third time, passed and ordered enrolled for Ratification.

H. 4831 -- Reps. Wilkins, Quinn, G. Brown, McElveen, Sharpe, McAbee, Townsend, Cobb-Hunter, Harvin, White, Hyatt, Hallman, Wofford, Haskins, Ross, A. Young, J. Brown, Rogers, Scott, Boan, Keyserling, Nettles, Council, Shissias, Huff, Wright, McTeer, Gentry, Wilkes, Waites and Shirley: 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.

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

There was no objection.

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

The Bill was read the third time, passed and ordered enrolled for Ratification.

H. 4843 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO 9-1-1 LOCAL EMERGENCY TELEPHONE SERVICES SYSTEMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1461, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

There was no objection.

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

The Resolution was read the third time, passed and ordered enrolled for Ratification.

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

H. 4836 -- Reps. Wilkins, M.O. Alexander, Anderson, Baker, Cato, Clyborne, Fair, Haskins, Jaskwhich, Manly, Mattos and Vaughn: A BILL TO PROVIDE FOR THE MANNER IN WHICH AND DISTRICTS FROM WHICH MEMBERS OF THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY MUST BE ELECTED BEGINNING IN 1992, AND TO PROVIDE THAT THE UNITED STATES CENSUS OF 1990 IS ADOPTED AS THE TRUE AND CORRECT ENUMERATION OF THE INHABITANTS OF THE GREENVILLE COUNTY SCHOOL DISTRICT FOR PURPOSES OF THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF THE DISTRICT.

(By prior motion of Senator BRYAN)

H. 4281 -- Rep. Snow: A BILL TO AMEND SECTION 46-13-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTRATION OF PESTICIDES AND RELATED DEVICES, SO AS TO CHANGE THE REGISTRATION RENEWAL DATE AND REVISE THE FEES; TO AMEND SECTION 46-13-60, AS AMENDED, RELATING TO THE STANDARDS FOR CERTIFICATION OF APPLICATORS OF PESTICIDES, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS WHEN THE LICENSE OF AN APPLICATOR WHOSE FINANCIAL RESPONSIBILITY LAPSES, EXPIRES, OR CEASES TO COMPLY IS SUSPENDED AND DELETE THE REFERENCE TO CANCELED LICENSES; TO AMEND SECTION 46-13-100, RELATING TO EVIDENCE OF FINANCIAL RESPONSIBILITY FOR A COMMERCIAL APPLICATOR'S LICENSE, SO AS TO PROVIDE FOR COVERAGE OF THE APPLICATION OF PESTICIDES BY THE APPLICATOR OR HIS AGENTS OR EMPLOYEES, REVISE THE AMOUNT AND EVIDENCE REQUIRED FOR FINANCIAL RESPONSIBILITY, PROVIDE REQUIREMENTS FOR A SURETY BOND OR INSURANCE POLICY, PROVIDE FOR AERIAL APPLICATORS, PROVIDE FOR SELF-INSURANCE, AND PROVIDE REQUIREMENTS FOR THE INSURANCE OR BOND COVERAGE FOR COMMERCIAL APPLICATORS; AND TO AMEND SECTION 46-13-210, RELATING TO JUDICIAL REVIEW OF ACTION BY THE DIRECTOR OF THE DIVISION OF REGULATORY AND PUBLIC SERVICE PROGRAMS, COLLEGE OF AGRICULTURAL SCIENCES, CLEMSON UNIVERSITY, SO AS TO PROVIDE FOR REVIEW ONLY OF CONTESTED CASES AND PROVIDE THAT A WARNING OR A CAUTIONARY LETTER IS NOT JUDICIALLY REVIEWABLE.

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

There was no objection.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment previously proposed and printed in the Journal of May 29, 1992.

Senator HINDS asked unanimous consent to withdraw the amendment.

There was no objection.

Senators STILWELL and HINDS proposed the following amendment (N05\8664.BD), which was adopted:

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

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

"Section 46-13-175. The director shall use discretion to waive any provisions of this chapter, as necessary, to insure the availability of pesticides for minor uses."

SECTION __. (A) A committee is created to review active pesticide usage, groundwater contamination, worker safety protection, and pesticide education programs in the State. The committee shall investigate funding of these programs relative to annual pesticide product registration fees and to other fees to insure equitable fees for each segment of the regulated industry.

(B) The committee must be appointed by the chairmen of the Senate Agriculture and Natural Resources Committee and House of Representatives Agriculture, Natural Resources and Environmental Affairs Committee upon the recommendation of the director of the Division of Regulatory and Public Service Programs of Clemson University by August 30, 1992. The committee must include a representative of regulatory and public service programs, an agricultural pesticide registrant, a nonagricultural registrant, an agricultural producer, a user of household or institutional pesticide products, or both, and a representative of the Governor's office. The committee shall elect a chairman who shall report the findings to the chairmen of the legislative committees and to the Pesticide Advisory Committee by January 15, 1993. The committee is dissolved upon that date./

Amend further, by striking Section 46-13-40(F) and inserting:

/(F) The applicant desiring to register a pesticide shall pay an annual registration fee of twenty-five dollars, not to exceed five one hundred dollars per applicant, for each restricted use pesticide product, as defined in Section 46-13-20MM, and sixty dollars for each nonrestricted use pesticide product to the director for each pesticide registered for such the applicant. All such Registrations shall expire on December August thirty-first each year./

Amend further, Section 46-13-210 by deleting the last sentence which reads:

/A warning or cautionary letter is not judicially reviewable./
Renumber sections to conform.

Amend title to conform.

Senator STILWELL 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. 4510 -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 115 IN TITLE 44, RELATING TO HEALTH, SO AS TO ENACT THE PHYSICIANS' PATIENT RECORDS ACT.

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

Senator BRYAN proposed the following amendment (BR1\2850.AC), which was adopted:

Amend the bill, as and if amended, Section 44-115-60, by deleting on page 2, line 43 /the patient,/ and inserting /a licensed attorney representing the patient, when the request is accompanied by a written authorization signed by the patient, the patient's legal guardian, or the patient's personal representative, for any reason,/.

Amend further, Section 44-115-60, page 3, line 4, by inserting before the period /or if the information is requested with reference to the payment or adjudication of personal injury claims/.

Amend further, by deleting Section 44-115-150 and inserting:

/Section 44-115-150. This chapter does not invalidate any other provision of law concerning medical records, the alteration of medical records, any interest a patient has in the information contained within the medical record, or any civil action brought in the state or federal courts alleging medical negligence; further, this chapter does not invalidate the authority of a court to issue a subpoena or of a licensing or disciplinary board of this State to obtain these records as provided by law./

Renumber sections to conform.

Amend title to conform.

Senator BRYAN 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. 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.

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

There was no objection.

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

The Bill was read the third time, passed and ordered returned to the House of Representatives.

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

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.

S. 1591 -- Senators Setzler, Shealy and Wilson: A BILL TO AMEND SECTION 7-7-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS IN LEXINGTON COUNTY, SO AS TO REVISE THE DATE OF THE OFFICIAL MAP ON WHICH THESE PRECINCTS ARE SHOWN.

(By prior motion of Senator SETZLER)

S. 802 -- Senator Stilwell: A BILL TO AMEND SECTIONS 40-59-15, 40-59-75, 40-59-77; 40-59-90, AS AMENDED; 40-59-95; 40-59-100, 40-59-110, 40-59-130, 40-59-140, AND 40-59-160, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESIDENTIAL HOME BUILDERS, SO AS TO INCREASE FROM TWO HUNDRED TO ONE THOUSAND DOLLARS THE AMOUNT OF THE UNDERTAKING WHICH SUBJECTS A CONTRACTOR TO THE PROVISIONS OF CHAPTER 59 OF TITLE 40; AND DELETE THE AUTHORITY OF THE RESIDENTIAL BUILDERS COMMISSION TO CERTIFY A RESIDENTIAL SPECIAL CONTRACTOR.

Senator J. VERNE SMITH asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.

The amendment proposed by the Committee on Labor, Commerce and Industry (AMEND\S802.1) was adopted as follows:

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

/SECTION 1. Section 40-59-15 of the 1976 Code, as added by Act 595 of 1990 and amended by Act 130 of 1991, is further amended to read:

"Section 40-59-15. A residential specialty contractor is an independent contractor who is not a licensed residential builder, who contracts with a licensed residential builder, general contractor, or individual property owner to do any construction work, repairs, improvement, or reimprovement which requires special skills and involves the use of specialized construction trades or craft, when the undertakings exceed two hundred dollars and are not regulated by the provisions of Chapter 11 of this title. A residential specialty contractor who is registered or certified in only one specialty shall not be required to be licensed as a residential builder in order to engage in an undertaking that exceeds five thousand dollars within the specialty classification for which he is registered or certified.

Residential specialty contractors is are limited to:

(a) plumbers;

(b) electricians;

(c) heating and air conditioning installers and repairers;

(d) vinyl and aluminum siding installers;

(e) insulation installers;

(f) roofers;

(g) floor covering installers;

(h) masons;

(i) dry wall installers;

(j) carpenters;

(k) wallpaperers;

(l) painters."

SECTION 2. (A) Notwithstanding the provisions of Sections 40-59-70(C) and 40-59-75(C) of the 1976 Code, the following temporary fees must be charged by and paid to the South Carolina Residential Builders Commission until the commission establishes fees by regulation, at which time this section no longer has any force or effect:

(1) Residential Builders:

(a) an application/examination fee of one hundred dollars for a residential builders license;

(b) a license fee of one hundred dollars for a residential builders license;

(c) an additional special examination fee of two hundred dollars for a residential builders license;

(d) an annual renewal fee of one hundred dollars for a residential builders license.

(2) Residential Specialty Contractors - Certified Level:

(a) an application fee of sixty dollars for a residential specialty contractors certification;

(b) a certification/examination fee of sixty dollars for certification in each specialty or classification;

(c) an additional special examination fee of one hundred twenty dollars for each residential specialty contractor specialty or classification;

(d) an annual renewal fee of sixty dollars for a residential specialty contractor certification;

(3) Residential Specialty Contractors - Registered Level:

(a) an application fee of twenty dollars for a residential specialty contractors registration;

(b) an annual renewal fee of twenty dollars for a residential specialty contractor registration;

(4) Other fees and penalties:

(a) a replacement fee of ten dollars for replacing any lost, destroyed, or mutilated license, registration, or certification;

(b) a fee of five dollars for furnishing an examinee with a certified copy of the record of his examination;

(c) a late penalty of fifty dollars for applications for renewal of a license; thirty dollars for applications for renewal of a certification; and ten dollars for applications for renewal of a registration received after July thirty-first, following expiration of the license, registration, or certification. An application for renewal received more than twelve months after expiration of the license, registration, or certification must also be accompanied by an additional renewal fee.

(B) The South Carolina Residential Builders Commission may not increase or extend through emergency regulations fees provided for in this section until after such time as its regulations have been promulgated and approved according to the Administrative Procedures Act in Chapter 23 of Title 1 of the 1976 Code of Laws.

SECTION 3. This act takes effect upon approval by the Governor./

Amend title to conform.

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

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

H. 4360 -- Reps. Wilkins, Harrison and Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-5-247 SO AS TO ESTABLISH A STATEWIDE AUTOMATED CHILD SUPPORT ENFORCEMENT SYSTEM BY PROVIDING THAT COUNTY CLERKS OF COURT PROCESS CASES ADMINISTERED UNDER TITLE IV-D OF THE SOCIAL SECURITY ACT BY USING THE STATEWIDE AUTOMATED SYSTEM DEVELOPED IN CONJUNCTION WITH THE CLERKS OF COURT AND IMPLEMENTED THROUGH THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES.

H. 3384 -- Rep. Altman: A BILL TO AMEND SECTION 56-5-4140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROSS WEIGHT OF VEHICLES, SO AS TO PROVIDE THAT CERTAIN VEHICLES MUST DISPLAY THE NAME OF THE OWNER OR OPERATOR ON THE VEHICLE.

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

There was no objection.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment previously proposed on March 10, 1992.

Senator LOURIE asked unanimous consent to carry over all amendments to third reading.

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

H. 4873 -- Reps. Gonzales, D. Williams, H. Brown, G. Bailey, Whipper, Hallman, Fulmer, R. Young, Holt, Rama, D. Martin, Barber, A. Young, J. Bailey, Wofford, J. Williams and Inabinett: A BILL TO AMEND TITLE 13, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLANNING, RESEARCH, AND DEVELOPMENT, BY ADDING CHAPTER 12 SO AS TO ESTABLISH THE TRIDENT ECONOMIC DEVELOPMENT FINANCE AUTHORITY, AND PROVIDE FOR ITS POWERS, DUTIES, METHODS OF GOVERNANCE, AND FINANCING.

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

There was no objection.

The Senate proceeded to a consideration of the Bill. The question being the second reading of 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. 3092 -- Reps. Bruce, McBride, Chamblee, Rama, Vaughn, Sturkie, Kirsh, Farr, Quinn, Marchbanks, 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.

Senator HINSON 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.

Senator CORK objected to further consideration of the Bill.

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

H. 4822 -- Reps. Townsend, Cooper, P. Harris, Tucker and Chamblee: A BILL TO AMEND ACT 269 OF 1989, RELATING TO TAX MILLAGE FOR ANDERSON COUNTY SCHOOL DISTRICTS, SO AS TO REQUIRE THE SCHOOL BOARD TO DETERMINE THE TAX MILLAGE WITHIN THIRTY DAYS AFTER THE EFFECTIVE DATE OF THE STATE ANNUAL APPROPRIATIONS ACT AND TO PROVIDE AN EXCEPTION.

On motion of Senator O'DELL, H. 4822 was ordered to receive a third reading on Wednesday, June 3, 1992.

H. 4842 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF NURSING, RELATING TO NURSING EDUCATION PROGRAMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1417, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4311 -- Reps. Clyborne, Tucker, J. Bailey, A. Young, Meacham, Vaughn, Rama, Littlejohn, Hallman, Wells, Haskins, Harwell, Waites, Townsend, Holt, Wright, Baxley, Chamblee, Sturkie, Phillips, Neilson, Fair, M.O. Alexander, Cato, Shissias, Byrd, McGinnis, Inabinett, Cole, L. Martin, Riser, Quinn, Harrison, Harrelson, H. Brown, Smith, Koon, Wilkes, Wilder, D. Williams, Stone, Rudnick, Delleney and Waldrop: A BILL TO AMEND SECTION 56-5-6240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORFEITURE, CONFISCATION, AND SALE OF CERTAIN MOTOR VEHICLES SO AS TO PERMIT THE ARRESTING OFFICER TO RELEASE THE MOTOR VEHICLE TO THE SHERIFF OR CHIEF OF POLICE OF THE JURISDICTION WHERE THE MOTOR VEHICLE WAS SEIZED INSTEAD OF THE HEAD OF THE OFFICER'S LAW ENFORCEMENT AGENCY.

On motion of Senator POPE, with unanimous consent, H. 4311 was ordered to receive a third reading on Wednesday, June 3, 1992.

H. 3990 -- Reps. Jennings, Baxley, M. Martin, L. Elliott, Burch, White, Harrison, Houck, Farr, J. Harris, Hodges, Snow, McElveen, Beasley, Neilson and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-165 SO AS TO PROVIDE THAT THE PROPERTY DAMAGE COVERAGE CONTAINED IN ANY AUTOMOBILE INSURANCE POLICY WRITTEN IN THIS STATE AND THE COLLISION COVERAGE, IF ANY, IN THE POLICY IS DEEMED TO COVER THE COST OF REPLACING OR REPAIRING THE AIR BAGS IN AUTOMOBILES INVOLVED IN A CLAIM UNDER THE POLICY, AND TO PROVIDE THAT NO INSURER BY ENDORSEMENT TO THE POLICY MAY EXCEPT OUT OR NEGATE THIS PROVISION.

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

Senator SALEEBY explained the Bill.

Senator POPE objected to further consideration of the Bill.

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. asked unanimous consent to table the Bill.

There was no objection.

H. 4215 -- Reps. Sheheen, Klapman, Boan and Kirsh: A BILL TO AMEND SECTION 11-9-820, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF ECONOMIC ADVISORS, SO AS TO REVISE THE MEMBERSHIP OF THE BOARD; TO AMEND THE 1976 CODE BY ADDING SECTION 11-9-825 SO AS TO PROVIDE FOR THE FULL-TIME STAFF OF THE BOARD BEGINNING JULY 1, 1992, AND FOR OTHER OFFICIALS WHO SHALL PROVIDE SUPPLEMENTAL ASSISTANCE TO THE FULL-TIME STAFF OF THE BOARD; TO AMEND SECTION 11-9-840, RELATING TO CERTAIN PROCEDURES OF THE BOARD INCLUDING ITS MEETING DATES, SO AS TO REVISE THE MEETING DATES; TO AMEND SECTION 11-9-880, RELATING TO THE FORECAST OF ECONOMIC CONDITIONS BY THE BOARD, SO AS TO REVISE THE MANNER IN WHICH THE BOARD MONITORS AND REVIEWS THE FLOW OF REVENUE FOR THE CURRENT FISCAL YEAR IN COMPARISON TO THE CURRENT YEAR'S FORECAST; AND TO AMEND THE 1976 CODE BY ADDING SECTION 1-11-23 SO AS TO PROVIDE THAT VACANCIES IN THE POSITION OF DIRECTOR OF THE BUDGET DIVISION OF THE STATE BUDGET AND CONTROL BOARD MUST BE FILLED BY APPOINTMENT OF THE BUDGET AND CONTROL BOARD.

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

Senators DRUMMOND, J. VERNE SMITH and SETZLER proposed the following amendment (CYY\19307.SD):

Amend the bill, as and if amended, by striking Section 11-9-820 of the 1976 Code, as contained in SECTION 1, and inserting:

/SECTION 1. Section 11-9-820 of the 1976 Code is amended to read:

"Section 11-9-820. There is created the Board of Economic Advisors as follows:

(1) One member, not a state employee, appointed by the Budget and Control Board appointed by the Governor who possesses specific working knowledge and experience in economics, revenue forecasting, and the state budget process. This person shall serve as chairman.

(2) Chairman of the State Tax Commission, who shall serve ex-officio as a nonvoting member.

(3) Director of the Research and Statistical Services Division, Budget and Control Board.

(4) (3) Chief Economist, Division of Research and Statistical Services One member appointed by the Chairman of the House Ways and Means Committee who possesses specific working knowledge and experience in economics, revenue forecasting, and the state budget process.

(4) One member appointed by the Chairman of the Senate Finance Committee who possesses specific working knowledge and experience in economics, revenue forecasting, and the state budget process.

The Chairman of the Board of Economic Advisors shall report directly to the Governor Budget and Control Board to establish policy governing economic trends. The staff of the Board of Economic Advisors are administratively assigned to the Office of the Executive Director of the State Budget and Control Board. The staff shall advise the Board of Economic Advisors but shall report administratively to the Executive Director of the Budget and Control Board. The Chief Economist of the Board of Economic Advisors shall be appointed annually by the Executive Director of the Budget and Control Board in consultation with the Chairman of the Board of Economic Advisors. The Office of the Board of Economic Advisors shall be staffed on a permanent basis within the Research and Statistical Services Division, Budget and Control Board. The office of the Executive Director, Budget and Control Board shall provide any additional administrative and logistical support that may be required for the Advisors to carry out the provisions of this section. The Executive Director of the Budget and Control Board shall assist the Governor and the Chairman of the Board of Economic Advisors in providing an effective system for compiling and maintaining current and reliable economic data."/

Amend the bill further, as and if amended, by striking Section 11-9-825 of the 1976 Code, as contained in SECTION 2 and inserting:

/SECTION 2. The 1976 Code is amended by adding:

"Section 11-9-825. The staff of the Board of Economic Advisors shall be supplemented by the following officials who each shall designate one professional from their individual staffs to assist the BEA staff on a regular basis: the Governor, the Chairman of the House Ways and Means Committee, the Chairman of the Senate Finance Committee, the State Tax Commission Chairman, and the Director of the Budget Division of the Budget and Control Board. The BEA staff shall meet monthly with these designees in order to solicit their input."/

Amend title to conform.

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

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.

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

On motion of Senator LEVENTIS, with unanimous consent, the result of the vote on the confirmation of Senator MARTSCHINK to the Workers' Compensation Commission was ordered to be published, to-wit:

On motion of Senator REESE, the seal of secrecy was revoked, so far as the same relates to appointments made by the Governor and confirmed by the Senate, and the same were ordered published in the Journal, to wit:

Appointment, Member, Mental Health Commission, with term to expire March 21, 1997:

Mrs. Louise R. Hassenplug, 1618 Seldon Place, Rock Hill, South Carolina 29730

Appointment, Member, Children's Trust Fund of South Carolina, with term to expire June 30, 1996:

Mr. Thomas Alexander Givens, Post Office Box 10470, Rock Hill, South Carolina 29731

Appointment, Member, South Carolina Public Service Authority, with term to expire May 19, 1998:

The Honorable B.L. Hendricks, Jr., Post Office Box 612, Easley, South Carolina 29641 VICE Walter T. Cox

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

Mr. Larry M. Hutchins, 767 California Avenue, Spartanburg, South Carolina 29303

Ms. Georgia V. Anderson, 204 S. Fairview Avenue, Spartanburg, South Carolina 29302

Mr. W. Andrew Hughes, 135 Wayland Street, Spartanburg, South Carolina 29303

Mr. Edward C. Overcash, Jr., P.O. Box 1702, Spartanburg, South Carolina 29304

Mr. James B. Paslay, 803 Lucerne Drive, Spartanburg, South Carolina 29302

Mr. H. Mauldin Pearson, 651 Hillbrook Circle, Pacolet, South Carolina 29372

Mr. Eber Charles Gowan, Jr., P.O. Box 37, Reidville, South Carolina 29375

Appointment:

Mr. James Freeman Ashmore, 302 Five Oaks Drive, Landrum, South Carolina 29356 VICE Leonard Smith

Initial Appointments:

Ms. Karen L. Kanes, 1451 East Main Street, Spartanburg, South Carolina 29302

Mr. Kenneth H. Dover, P.O. Box 642, Inman, South Carolina 29349

Mr. Samuel Franklin Adams, P.O. Box 16243, Boiling Springs, South Carolina 29316

Mr. Warren H. Sullivan, Jr., #7 Brookdale Acres Drive, Lyman, South Carolina 29365

Ms. Vicki Rae Morgan Smith, 10-74 Cross Ancor Road, Woodruff, South Carolina 29388

Initial Appointment, Charleston County Magistrate with term to expire April 30, 1995:

Mr. James A. Turner, 1635 Larry Street, North Charleston, South Carolina 29406

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

Mr. Walter Gerald Griffin, Jr., P.O. Box 74, Allendale, South Carolina 29810 VICE James Phillip Dedmon (resigned)

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

Act 678 of 1988:

Mr. Metz Looper, 5 Saluda Lake Circle, Greenville, South Carolina 29611

Reappointment, Member, Charleston County Voter Registration Board, with term to expire March 15, 1994:

Ms. Louise M. Hill, Room 125-Old Citadel, 15 Hutson Street, Charleston, South Carolina 29403

Initial Appointment, Spartanburg County Magistrate, with term to expire April 30, 1995:

Mr. Joseph T. Petty, P.O. Box 128, Landrum, South Carolina 29356

At 11:50 P.M., on motion of Senator HOLLAND, 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.