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, in the Book of Genesis we read what is called the Mizpah Benediction (Gen. 31:49):

"...he said, `THE LORD WATCH BETWEEN ME AND THEE,

WHEN WE ARE ABSENT ONE FROM ANOTHER.'"
Let us pray.

Lord of our lives, as this session of our General Assembly moves into the shadows of history, and the record of our stewardship is inscribed in the pages of the Journal, we pray that the fruits of our labors may be garnered in the good life of our people.

Some of Your servants here will be leaving for other fields of service... grant them blessed memories, an strength for new tasks.

Some of Your servants will return next year... equip them, O Lord, in body... mind... and Spirit for new challenges.

Receive now, my friends, and ancient benediction:

"May the defense of the Most High

Be above and beneath you... around and within

you, in your going out and in your coming in,

In your rising up and your going down, all your

days and all your nights,

Until the dawn when the Son of Righteousness shall

arise with healing in His wings

For the people of the world."

Amen.

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

May 28, 1992
Mr. President and Members of the Senate:

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

Respectfully,
Carroll A. Campbell, Jr.

Reappointments, Members, Hampton County Board of Voter Registration, with terms to expire March 15, 1994:

Ms. Debra Y. Beckett, Route 1, Box 93, Estill, South Carolina 29918

Ms. Queenie D. Murdaugh, 403 Shaw Drive, Hampton, South Carolina 29924

Mr. Earl Gethers, Post Office Box 236, Hampton, South Carolina 29924

May 29, 1992
Mr. President and Members of the Senate:

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

Respectfully,
Carroll A. Campbell, Jr.

Reappointments, Members, Jasper County Voter Registration Board, with terms to expire March 15, 1994:

Ms. Mabel Janet Jenkins, Route 1, Box 59, Garnett, South Carolina 29922

Ms. Hattie Mae Bennett, Route 1, Box 187, Hardeeville, South Carolina 29927

Ms. Louise M. Baker, Post Office Box 1273, Ridgeland, South Carolina 29936

Reverend Richard Williams, Post Office Box 81, Hardeeville, South Carolina 29927

Ms. Hazel C. Smith, Route 1, Box 128, Early Branch, South Carolina 29916-9614

June 4, 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, Member, Allendale County Board of Voter Registration, with term to expire March 15, 1994:

Ms. Wanda G. Young, 917 Bay Street, Allendale, South Carolina 29810 VICE Hattie Miller

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

Mr. Thomas L. Hartley, Route 3, Box 133, Latta, South Carolina 29565

TO: Frank Caggiano, Clerk of the Senate
FROM: Senator Frank Gilbert
DATE: June 3, 1992
RE: Senate Certificate

Please prepare a Senate Certificate, Sample "A", as follows:

his consistent exemplary service to his country and State while working as a conservation officer and now as a Summary Court Judge. Further commending him for enhancing his education and training beyond graduating from the S.C. Criminal Justice Academy by attending the National Judicial College, Reno, NV. Commending him for his monthly special training for upgrading the court system and having emerged as a judge who is bringing respect and honor to himself, the courts, Horry County and our State.

Thank you for your assistance.

TO: Frank Caggiano, Clerk of the Senate
FROM: Senator Frank Gilbert
DATE: June 3, 1992
RE: Senate Certificate

Please prepare a Senate Certificate, Sample "A", as follows:

her exemplary interest and work as a teacher of special students at Mullins High School and for this work she was named Teacher of the Year at Mullins High and competed across the school district with other teachers. She, through her work, has brought honor and respect to herself, her school, her county and to the state of South Carolina, This is hereby recorded in the June 4, 1992, Senate Journal as a permanent record.

Thank you for your assistance.

On motion of Senator WILLIAMS, with unanimous consent, the Senate agreed to go into Executive Session at 3:00 P.M.

Senator WILSON rose to a Point of Privilege.

Senator SETZLER rose to a Point of Privilege.

Senator SHEALY rose to a Point of Personal Privilege.

I appreciate the remarks of Senator WILSON. Enjoyed serving with him very much. Appreciate the remarks of Senator SETZLER. You know, you have a kind of mutual admiration society, I guess, in here, the fellows you serve with, most of them. And, I think we kind of have that.

I have enjoyed serving with the members of the Lexington County Delegation. We worked together very harmoniously. We worked for Lexington County and we didn't work for the Republican Party or the Democratic Party. When we had a job to do, we have gone together to do that job.

Gosh, I have so many things I'd like to say. But, then, I'd get tarred and feathered and you'd run me out. I know when my daughter was elected here, I was so proud to serve with her. You know, I think that's the only time in the history of the United States that we could find that we've had that combination serving in a State Senate together. And, I was proud of her for at least two weeks until she voted wrong. And, she has voted wrong several times since then.

What I could say is, and, I guess one of the reasons, I will accept being hardheaded, I think that's what you were saying about me just now when you said you do this. I think that was just, as Senator LEVENTIS said, `What he's saying is that you're hardheaded.' And, I think that probably is right.

But, I have learned from Senator WILLIAMS, from all you people who were here before me and a lot of you who came after me, I have been able to learn. In fact, the more I learned, the more I find out I didn't know. Certainly, the last two years has brought some things to mind that I didn't know were happening when I used to run and tell people, `Send me back. I know what's going on over there.' I'd never do that again if I were running. Because I didn't know what was going on over here. And, I'm sure that most of you didn't know some of the things that were going on over here, too.

Well, let me bore you a little bit, `cause I've got a purpose in my boring you because I'm so proud to be here, proud to be here. Proud to be born in the United States and in South Carolina. The opportunity that we've had. I grew up as a very poor boy. My mother, let's see, had about six months education and my dad died when I was in first grade. And, you know, I didn't even know we had a State House as I was coming along. In fact, I went in Uncle Sam's Navy, worked in a Navy yard for six months and then volunteered for the Navy and while I was in there, my ship was sunk and I was shot in the neck. Came back here and was going to Carolina, thank goodness to the G.I. Bill. I never dreamed of going to college. The only people that I knew that had gone to college, I thought were so smart that they were teachers or preachers and those were the only ones I knew. And so, I had quit school in the tenth grade -- I'm a dropout -- and took a GED test and got my high school certificate and a high school diploma from that test. I went back to review when I came out, because all I knew about these college people were smart people, and the first year, I mean, as I went to review, they put me in this tenth grade math class. Said that was the best place to review. And, can you guess what happened? Math was always my weakest subject. And, this girl that had been to Columbia College and she had been offered a job teaching at the University, she'd done so well over there at Columbia College. But, she'd already signed a contract at Batesburg-Leesville, thank goodness. I was in her math class. And, I hated to fail, having been out, been in the Navy four and a half years. I was so desperate, I said I'd do anything to pass, so, we got married. Might have been easier to study. Yes, and I passed math.

Anyhow, you know on the G.I. Bill, thank goodness, it wasn't all wasted, I don't think. I got to go over here to the University. Still didn't know anything about the State. Just trying to see if I could get an education; maybe teach school, if I got lucky. And, I was coming back through here one day to thumb a ride over to Batesburg, you know, to get back home, didn't stay on the campus, and I saw this big crowd out here in front of the State House and, I thought, this was back in the fifties, now, early fifties, 'bout, well, I guess even forty-nine. Anyhow, I went around to the front. I said, `My gosh, let me see who they're hanging.' And, I got out there and I couldn't see anything going on and I came up in the State House -- first time I'd ever been in it -- and looked out a window and Jimmy Byrnes was being sworn-in. That's what they were doing; they weren't hanging anybody. I was disappointed, but I went on home.

Let me tell you why I want to tell you all these things. I think this is a great place to be, a great place to be. Along came our first child -- don't know if we planned that, did we? Anyhow, she couldn't teach and I was carrying the Columbia Record paper in the afternoon. Had about 250 customers trying to pay my bills. And, on October 26, believe it was, I had a daughter born and she serves with you now. And, I didn't have $75 to pay the hospital bill. So, I went out to my customers that paid me by the month and I told them my story and I collected enough in advance to go pay the hospital bill so we could come home, bring them home.

Now, my wife's sitting back here. I want to tell you. At that time we were so rich that I'd get through with the paper route about 9:00 and they'd come by selling the paper for a nickel in the hospital. And she wanted to read the paper, but she wouldn't buy the nickel paper. She'd wait 'til I finished the route and bring it in, bring the paper I'd have left in there if I had any. And, we tore down an old house over at Batesburg, and built a little house on an acre that I paid $10 down on out here, between here and Lexington. And, that's where we lived.

She put up with a lot of things. But, we've been so fortunate, though. Had five children -- all have been in good health, all have been honor students. I was hoping that more of them would be down here today, but one of them is in New York fixing computers, went up there two days ago, and the other one's over at some law firm or something working. So, they aren't here. But, where else, where else in the world could you come from such a start and have the opportunity? And, that's why I'm so proud and that's why I fight for individual liberties, so we'll keep that opportunity for my children and your children and other children that come in the years to come that they, too, will have an opportunity. And, not be relegated by some kept society that keeps you on a certain level and that's all you can ever reach. I'm glad that it wasn't that way for us. And, I appreciate it.

I appreciate very much every friendship that's been extended to me in the years since 1954 when I was elected. And, I do appreciate the voters of Lexington County for sending me back so many times and Aiken County in the case of the Senate when we represented five counties then -- Bamberg, Barnwell, Aiken, Edgefield, Lexington. And, I appreciate everybody whose ever done anything for me -- the Desk, my fellow Senators, greatest secretary anybody could ever have -- sitting right over here -- Phyllis. God, the people in my county get good service and some of them think I do it. But, she has taken care of all our problems. She will really work on them. She's loyal, devoted and does a good job. But, I'm thankful to everybody and thankful that I was able to be here.

You know, I think I might have told you one time. I almost didn't make it. In addition to having my ship sunk and being shot in the neck during the War, my heart stopped six times; I got my second pacemaker. I went in there when I had a stroke and they checked my pacemaker and it wasn't working. So, they called the man from the factory and he couldn't get it working, so they just give you another one. They gave me another one, so. I had two cancer operations. What else? I can't think of all the things. But, when I speak to somebody and I say, `I'm so proud to be here.' I'm really not kidding. I'm proud to be here.

Right before I sit down, I wish everybody could serve in the Legislature. Just for a short term. I wish everybody could know the problems that you have to deal with. It's a serious job and we talk about it's not any fun anymore. Well, it's not as much fun as it used to be for me, but, maybe that's because I'm getting old. I tell you, but, I'll tell you one thing that I have learned in life and I want to leave this with you. I haven't ever told my family this. When I was in the Navy, I wasn't bald-headed and stooped then. And, I was fighting for the ship championship in the boxing ring. And, there was a gunner's mate was my opponent and in the first round, he tried to get out of the ring. Oh, he tried to get his body out of the ring, part of it. And, I made a mistake. It's one I'll never forget. I had a little contempt. And, as he was trying to get out of the ring, I gave him a little knee in the side -- not a hard one, just a kind of contemptuous push. And, I forfeited the bout. And, I didn't get the championship. But, I tell you one thing. I had 33 fights for pay after that. And, I never fouled anybody. And, I have never, I hope I have never, fouled anybody over here. I have, I believe that I have always been considerate and not to hit somebody when they're down. I just, that's just foreign to me. It's caused me to get called a couple of names of being soft on this or being soft on that. But, I don't like to hit people when they're down.

And, I was talking to my wife who's worked forty years helping people. And, she has made the statement that I'm glad that all my forty years has been helping people do better to motivate them and tell them what a good job they're doing and make them feel better instead of climbing on their back and pushing them down. I'm glad that's been my work.

And, I think that's made her very successful. She's spoken on two occasions we've been to Australia; she spoke in Sydney and then in Perth last year. She's spoken from Puerto Rico to all over the United States with motivational talks. And, I don't want to sit down without saying some things about her. You couldn't have a better wife. I'm not interested in the time, now. We've got 'til 5:00. She's given me that watch over there. But, she has worked weekends all night long, on many occasions, all week, all night long, raised five children, then Mother of the Year in 1988 in spite of doing all that and having a husband she had to push out the door sometime, too. And, you know, we're lucky when we have women like that. And, I had two cartoons in the paper that picture me as one of these male chauvinist people. Well, I'll accept that, I guess. But, I believe if she were talking, she would tell you it's not true. Because we couldn't have had a better relationship. I couldn't have been any luckier in life. And, the good women that we have, the good ladies, I say `ladies', some people like `women', but, she's a lady. And, they deserve a lot. They deserve a lot. They're so much better than most of us men. And, we need an ideal to strive toward. I've been lucky to have one.

And, let's see. I have my granddaughter over there, too. Let me ask you, Tiffany, Sherry's daughter, would you stand, and Elsie, would you please stand, so these people know who I'm talking about? Can't you see it on her face? I mean, I've heard her read the poem, something, I've forgotten how it goes, but you don't have to tell what you are, people can see it on your face. And, that's the way I felt when I went to that tenth grade math class and that's the way I still feel.

I hope y'all will let me come back and visit with you sometime after I'm gone. Because when you have these public hearings, I don't care which side you're on, I want to be against you.

Thank you.

(Ordered printed in the Journal)

Senator WILLIAMS rose to a Point of Personal Privilege.

Senator McCONNELL rose to a Point of Privilege.

Senator HINDS rose to a Point of Personal Privilege.

There used to be a sign in a doughnut shop somewhere that said, `As you travel on through life, brother, whatever be your goal; Keep your eye upon the doughnut, and not upon the hole.'

Perhaps it really is inappropriate for someone who's only been here four years to get up and say a whole lot. So, perhaps I'll leave that with you.

But, let me say, notwithstanding the short period of time that I've been here, I have a reasonably long relationship with the Senate in that in the early sixties I practiced with CLAYMON GRIMES. And, CLAYMON was up here for almost two terms at a time when Senator WILLIAMS wasn't the senior Senator and at a time when JIM WADDELL was fairly junior. In the early sixties when, in fact, as sometimes happens, the Fifteenth Judicial Circuit was created, including Georgetown and Horry Counties, and it was done with the coalition of the Delegation of Georgetown so that Judge Morrison got the Judgeship and CLAYMON got the Senator's job. So, I have always followed with interest and, frankly, have known many of the older Senators very casually. And, when I got here and I told JOHN LAND, the first time I spoke in the Senate, and I basically make my living speaking, I was as nervous as a cat. I haven't been nervous again until I got ready to speak in the Senate today. And, I am that, again.

I was a little disappointed when I came to the Senate because I had fixed in my mind the way the Senate was in the early sixties, back in the old days, back when the `Good Ole Boys' ran everything. And, as I have spent my four years up here, though, I have become reconciled with the way the Senate is today. And, I think it's an improvement. It's a much more open body. As Senator GILBERT pointed out yesterday, it has a much more diverse membership. Frankly, I was from a district which was a reasonably safe district and so I had the privilege of being able to vote on matters like I believed -- the consequences to me at home were not so great as they would be to other people. And, I kind of resented that being a part of the process to start with. But, I've come to terms with that and as I leave the Senate now, I think the process is better. I think we've grown. I think we have evolved into a group who can better represent the State of South Carolina and can better express the views and be more responsive to the views of the people of the State of South Carolina. And, I go away though with the feeling that notwithstanding the divisions and the diversions and everything else, that we're all South Carolinians and as long as we have the leadership that South Carolinians provide, we're going to continue to improve, continue to get better, and I wish you all Godspeed.

Thank you.

(Ordered printed in the Journal)

Senator BRYAN rose to a Point of Privilege.

Senator POPE rose to a Point of Personal Privilege.

I tell you, I thought I was going to be able to just slide on out. But, everybody keeps harassing me to make some parting remarks, that I will take this opportunity to say a few things.

I've probably made hundreds of speeches in my life. I don't know why I'm nervous today. I've been up here and raised the roof on many occasions and I speak to civic groups, it seems on a daily, if not an hourly basis. I try cases before juries, been doing that for eighteen years. But, for some reason I'm a little nervous. I think it's because I do have a special feeling for y'all. I see friendly faces. I see faces of people that I genuinely call my friends. But, I don't approach this occasion with real sadness because the Senate, in my opinion, is in real good hands for the future. As I look at these individual faces, I'm not going to call names, but, there hasn't been a one of y'all that I haven't fallen out with on an issue in this body. And, there hasn't been a one of y'all that I haven't allied with on an issue in this body. We have fought together and we've agreed together. We've formed our little alliances and five minutes later, we're on another Bill and we're fighting each other.

That is the beauty of legislative service. I think you broaden your horizons, you broaden your mind, you broaden your outlook and you do push together for a common good. And, we certainly disagree, and we have a right to.

My family has been in public service over the generations. My father served fifty years ago in the House of Representatives. He was Speaker of the House. He beat Sol Blatt to achieve the Speakership for two years. And then he ran for Governor against this old buzzard over here in the corner. A lot of people call that man, Senator Byrnes, Governor Byrnes, Mr. Justice Byrnes, but around our household, he was known as Sweet Old Byrnes and we used the abbreviation. Because when my father ran for Governor, he went to that man, or his minions, and he said, `I'm going to run for Governor. Are you going to run?' He said, `I'm not going to run if you run.' And he said, `No, I'm not running. Go ahead.' And then, right after he announced, this old buzzard announced, and, of course, he trounced my father. He was too stubborn to get out of that race and he got clobbered. But, I guess that stubbornness is hereditary, as most of you would attest to the fact that I have been stubborn on occasions. And, for that, I apologize, I guess, but I just can't help it. I'm just that way.

My grandfather was Assistant Clerk of the Senate. He had the same job that Hogan Brown has. His name was Alva Lumpkin. He's been dead for fifty-something years. He went on to be United States District Judge and United States Senator for ten days. I think he was in the U. S. Senate a shorter period of time than anybody in the state's history. He died. He had a massive heart attack after ten days and died at an early age.

My great-great grandfather was Chief Justice of the Supreme Court. That was my paternal grandmother's father, Eugene Gary, and he served on that court with another great-great uncle of mine, young John Pope. They were both on the Supreme Court at the same time. And young John Pope was a Civil War hero. He was wounded seven times. He lost an eye. He was wounded in both arms, a hip, and both legs in the Civil War. He was obviously a pretty stubborn old codger himself.

My wife's grandfather served in this body. He was James Hammond, the Senator from Richland County, back in the days when there was one Senator per county or one county per Senator, or whatever it was back then.

So, I do come from a background of public service. I have enjoyed my eight years. I particularly enjoyed the committee work. I believe, and continue to believe, that this body is driven by good will and it's driven by workhorses, people who are willing to do the work in the committees, who are willing to do the necessary legwork and detail work and deliberative work. Because this is a deliberative body. I don't care how much in a hurry we are, all of us, on occasion, have been in a hurry. We've got this Bill that's got to get through here. We're in a big rush. It's got to be now, it can't be later. But, we have to remember, and this issue with the restructuring is a good one. I was very much in favor of that. I thought it was necessary, but, you know, that's the breaks of the game and there's a general good will in this body that acknowledges that. Nobody's mad at anybody. We wanted to pass it. We couldn't pass it. We may yet have a chance. I don't know if the Governor's going to call us back or not, but, I think that issue typifies the good will of the people that serve in this body.

And, as the Senator from Laurens said, `There are some unusual folks in here.' Everybody brings a special outlook, a special talent. And, I had the pleasure the first four years I was here to share an office with the Senator from Lexington, Senator SHEALY. And, that was a true pleasure. I had the pleasure of eating his wife's cooking and knowing her at least a little bit and she is a wonderful lady and we're proud to have her with us today.

There is a drawback to public service as well, of course. And, one of the reasons that I am not running for re-election is that I've got a daughter, for instance, that's playing recreational league softball this year. She's had 11 games and I haven't been to a single one of them because they play on Tuesday, Wednesday, and Thursday. So, there is a sacrifice. And that sacrifice is frequently overlooked. The media doesn't appreciate it. The constituents don't appreciate it sometimes. And, I'm not bitter about that. I'm just stating something that we all know and maybe it ought to be said aloud, that politicians probably get too much credit when things are going good and too much blame when things don't go so well. And, that is certainly a drawback to public service.

I think in today's climate the single interest groups have also marred public service. I think there are some people out there that, you take the abortion issue -- I'm not picking on issues -- but, I'm just saying the abortion issue is a typical example. The people that are on one side of it, they don't care anything about issues except their little issue. The people on the other side feel the same way. I've often wished there was someway I could vote against both sides. That single interest politics, I think, is going to be the ruination of this state and this country -- the people that only care about one little issue and that's all.

I don't have anything else specific to say. I guess I've had my say about that Sweet Old Byrnes in the corner there and I wish I had time to go through the body and comment specifically about each one of you because I can assure you that even the ones that are new here, I do have a special feeling for you. Even though I have disagreed and probably been stubborn as the devil on some occasions with many of you, if not all of you, I feel just as good about the ones I've disagreed with frequently as the ones that I agreed with because I know you were doing what you thought was right.

I'd like to say I'm going to miss you and I'll be like the Senator from Lexington. If you have some public hearings you want me to come down and be contrary on, I'll be glad to show up.

Thank you.

(Ordered printed in the Journal)

Senator HELMLY rose to a Point of Personal Privilege.

Mr. PRESIDENT, Ladies and Gentlemen of the Senate, I was just trying to decide whether I was going to get up and make just a few remarks before I leave this body and I decided I wasn't going to do it, but the two speakers in front of me have been so happy and sent forth with excitement, that I decided I'd go ahead and try it.

I wanted Senator VERNE SMITH, particularly, to be in this Chamber because VERNE was the Senator that I always counted on to support me in the projects that I put first in my legislative career. It wasn't my intention to get involved in health care issues when I came up here. I was a former mayor. Went over to the old Speaker and he said, `What committee do you want to go on?' `Well, I think I'd like to go on the 3M Committee since I was a mayor.' He said, `Well, that's good. I'm glad you want to go on that because that's the one you're going on anyway.' The first thing I did in the committee was vote against B. L. Hendricks as Chairman, who has come to be one of the best friends I've ever had in my life. But, he won anyway. That's been the history of my votes in most cases. B. L. turned my life around. I had never had any interest in doing anything in the health care arena, or being interested in how health care was delivered, or if it was delivered at all, since I'd never been sick -- this year's the first time I've ever been sick -- so, I really had no interest. But, he put me on as Chairman of the Subcommittee on Health Care as punishment. I can honestly say that that committee turned my life around.

And, I want to say to Senator VERNE SMITH and Senator LEATHERMAN and those of you who are in the health care arena, that we're as far from the goal of bringing affordable health care to the people who need it most as we were when I came here. And, I challenge you to keep fighting, because that's an issue that's worse today than it was then.

One or two other little things have kind of saddened me in the last year. One of them is to read, to pick up The State newspaper on Sunday morning and see the dome of our capitol crumbling. I tore that section off every Sunday morning early. My wife didn't know what in the world was happening to the Sunday paper, but, I'd tear that up and throw it away. I have no problem with trying to make this a greater state. That's what everybody should be doing. And, I have no real problem with SOS, Save Our State, but I don't believe for one minute that this state is lost. And, I think that we need to be trying to say things and do things that build up our state.

My closing remark will be that when I received this twenty year pin last week, I said I would wear it with pride. And, I'll say to you just like they say in the papers when they advertise American goods and tell you how to wear them. If somebody labels you as a member of the South Carolina General Assembly, wear it with pride.

Thank you.

(Ordered printed in the Journal)

Senator J. VERNE SMITH rose to a Point of Privilege.

Senator MITCHELL rose to a Point of Personal Privilege.

Senator McCONNELL rose to a Point of Privilege.

Senator FIELDING rose to a Point of Personal Privilege.

Mr. PRESIDENT, ladies and gentlemen, I just want to say I appreciate the Concurrent Resolution very much and I couldn't have done a better job myself, GLENN (McCONNELL).

I rise, as other distinguished colleagues have risen today, on a Point of Personal Privilege. And I hope I can get through it. Unlike some of my colleagues, I'm not really nervous, but, somewhat emotional. And, unlike the gentleman from Greenville, Senator MITCHELL, and the gentleman from Manning, my good friend, Senator LAND, I don't have that great eloquence. But, I did put down a few things with some help and I'd like to try to get through them as best I can. I hope I can do a little better than ISADORE (LOURIE) did yesterday. And, like a good Boy Scout, I came prepared. I've got some napkins in each one of my pockets.

It is for me a time of looking back with tears in my eyes, borne of fond memories; and also a time of looking ahead, with hope in my heart, that's fueled by the prospect of new challenges that are facing me. The time has come, -- I don't guess I can do better than ISADORE -- for me to rise from my desk for the last time.

I came to this State House as a member of the House of Representatives in the Class of 1970. As many of you know, that was a time in South Carolina of tremendous upheaval and a time of change. There were three of us who pioneered -- Jim Felder, I. S. Leevy Johnson and myself. We were the first of our race to come to the General Assembly since Reconstruction. We had goals and we had dreams. And we also brought with us the hopes of a group of people in South Carolina who had too long been excluded from the decisions that controlled their lives from the cradle to the grave. We had no idea how we would be received in the General Assembly, and, frankly, we were afraid. But, as it turned out, our concerns were unfounded.

We found friends. We found men and women of honor who learned from us, as we learned from them, the art of disagreeing --as GLENN (McCONNELL) said -- without being disagreeable. We learned that we had much to unite us. And we had much more to unite us than we had to divide us. And we also learned how to differ in our philosophies and not be fatal.

As for me personally, I found many mentors and friends who have endured through the years -- twenty-two years to be exact. And I will carry their influences with me for the rest of my life. My desire to offer myself in the service of the public began many years ago. I was born in a little room upstairs at 61 Logan Street in Charleston in my family's funeral home. And I learned from my parents (at an early age) that those of us who had the Grace of God to be fortunate and to have the comfort and the nurture of a strong family unit, also had a duty to share their God-given talents with those who were not as fortunate. My family sent us out -- my brothers and my sister -- (into the streets of Charleston) with the admonition of the writer of the Gospel according to St. Luke and this is the admonition: `To whom much is given, much is required.' And, I learned the rewards of service, and the pleasures of giving, and, also, the satisfaction of a job well done.

In 1984, the people of Charleston County and my community saw fit to honor me by sending me here to this body and to represent them in this historic Chamber. Upon entering here, I was reunited with many good and treasured friends with whom I had worked side-by-side in the House. I quote a few -- ISADORE LOURIE, NICK THEODORE, JOHN MATTHEWS, SHERRY MARTSCHINK, Clyde Dangerfield, THEO MITCHELL, "RED" HINSON, BOB HELMLEY and others. Some of them have gone on to their own places in the history of our great state. And, some have gone on to other great opportunities and challenges, and some of them will remain here after I'm gone to continue their contributions to the progress of South Carolina and our people.

As for me, I have seen many historical changes in South Carolina in my lifetime. Not all of them have been easy; but, I have seen that we have been able to struggle toward a better and a fairer South Carolina together. And, no place embodies the grace with which we have endured each other's different perspectives better than this honorable institution -- and, I speak of the South Carolina Senate. It has been our history to be tolerant of divergent views; to appreciate the worth of every person's opinion and positions; to place compromise above confrontation and interposition; to seek redemption rather than destruction; reason before ridicule; and to value honor above deceit.

I must tell you as I leave, I fear for many of these time-honored principles that have served us for so long in South Carolina. The air is heavy with intolerance in this very day. The philosophy of `win at any cost,' `the end justifies the means,' and `every person's dignity is expendable,' seems to be replacing the art of negotiating our differences in a spirit of trust, mutual respect, and forbearance.

For those of you who will remain here after I leave, I cannot stress enough the value of an atmosphere where every person feels free to share his or her opinions and ideas without fear; to pursue and defend them within the rules and traditions of our legislative process without trepidation, and to debate them without the intimidating prospect that his or her every phrase is being scrutinized for petty political exploitation. For indeed, as John Ruskin penned many years ago in his dissertation on criticism: `The question is not what a man can scorn, or disparage, or find fault with, but what he can love, and value, and appreciate.'

Even though this is very likely the last day I will share this wonderful opportunity to serve with you and other people in this Chamber, it is not my intent that my public service should end here. God willing, and the people of the newly-created Sixth Congressional District, I will move on to use the considerable experiences I have gained here in this General Assembly, in the Congress of the United States.

But whether I reach that plateau or not, I am grateful for the experiences afforded me by those who have placed their trust in me for so many years. I leave with a great sense of accomplishment, but I also leave with a great sense of humility. And, I'd like to quote from Eleanor Roosevelt. She said, `All human beings have failings, all human beings have needs and temptations and stresses. Men and women who work together through long years get to know one another's failings; but, they also come to know what is worthy of respect and admiration in those they work with and in themselves. If at the end one can say `this man used to the limit the powers that God granted him; he was worthy of love and respect and of the sacrifices of many people, made in order that he might achieve what he deemed to be his task, then that life has been lived well and there are no regrets.'

My colleagues and my friends, I leave with no regrets. But, only with the hope that you will resist all attempts to destroy the dignity that has always characterized the deliberations of this august body, and the tolerance for each other we have always shared. Those who will come after you deserve a legacy just like that; no less than the people of South Carolina deserve your best efforts to continue to improve the quality of their lives.

And, finally, I leave you with my still unrealized hopes, still unfulfilled dreams ... and with my prayers.

(Ordered printed in the Journal)

Senator PASSAILAIGUE rose to a Point of Privilege.

Senator WASHINGTON rose to a Point of Privilege.

Senator MARTIN rose to a Point of Personal Privilege.

Mr. PRESIDENT, Ladies and Gentlemen.

I do not have a prepared text. I find out dinosaurs don't have tear ducts, so, I'm not going to cry. I certainly have often wondered how this feeling would be to stand here and say goodbye to something I've spent so many hours of my life in. I've had people say to me, `Please run again, John.' I said, `Well, I'm tired.' They said, `Well, just work half-time.' I said, `Hell, I've been working half-time these last twenty years.' That's the way Walter Brown was. My friend who worked for the railroad and he told them he wanted to retire and they said, `Well, don't quit, Walter. Just work half-time.' He said, `Fifteen years I worked half-time.' They said, `Well, just work a fourth of the time. You can get more done in a fourth of the time than these new people can do in full-time.'

I could tell you many stories of some of our former colleagues. Many of them have gone to the Great Beyond, to the Chamber in the Sky, where they recognize seniority and the rules and courtesy. But, I've had great pleasure from being a Georgia boy born in Southern Georgia and being evicted by the boll weevil and the Depression and had the pleasure of getting to where I've been in life.

I have no regrets in leaving, because when you lose, you don't get up here to make a speech to tell everybody goodbye because you can't get back in here to make a speech. But, I have one regret that I can do nothing about and, that is, the little county I'm from will probably never have another Senator unless the Supreme Court reverses itself on one man-one vote and lets us get back to the little federal system where we'll have one Senator from each county, or unless "RED" HINSON votes again for cloture after one hour's speech, I may run against him and come back.

That I can easily say is the most disappointed I've ever been. Nobody worked more than I did as Chairman of the Rules Committee to lower the number of votes to have cloture. It was 31. The Republicans fought us like Hell. We finally had to do it, before we adopted Rules, so we could do it by just simple majority. But, I kept telling these people that no self-respecting Senator will vote to cut off a Senator with a meaningful debate unless it had been fully debated. And, I had to eat those words the other night. But, I heard my friend make that motion after a meaningful question was debated one hour. With forty amendments on the desk. And, it broke my heart, but, I'm not going to cry over it, because I'm leaving here at 2:00 for Hilton Head to try and lower my handicap.

But, I'm not going to forget it either. Because I want you to remember it. And, I hope it won't happen again because we can all learn. I know we're zealous. I read in the paper and I saw the Governor on the tube this morning and last night where he twisted hands and coerced people about voting his way. Said, `We had more than a majority.' If he had more of a majority and they had the guts to vote for a cabinet straight up, why in the Hell did they vote for it on a Bill, not a Constitutional amendment? You could have passed a Bill with a simple majority! And, then, go on back home and faced the people and said, `I assume responsibility for it.' No, you want to vote for a Constitutional amendment. Throw the ball to them and let them throw it back to you and say, `Well, I voted for it 'cause you voted for it.' They say, `Well, I didn't know what I was voting for because the House didn't have any public hearings on it, the Senate didn't debate it but two hours, the news media wouldn't print anything about it, how in the world was I to know anything about it?' But, if these people who vote to shut us up and vote, why don't they introduce a simple Bill, without a Constitutional amendment, an Act creating a cabinet form of government with fifteen people? And go home to your people and say, `That's what I did 'cause I think that's the best thing for you. I did that for you. I didn't have to hide behind your vote.' We had 75% for it. But, we can't get 50% that's got the guts to pass it as an Act and go home and tell your people you were for it. And pass it as an Act of this General Assembly. That's all it takes.

I had to study and nowhere in that study said a Constitutional amendment was required. There's no lawyer who will tell you that a Constitutional amendment's required. One of the people that appeared before my subcommittee, and there weren't any hearings on it in the House 'cause the Chairman of the Judiciary Committee is a pre-announced gubernatorial candidate and a co-chairman of the thing, who didn't even have a public hearing on that Bill! One of the men was a professor and he appeared for the cabinet form. Two days later he wrote an article in the form of sort of a Letter to the Editor and he said, `I'm for it, but it may not work. If it doesn't, then we can repeal it.' Yea, you can repeal it. You can imagine repealing a Constitutional amendment when it doesn't take but 15 Senators to kill a repeal, to submit a Constitutional question. And a sitting Governor wanting to keep what he's got.

The same man who appeared said we could repeal it if we don't like it. You can repeal an Act if you don't like it by passing it by majority vote in both bodies. You know, I didn't even know I was going to mention that until I got up here. I have to get mad to keep from crying. Well, I'm not mad anymore.

But, I'll tell you another little thing. I don't know how many lawyers y'all had on your side. But, the law in this state --if you had been successful on second reading without adopting that nongermane, totally different amendment -- and if the Governor in which he was going to do, announced that it was germane, the law of this state is that if you make an amendment which is substantially different from the original Bill, it still requires three readings after the amendment, if it's a substantial change, to meet Constitutional muster. And, y'all would have been on second reading instead of first reading. And, they'd have had to have three more readings in the House after a substantial change. And, if it is germane, I believe anybody will tell you the difference between shortening the session and having a cabinet form of government certainly is substantial change.

And, the statute law of this state is that if you do an amendment during the Constitutional process, that amendment must either be, no substantial change or, if it is a substantial change, then it requires three readings in both bodies after the substantial change! So, y'all were about 40 miles from home. And, I wish we'd have voted on those 40 amendments. And, I wish to Hell you'd have been able to vote against every one of them that had been in that Journal so the people would have said, `What you were depriving them to vote for, not what you were allowing them to vote for.'

And, when I'm gone, and God knows I want to be on the earth, but not on this floor, and they come back with it again, make them vote on them. See if the courageous leader who got up here and said, `Don't vote for those good amendments, 'cause let's keep it simple. Because, after all, it's going to the public and the public might not be able to understand anything but a little old simple thing.' He never did get back up here after he said that. I don't know if they had a strategy meeting or what. But, he never got back up here. I kept wanting him to get back up here.

Nonetheless, I came in here and I sat for many years and I think I got some wisdom. I'll tell you one little cute story that's totally irrelevant. And, you know, Senator, where I'm going? Senator from Greenwood? I'm going down with Henderson Barnett and play golf with him. I'm going to ask him about how he managed to do all this, 'cause I'm going to get him on my side. I love Henderson Barnett. Yea, I'm going to have a drink with him. Not at 6:00 in the morning like he does, but, I'm going to have a drink with him. You know that. That's all right.

Anyway, I'll tell you about a Senator here. He was a good fellow and a good character and he got off and went off on a binge, drank a little bit. He was broke. He wired every Senator in the Senate. Said, `I'm in trouble. Please wire $100.' Well, a lot of the Senators wired him $100, but old "Spot" Mozingo. "Spot" was smarter than everybody else. He waited about two weeks and he said, `I just got your wire. I hope you're out of trouble 'bout now.' Thought he was going to save $100. And the fellow wrote back, `I'm in worse trouble. Wire $500.'

I missed Senator LOURIE's remarks yesterday because I had a very important mission and I saw where he broke down. I don't blame him for breaking down. If I had that much on my conscience, I think I'd have broken down, too. But, Senator, when you mess us up, you pay the price, you know. But, those statewide boys, they're going to catch it from now on.

But, I've certainly enjoyed serving here. And I have not participated much. I dodged problems and I dodged work and I am free to admit it and that's one of my great characteristics -- that I've been truthful with my people and they know they can depend on me telling the truth. If I'm going to give them the shaft, I tell them just in advance before I give it to them to `Tighten up. I'm going to give you the shaft.' I don't sneak around and say the Trial Lawyers killed my Bill when I never introduced it!

And, you know, another thing, it alarmed me that it didn't concern you. Or didn't seem to concern you. Didn't seem to concern you that the Governor's Office gave an $800,000 grant to a great corporation -- and I'm not blaming them -- Sonoco, to burn tires and they didn't burn them. And, it didn't bother anybody. You know, that's sort of par for the course.

Senator WILSON, when they were building the AT&T Building, had a news conference in front of it because they rented some of the offices and a Democrat had a 1% interest in it. But, this don't bother him.

And then there's another crowd who got the $100,000 and they were rated 98th and that doesn't bother you. That worries me that it doesn't bother you. Of course, I can't sleep sometime. I watch CNN at night to find out what's going on in North Carolina and California, where they're all behind on the debts. Then I read the morning paper where we're in a Hell of a fix. But, they're the ones in the bad fix. We're in good shape.

But, anyway, I've enjoyed being here. I appreciate your kindness. Nobody's ever done anything bad to me here, I don't reckon. And, I don't regret not doing it. If you practice law by yourself, and I've always just sort of had a hankering to do that, because I hired a fellow a time or two and they've always been good people, but when people come to see you in a country town, and you send them to the next fellow in the next office, they'll spend all night cussing you out, `Why in the Hell did you send me to him when I came to see you?' And then, they'll tell you what he told them and they don't believe that. So, you've got to spend as much time explaining what he told them as what you could tell them yourself. When you practice law by yourself and come down here, you've got to neglect both things and your family, if you're running around a little bit -- on the golf course.

Senator BROWN told me way back in 1956, he said back in those days nobody gave money for candidates but the Textile Association. They told him to pick out a bright, young fellow that was real handsome and truthful to run for Lt. Governor. He picked me out quite naturally. And, he got me over there and said, `Now, John, if you quit your liquor drinking and running around, and staying up all night, I believe you'd make a good candidate and those people'll give you some money.' I said, `Senator, you reckon it's worth it?' He said, `Hell, no, I wouldn't do it.' I said, `I don't think I will either.'

But, Mr. PRESIDENT, I ask for a Leave of Absence from 2:00 for the rest of my life -- unless called back earlier in a Special Session and I'll get some more dirt up. But, it'll all be factual. Thank you very much. It's been a pleasure serving with you. You've got to have a real mixture of people to be interested, and God knows, y'all are interesting 'cause you're a mixture of people.

Thank you very much.

(Ordered printed in the Journal)

Senator NELL W. SMITH rose to a Point of Personal Privilege.

Senator NELL W. SMITH addressed parting remarks to the Senate.

Senator LEVENTIS rose to a Point of Privilege.

Senator MACAULAY rose to a Point of Privilege.

Senator PATTERSON rose to a Point of Privilege.

Senator MARTSCHINK rose to a Point of Personal Privilege.

Mr. PRESIDENT, Members of the Senate.

I've had several people ask me when I was going to make my speech since I was leaving. I hadn't planned to make a speech because I sort of figured that maybe you'd heard enough from me this year.

But, I do have a few comments I'll make and I promise you they'll be very, very few.

First, I want to fill in some blanks. One of the first speeches that was made today was made by my dad and he told you about some of his memories, but he left out a few things. He told you that he started dating his high school math teacher and that they got married. He left out the fact that she got fired for dating a student.

He told you that he'd been in the hospital, that he's on his second pacemaker, that he'd had some cancer operations, that he'd had a light stroke. What he didn't tell you was after he had his light stroke, the doctor came out of the operating room, or wherever he was, to meet with my mother and said, `Mrs. Shealy, he seems normal to me.' She said, `Well, I wish you'd have gotten him years ago.'

And he also told you about the first house we lived in, how he put together an old barn from Batesburg and moved it to Lexington. That's what we lived in. After that, some of you may have heard the story of what we lived in. He built, by hand, his first and only house. It was a three room, cement block house. And there were Florida windows that you roll out. Well, he put them in backwards so every time it rained, we had to run outside and roll the windows shut. And, I'm not going to tell you what Mom said after she found out they were cemented in that way and that's the way we lived in that house. And every time it rained, we ran outside and rolled the windows shut.

Things have changed a lot since I first came to the General Assembly twenty-two years ago. But, they've also changed in the five years since I came to the Senate. And I told TOMMY MOORE today, I realized earlier this year how much things have changed in those five years when I walked through the door during a roll call vote and looked to TOMMY MOORE and asked how to vote. I knew things had changed then if I was asking TOMMY MOORE how to vote.

The only serious thing I want to say to you today, when I was elected to the House twenty-two years ago, I had announced for office before I was old enough to vote. I was twenty years old. The voting age at that time was twenty-one and a lot of people, lots of people, said I was too young and that I wouldn't be able to do the job. I was surprised to be elected and it was a very, very close election. I think I won by about 22 votes. But, because so many people thought I wouldn't be able to do the job, it put a lot of pressure on me to try to do my best.

Well, I feel like that's sort of what I've been through this year. And, I want to thank those who've stood by me. But, I especially want to thank those who have been somewhat critical, because, I think, you are the ones who will make me a better Commissioner when I get over to the Workers Compensation Commission. It's when you know that there are people who are watching and wondering if you'll be able to do the job, that you're really put through the test and try to do your best. And I want you to know that I leave here intending to do my best, knowing that things haven't been easy, but when things are easy, you don't learn anything. It's when things are difficult that you learn something. And, I've certainly learned. And I appreciate what those of you who have been on the other side have done for me this year in helping me to learn. And, I hope those of you who have been behind me all along will also be proud of that support once I get over there.

And I leave feeling not one bit of animosity, but grateful for the experience I've been through and hoping that I can call each person in here `friend.'

Thank you.

(Ordered printed in the Journal)

Columbia, S.C., June 3, 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:
S. 417 -- Senators Waddell, Leatherman, Lourie and Hayes: A BILL TO AMEND SECTION 12-21-2726, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROOF OF LICENSING OF COIN-OPERATED MACHINES AND DEVICES, SO AS TO PROVIDE THAT PROOF OF LICENSING IS THE CONSPICUOUS DISPLAY OF THE LICENSE AT THE MACHINE LOCATION; TO AMEND SECTION 12-21-2738, RELATING TO PENALTIES FOR VIOLATIONS OF LICENSING LAWS FOR COIN-OPERATED MACHINES AND DEVICES, SO AS TO PROVIDE THAT FAILURE TO HAVE THE APPROPRIATE LICENSES ON DISPLAY CONSTITUTES A VIOLATION AND THAT EACH MACHINE IN EXCESS OF THE APPROPRIATE LICENSE DISPLAYED IS A SEPARATE VIOLATION; AND TO REPEAL SECTION 12-21-2732, RELATING TO THE ATTACHMENT OF LICENSES TO MACHINES.
Very respectfully,
Speaker of the House

Senator LOURIE moved that the Senate insist upon its amendments to the Bill and asked for a Committee of Conference.

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

Cork Courtney Fielding
Gilbert Land Leventis
Lourie Martin Martschink
McConnell Mitchell Passailaigue
Patterson Peeler Rose
Saleeby Setzler Shealy
Smith, N.W. Washington Williams

Bryan Courson Drummond
Giese Hayes, R.W. Helmly
Hinson Leatherman Macaulay
McGill Moore Mullinax
O'Dell Pope Reese
Russell Smith, J.V. Thomas
Wilson

Whereupon, the PRESIDENT appointed Senators LAND, MATTHEWS and ROBERT W. HAYES, JR. of the Committee of Conference on the part of the Senate, and a message was sent to the House accordingly.

Columbia, S.C., June 4, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. Hodges, Fair and Wilkes of the Committee of Conference on the part of the House on:
S. 417 -- Senators Waddell, Leatherman, Lourie and Hayes: A BILL TO AMEND SECTION 12-21-2726, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROOF OF LICENSING OF COIN-OPERATED MACHINES AND DEVICES, SO AS TO PROVIDE THAT PROOF OF LICENSING IS THE CONSPICUOUS DISPLAY OF THE LICENSE AT THE MACHINE LOCATION; TO AMEND SECTION 12-21-2738, RELATING TO PENALTIES FOR VIOLATIONS OF LICENSING LAWS FOR COIN-OPERATED MACHINES AND DEVICES, SO AS TO PROVIDE THAT FAILURE TO HAVE THE APPROPRIATE LICENSES ON DISPLAY CONSTITUTES A VIOLATION AND THAT EACH MACHINE IN EXCESS OF THE APPROPRIATE LICENSE DISPLAYED IS A SEPARATE VIOLATION; AND TO REPEAL SECTION 12-21-2732, RELATING TO THE ATTACHMENT OF LICENSES TO MACHINES.
Very respectfully,
Speaker of the House

Received as information.

I voted to nonconcur in the House action on Senate Bill 417. Without some provision for the regulation of the video poker industry in South Carolina, the coming year will be one in which casino-style gambling will flourish across this State. Presently, South Carolina is unprotected from wide-open gambling.

When the proposal was first made to place the license fees from video poker machines into the base of the South Carolina budget -- the general fund -- I voted against the proposal in the Finance Committee and am recorded in the Senate Journal as voting in opposition to this provision on those votes taken on this matter. My side was not in the majority on these votes and for the first time, South Carolina was open for statewide placement of the video poker machines. I believe it to be in the best interest of South Carolina to vote in support of regulation which can be implemented now, upon the signature of the Governor, otherwise, large gambling interests will enjoy a "free year" to promote the poker machine industry across South Carolina -- no machine nor age limits -- free advertising and enticement gimmicks to attract the crowds. Regulation this year may be changed by the next legislature if they vote to eliminate the payoff -- there are not enough votes in the Senate to accomplish this at the present time. Should this regulatory measure, as passed by the Senate, be vetoed, Las Vegas and Atlantic City style gambling can be expected in South Carolina.

Columbia, S.C., June 4, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 552 -- Senator Hayes: A BILL TO AMEND SECTION 16-13-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAILURE TO RETURN RENTED OBJECTS, SO AS TO PROVIDE THAT FAILURE TO RETURN LEASED PROPERTY WITHIN SEVENTY-TWO HOURS AFTER THE LEASE EXPIRES BUT RETURNING IT WITHIN ONE WEEK AND FAILURE TO RETURN A LEASED MOTOR VEHICLE FOR MORE THAN ONE WEEK AFTER THE LEASE EXPIRES ARE MISDEMEANORS AND TO PROVIDE PENALTIES.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 3, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. Waldrop, Wofford and Vaughn of the Committee of Free Conference on the part of the House on:
S. 883 -- Senators J. Verne Smith, Shealy, Leatherman, Giese, Waddell, Drummond, Moore, Bryan, Lourie, Long, Peeler, Mitchell, Hinds and Mullinax: A BILL TO AMEND TITLE 24 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 RELATING TO THE CLASSIFICATION SYSTEM AND ADULT CRIMINAL OFFENDER MANAGEMENT SYSTEM SO AS TO ESTABLISH AN OFFENDER MANAGEMENT SYSTEM TO ALLEVIATE PRISON OVERCROWDING BY PROVIDING FOR THE IDENTIFICATION, PREPARATION, AND PLACEMENT OF APPROPRIATE NON-VIOLENT OFFENDERS IN THE COMMUNITY; AND TO REPEAL SECTIONS 24-3-1110 THROUGH 24-3-2060, THE PRISON OVERCROWDING POWERS ACT.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 3, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on:
S. 883 -- Senators J. Verne Smith, Shealy, Leatherman, Giese, Waddell, Drummond, Moore, Bryan, Lourie, Long, Peeler, Mitchell, Hinds and Mullinax: A BILL TO AMEND TITLE 24 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 RELATING TO THE CLASSIFICATION SYSTEM AND ADULT CRIMINAL OFFENDER MANAGEMENT SYSTEM SO AS TO ESTABLISH AN OFFENDER MANAGEMENT SYSTEM TO ALLEVIATE PRISON OVERCROWDING BY PROVIDING FOR THE IDENTIFICATION, PREPARATION, AND PLACEMENT OF APPROPRIATE NON-VIOLENT OFFENDERS IN THE COMMUNITY; AND TO REPEAL SECTIONS 24-3-1110 THROUGH 24-3-2060, THE PRISON OVERCROWDING POWERS ACT.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 4, 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:
S. 1141 -- Senator Moore: A JOINT RESOLUTION TO EXEMPT FROM SOLID WASTE DISPOSAL FEES PROPERTY DELIVERED PURSUANT TO WRITTEN CONTRACTS EXECUTED BEFORE NOVEMBER 1, 1991; TO EXEMPT FROM THE FEES PROPERTY DELIVERED PURSUANT TO A WRITTEN BID SUBMITTED BEFORE NOVEMBER 1, 1991, CULMINATING IN A CONTRACT BEFORE FEBRUARY 1, 1992, TO REQUIRE A VERIFIED COPY OF THE CONTRACT TO BE FILED WITH THE SOUTH CAROLINA TAX COMMISSION, TO ALLOW REFUNDS OR CREDITS FOR FEES REMITTED ON EXEMPT CONTRACTS, AND TO AUTHORIZE THE COMMISSION TO PRESCRIBE FORMS AND PROCEDURES FOR CLAIMING THE REFUND OR CREDIT.
Very respectfully,
Speaker of the House

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

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

Senator MOORE spoke on the report.

On motion of Senator MOORE, the Report of the Committee of Conference to S.1141 (JUD1141.CKF) was adopted as follows:

The COMMITTEE OF CONFERENCE, to whom was referred:
S. 1141 -- Senator Moore: A JOINT RESOLUTION TO EXEMPT FROM SOLID WASTE DISPOSAL FEES PROPERTY DELIVERED PURSUANT TO WRITTEN CONTRACTS EXECUTED BEFORE NOVEMBER 1, 1991; TO EXEMPT FROM THE FEES PROPERTY DELIVERED PURSUANT TO A WRITTEN BID SUBMITTED BEFORE NOVEMBER 1, 1991, CULMINATING IN A CONTRACT BEFORE FEBRUARY 1, 1992, TO REQUIRE A VERIFIED COPY OF THE CONTRACT TO BE FILED WITH THE SOUTH CAROLINA TAX COMMISSION, TO ALLOW REFUNDS OR CREDITS FOR FEES REMITTED ON EXEMPT CONTRACTS, AND TO AUTHORIZE THE COMMISSION TO PRESCRIBE FORMS AND PROCEDURES FOR CLAIMING THE REFUND OR CREDIT.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

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

/SECTION 1. (A) A taxpayer required to pay the fees imposed pursuant to Sections 44-96-160, 44-96-170, 44-96-180, and 44-96-200 of the 1976 Code who delivers property subject to the fees either (1) under the terms of a written contract executed before November 1, 1991, or (2) pursuant to a written bid submitted before November 1, 1991, culminating in a written contract entered into before February 1, 1992, is exempt from the fees imposed by those code sections on deliveries under those contracts before November 1, 1992, if a verified copy of the contract is filed with the South Carolina Tax Commission.

SECTION 2. Subsection G, Section 74, Part II, Act 612 of 1990 is amended to read:

"G. This act takes effect July 1, 1990, except Section 12-36-920(B), subsection A, which takes effect October 1, 1989."

SECTION 3. Section 44-96-40(23) of the 1976 Code is amended to read:

"(23) `Lead-acid battery' means any battery that consists of lead and sulfuric acid, is used as a power source, and has a capacity of six volts or more, except that this term shall not include a small sealed lead-acid battery which means a lead-acid battery weighing twenty-five pounds or less, used in non-vehicular, non-SLI (start lighting ignition) applications."

SECTION 4. Section 44-96-180(F) of the 1976 Code is amended to read:

"(F) For sales made on or after November 1, 1991, there is imposed a fee of two dollars per for each lead-acid battery delivered by wholesalers to licensed retail merchants, jobbers, dealers, or other wholesalers for resale in this State sold to the ultimate consumer, whether the battery is installed by the seller or not. Retail merchants, jobbers, dealers, or other wholesalers receiving new lead-acid batteries from unlicensed wholesalers shall be responsible for the fee imposed by this section. The wholesaler or retailer is to remit the fee to the Tax Commission on a monthly basis. The Tax Commission shall administer, collect, and enforce the lead-acid battery disposal fee in the same manner that the sales and use taxes are collected pursuant to Chapter 36 of Title 12. However, taxpayers are not required to make payments under Section 12-36-2600. In lieu of the discount allowed pursuant to Section 12-36-2610, the taxpayer may retain three percent of the total fees collected as an administrative collection allowance. This allowance applies whether or not the return is timely filed. The commission shall deposit all fees collected to the credit of the State Treasurer. The State Treasurer is required to establish a separate and distinct account from the state general fund. The lead-acid battery disposal fee must be credited to the Solid Waste Management Trust Fund by the State Treasurer."

SECTION 5. Section 44-96-180 of the 1976 Code is amended by adding a new subsection (I) to read:

"(I) (1) Within eighteen months after enactment of this subsection, the department shall conduct a study on the recycling and disposal of small sealed lead-acid batteries.

(2) Within twelve months after completion of the study required in paragraph (1), the department must promulgate regulations regarding the proper management and disposal of small sealed lead-acid batteries. It shall be unlawful for any person to incinerate or place any small sealed lead-acid battery in a landfill."

SECTION 6. Section 44-96-190(B), (C), and (D), as added by Act 63 of 1991, are amended to read:

"(B) Fifteen Twenty-four months after this chapter is effective, no person shall knowingly mix yard trash and land-clearing debris with other municipal solid waste that is intended for collection or disposal at a municipal solid waste landfill or a resource recovery facility.

(C) Fifteen Twenty-four months after this chapter is effective, no person shall knowingly mix other municipal solid waste with yard trash and land-clearing debris that is intended for collection and disposal at a composting facility. This prohibition does not apply to bags or other containers approved by the operator of the composting facility.

(D) Fifteen Twenty-four months after this chapter is effective, no owner or operator of a municipal solid waste landfill shall knowingly accept loads composed primarily of yard trash or land-clearing debris unless the landfill provides and maintains a separate waste composting facility and composts all yard trash or land-clearing debris prior to before disposal in the landfill or contracts for the composting of such waste at the facility."

SECTION 7. Section 1 of this joint resolution takes effect January 1, 1992. Sections 2, 5, and 6 of this joint resolution take effect upon approval by the Governor. Sections 3 and 4 of this joint resolution take effect ninety days after approval by the Governor./

Amend title to conform.

/s/Thomas L. Moore /s/Harriet H. Keyserling
/s/David L. Thomas /s/Michael L. Fair
/s/Michael F. Mullinax Charles R. Sharpe

On Part of the Senate. On Part of the House.

and a message was sent to the House accordingly.

The Report of the Committee of Conference having been adopted by both Houses ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.

Columbia, S.C., June 3, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 1378 -- Senator Setzler: A BILL TO AMEND ACT 171 OF 1991, RELATING TO THE GENERAL APPROPRIATIONS ACT FOR 1991-92, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH CERTAIN FUNDS FOR "EMPLOYER CONTRIBUTIONS FOR SCHOOL DISTRICTS - INSURANCE, RETIREES" IN PART I ARE ALLOCATED AND EXPENDED.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

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.

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

Senator BRYAN spoke on the report.

On motion of Senator BRYAN, the Report of the Committee of Conference to S. 1398 (JUD1398.001) was adopted as follows:

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

That the same do pass with the following amendments:

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

/SECTION 1. Title 34 of the 1976 Code is amended by adding:

Section 34-36-10. As used in this chapter, unless the context otherwise requires:

(1) `Advance fee' means any consideration which is assessed or collected, prior to the closing of a loan, by a loan broker.

(2) `Borrower' means a person obtaining or desiring to obtain a loan of money, a credit card, or a line of credit.

(3) `Department' means the Department of Consumer Affairs.

(4) `Loan broker' means any person who:

(a) for or in expectation of consideration arranges or attempts to arrange or offers to fund a loan of money, a credit card, or a line of credit;

(b) for or in expectation of consideration assists or advises a borrower in obtaining or attempting to obtain a loan of money, a credit card, a line of credit, or related guarantee, enhancement, or collateral of any kind or nature;

(c) acts for or on behalf of a loan broker for the purpose of soliciting borrowers; or

(d) holds himself out as a loan broker.

A `loan broker' does not include any bank or savings and loan association, trust company, building and loan association, credit union, consumer finance company, retail installment sales company, securities broker-dealer, real estate broker or salesperson, attorney, Federal Housing Administration or Veterans Administration approved lender, credit card company, installment loan licensee, mortgage loan broker registered under Chapter 58, Title 40 and acting within the scope of its certificate of registration, or insurance company, who is licensed by and subject to regulation or supervision of any agency of the United States, the South Carolina Board of Financial Institutions, or other agency of this State and is acting within the scope of the license; and also does not include subsidiaries of licensed or chartered consumer finance companies, banks, or savings and loan associations.

(5) `Principal' means any officer, director, partner, joint venturer, branch manager, or other person with similar managerial or supervisory responsibilities for a loan broker.

Section 34-36-20. No loan broker shall:

(1) assess or collect an advance fee from a borrower to provide services as a loan broker.

(2) make or use any false or misleading representations or omit any material fact in the offer or sale of the services of a loan broker or engage, directly or indirectly, in any act that operates or would operate as fraud or deception upon any person in connection with the offer or sale of the services of a loan broker, notwithstanding the absence of reliance by the buyer.

(3) make or use any false or deceptive representation or conceal a material fact in its business dealings with the borrower or with the department.

Section 34-36-30. Each principal of a loan broker may be sanctioned for the actions of the loan broker, including the loan broker's agents or employees acting in the course of business of the loan broker.

Section 34-36-40. (A) The department may investigate the actions of any person for compliance with this chapter.

(B) The department may order a loan broker to cease and desist whenever the department determines that the loan broker has violated, is violating, or will violate any provision of this chapter, any regulation promulgated by the department, or any written agreement entered into with the department.

(C) The department may order a loan broker to refund or reimburse any advance fee or any other fee taken in violation of Section 34-36-20 or taken as a result of a false, misleading, or deceptive representation as described in Section 34-36-20. Such an order may, but need not, be sought by the department in conjunction with a cease and desist order pursuant to subsection (B).

(D) The department may impose and collect a civil administrative fine against any person found to have violated any provision of this chapter, any regulation promulgated by the department, or any written agreement entered into with the department, in any amount not to exceed five thousand dollars for each violation.

Section 34-36-50. (A) The department may make investigations and examinations upon reasonable suspicion within or outside of this State as it considers necessary to determine whether a person has violated or will violate any provision of this chapter or any regulation promulgated hereunder.

(B) The department may gather evidence regarding any broker if the department has reasonable suspicion the loan broker has violated or will violate any provision of this chapter or any regulation promulgated under it. The department may administer oaths, examine witnesses, and issue subpoenas.

(C) The department may issue subpoenas for witnesses whose evidence is deemed material to any investigation or examination commanding the witnesses to be or appear before the department at a time and place named and to bring those books, records, and documents as may be specified or to submit the books, records, and documents for inspection. The subpoenas may be served by an authorized representative of the department.

(D) In the event of substantial noncompliance with a subpoena or subpoena duces tecum issued by the department, the department may petition the circuit court of the county in which the person subpoenaed resides or has its principal place of business for an order requiring the person to appear and fully comply with the subpoena. The court may also grant injunctive relief restraining a violation of this chapter and may grant that other relief, including, but not limited to, the restraint, by injunction or appointment of a receiver, of any transfer, pledge, assignment, or other disposition of the person's assets or any concealment, alteration, destruction, or other disposition of subpoenaed books, records, or documents, as the court deems appropriate until the person has fully complied with the subpoena or subpoena duces tecum and the department has completed its investigation or examination. Costs incurred by the department to obtain an order granting, in whole or in part, the petition for enforcement of a subpoena or subpoena duces tecum must be taxed against the subpoenaed person, and failure to comply with the order is a contempt of court.

(E) Witnesses are entitled to the same fees and mileage as they may be entitled by law for attending as witnesses in the circuit court, except where the examination or investigation is held at the place of business or residence of the witness.

(F) The material compiled by the department in an investigation or examination under this chapter is confidential until the investigation or examination is complete or final action by the department is otherwise taken. The investigation or examination is not deemed complete if the department has submitted the material or any part of it to any law enforcement agency or other regulatory agency for further investigation or for the filing of a criminal or civil prosecution and the investigation and prosecution have not been completed or become inactive. This confidentiality provision shall not prohibit:

(1) the disclosure of investigative material in investigations that are otherwise final if the material submitted to the other law enforcement agency is not directly related to loan brokering business; or

(2) the disclosure of such material as is public information after civil or criminal prosecution is filed.

(G) The department shall cooperate with and assist other state or federal agencies in enforcing applicable regulation of loan brokers to the extent such cooperation and assistance does not violate this chapter or the public policy of this State. The department may authorize such state or federal agencies to represent it for the purpose of administering oaths, examining witnesses, or issuing subpoenas under this chapter.

Section 34-36-60. (A) In addition to other remedies set forth in this chapter, whenever the department determines, from evidence satisfactory to it, that any person has engaged, is engaged, or is about to engage in an act or practice constituting a violation of this chapter or a regulation promulgated hereunder, the department may bring action in the name and on behalf of the State against the person and any other person concerned in that practice in violation of this chapter to enjoin the person or persons from continuing the violation. In the court proceedings, the department may apply for and on due showing is entitled to have issued, the court's subpoena requiring the appearance of any defendant and his employees or agents to testify or give evidence concerning the acts or conduct or things complained of in the application for injunction, and requiring the production of documents, books, and records that may appear necessary for the hearing of the petition.

(B) In addition to all other means provided by law for the enforcement of any temporary restraining order, temporary injunction, or permanent injunction issued in the court proceedings, the court shall have the power, upon application of the department, to impound and to appoint a receiver or administrator for the property, assets, and business of the defendant, including, but not limited to, the books, records, documents, and papers appertaining thereto. The receiver or administrator, when appointed and qualified, shall have all powers and duties as to custody, collection, administration, winding up, and liquidation of this property and business as is from time to time conferred upon him by the court. In the action, the court may issue orders and decrees staying all pending suits and enjoining any further suits affecting the receiver's or administrator's custody or possession of this property, assets, and business, or in its discretion may with the consent of the chief administrative judge of the circuit, require that all these suits be assigned to the circuit court judge appointing this receiver or administrator.

(C) In addition to any other remedies provided by this chapter, the department may apply to the court hearing this matter for an order of restitution whereby the defendants in the action must be ordered to make restitution of those sums shown by the department to have been obtained by them in violation of any of the provisions of this chapter. The restitution, at the option of the court, must be payable to the administrator or receiver appointed pursuant to this section or directly to the persons whose assets were obtained in violation of this chapter.

Section 34-36-70. Any person violating any provision of this chapter is guilty of a misdemeanor and, upon conviction, must be punished by a fine not exceeding five thousand dollars or by a term of imprisonment not exceeding one year, or both. Each violation of this chapter constitutes a separate offense.

Section 34-36-80. (A) A violation of this chapter shall constitute an unfair trade practice under Chapter 5, Title 39, and individual borrowers or prospective borrowers injured by violations of this chapter have an action for damages as set forth in Section 39-5-140.

(B) Any borrower injured by a violation of this chapter may bring an action against the surety bond or trust account, if any, of the loan broker.

(C) The remedies provided under this chapter are in addition to any other procedures or remedies for any violation or conduct authorized by law.

Section 34-36-90. (A) The department is responsible for the administration and enforcement of this chapter.

(B) The department is authorized to promulgate those regulations necessary to implement and administer the provisions of this chapter."

SECTION 2. Article 5, Chapter 3, Title 29 of the 1976 Code is amended by adding:

"Section 29-3-325. When no written instructions to the contrary are given by the mortgagor or a closing agent, acting on behalf of the mortgagor, to the mortgagee or to an assignee of the mortgage, and when the mortgagee or assignee of the mortgage is a financial institution, the mortgagee or assignee is responsible for recording the satisfaction or cancellation of the mortgage it holds. The financial institution may charge a reasonable fee not to exceed twenty-five dollars to cover the cost of recording the satisfaction or cancellation.

If the financial institution fails to record the satisfaction or cancellation within ninety days of receipt of the full amount necessary to satisfy the debt or obligation secured by the mortgage, it must pay to the mortgagor upon demand a penalty in the amount of one hundred dollars or in the alternative the mortgagor is entitled to the remedies provided by Sections 29-3-310 and 29-3-320 if these sections apply. However, a violation of this section is not considered to be a violation of Sections 29-3-310 and 29-3-320. Failure to pay this one hundred dollar penalty within ten days after demand subjects the financial institution to additional penalties of one hundred dollars for each ten days or portion thereof the penalty remains unpaid after receipt of demand.

The provisions of this section do not apply to `open-end credit' plans as defined by federal law, or to mortgages containing future advance clauses even though they secure closed-end transactions."

SECTION 3. Section 29-3-325 of the 1976 Code, as added by this act, applies with respect to mortgages executed after December 31, 1992.

SECTION 4. This act takes effect upon approval by the Governor./

Amend title to conform.

/s/James E. Bryan, Jr. /s/Thomas C. Alexander
/s/Herbert U. Fielding /s/Larry A. Martin
/s/H. Samuel Stilwell /s/Lucille S. Whipper

On Part of the Senate. On Part of the House.

and a message was sent to the House accordingly.

Columbia, S.C., June 3, 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:
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.
Very respectfully,
Speaker of the House

Received as information.

The Report of the Committee of Conference having been adopted by both Houses ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.

H. 3172 -- Reps. Wright, Felder, Koon, Derrick, Sturkie and Sharpe: A BILL TO PROVIDE THAT THE ELECTION OF ALL MEMBERS OF BOARDS OF TRUSTEES OF SCHOOL DISTRICTS IN LEXINGTON COUNTY MUST BE HELD IN NONPARTISAN ELECTIONS AT THE TIME OF THE GENERAL ELECTION, PROVIDE FOR THE METHOD OF NOMINATION OF CANDIDATES AND CONDUCT OF THE ELECTION, AND TO EXTEND THE TERMS OF THOSE PERSONS AFFECTED BY THESE PROVISIONS.

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

There was no objection.

The question was the third reading of the Bill.

Senators SETZLER, SHEALY and WILSON proposed the following amendment (JIC\6695.HC), which was adopted:

Amend the bill, as and if amended, page 1, line 24, by striking /1992/ and inserting /1994/.

Amend title to conform.

Senator SETZLER explained the amendment.

The amendment was adopted.

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

Columbia, S.C., June 4, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3172 -- Reps. Wright, Felder, Koon, Derrick, Sturkie and Sharpe: A BILL TO PROVIDE THAT THE ELECTION OF ALL MEMBERS OF BOARDS OF TRUSTEES OF SCHOOL DISTRICTS IN LEXINGTON COUNTY MUST BE HELD IN NONPARTISAN ELECTIONS AT THE TIME OF THE GENERAL ELECTION, PROVIDE FOR THE METHOD OF NOMINATION OF CANDIDATES AND CONDUCT OF THE ELECTION, AND TO EXTEND THE TERMS OF THOSE PERSONS AFFECTED BY THESE PROVISIONS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 3, 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. 3253 -- Reps. Rudnick, Waites, Cromer, Smith, Wilder, Kempe and Klapman: A BILL TO AMEND SECTION 7-7-990, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BARRIER-FREE POLLING PLACES FOR PHYSICALLY HANDICAPPED ELECTORS, SO AS TO PROVIDE THAT AN ELECTOR WHO IS PERMANENTLY HANDICAPPED IS NOT REQUIRED TO REREGISTER IN ORDER TO VOTE AT THE BARRIER-FREE POLLING PLACE.
Very respectfully,
Speaker of the House

On motion of Senator McCONNELL, the Senate insisted upon its amendments to the Bill and asked for a Committee of Conference.

Whereupon, the PRESIDENT appointed Senators McCONNELL, HINSON and MATTHEWS of the Committee of Conference on the part of the Senate, and a message was sent to the House accordingly.

Columbia, S.C., June 4, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. Rudnick, Cromer and Wilder of the Committee of Conference on the part of the House on:
H. 3253 -- Reps. Rudnick, Waites, Cromer, Smith, Wilder, Kempe and Klapman: A BILL TO AMEND SECTION 7-7-990, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BARRIER-FREE POLLING PLACES FOR PHYSICALLY HANDICAPPED ELECTORS, SO AS TO PROVIDE THAT AN ELECTOR WHO IS PERMANENTLY HANDICAPPED IS NOT REQUIRED TO REREGISTER IN ORDER TO VOTE AT THE BARRIER-FREE POLLING PLACE.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 4, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on:
H. 3253 -- Reps. Rudnick, Waites, Cromer, Smith, Wilder, Kempe and Klapman: A BILL TO AMEND SECTION 7-7-990, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BARRIER-FREE POLLING PLACES FOR PHYSICALLY HANDICAPPED ELECTORS, SO AS TO PROVIDE THAT AN ELECTOR WHO IS PERMANENTLY HANDICAPPED IS NOT REQUIRED TO REREGISTER IN ORDER TO VOTE AT THE BARRIER-FREE POLLING PLACE.
Very respectfully,
Speaker of the House

Received as information.

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

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

Senator McCONNELL spoke on the report.

On motion of Senator McCONNELL, the Report of the Committee of Conference to H. 3253 (JUD3253.CKF) was adopted as follows:

The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3253 -- Reps. Rudnick, Waites, Cromer, Smith, Wilder, Kempe and Klapman: A BILL TO AMEND SECTION 7-7-990, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BARRIER-FREE POLLING PLACES FOR PHYSICALLY HANDICAPPED ELECTORS, SO AS TO PROVIDE THAT AN ELECTOR WHO IS PERMANENTLY HANDICAPPED IS NOT REQUIRED TO REREGISTER IN ORDER TO VOTE AT THE BARRIER-FREE POLLING PLACE.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

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

SECTION 1. Section 7-7-990A(2) of the 1976 Code is amended to read:

"(2) Elector has applied in writing to and obtained from the county board of registration thirty days prior to before the election a voting registration transfer authorizing the elector to vote at the county barrier-free polling place. An elector whose physical handicap, as defined in item (1) of this subsection, is permanent, as certified by a licensed physician, is not required to register once he has done so initially under the provisions of this item."

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

/s/Glenn F. McConnell /s/Irene K. Rudnick
/s/Caldwell T. "Red" Hinson /s/Joseph B. Wilder
/s/John W. Matthews, Jr. /s/James L. Mann "Bubba" Cromer

On Part of the Senate. On Part of the House.

and a message was sent to the House accordingly.

Columbia, S.C., June 4, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that the Report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification:
H. 3253 -- Reps. Rudnick, Waites, Cromer, Smith, Wilder, Kempe and Klapman: A BILL TO AMEND SECTION 7-7-990, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BARRIER-FREE POLLING PLACES FOR PHYSICALLY HANDICAPPED ELECTORS, SO AS TO PROVIDE THAT AN ELECTOR WHO IS PERMANENTLY HANDICAPPED IS NOT REQUIRED TO REREGISTER IN ORDER TO VOTE AT THE BARRIER-FREE POLLING PLACE.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 4, 1992

Mr. President and Senators:

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

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 3, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3745 -- Reps. Hayes, H. Brown, Rudnick, Baxley, Kirsh, G. Bailey, G. Brown, Meacham, Nettles, Rama, Altman, Jaskwhich, Gentry, Wilkes, Baker, Clyborne, T.C. Alexander, Rhoad, McCain, Sharpe, Harvin and Tucker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-40-70 SO AS TO ALLOW A LANDLORD WHERE RENTAL PROPERTY IS MANAGED BY A CORPORATION TO DESIGNATE IN WRITING A CORPORATE EMPLOYEE OR AGENT WHO MAY REPRESENT THE LANDLORD IN THE COURTS OF THIS STATE IN ALL MATTERS ARISING UNDER THE SOUTH CAROLINA RESIDENTIAL LANDLORD AND TENANT ACT AND TO PROVIDE THAT THE PERSON DESIGNATED, WHILE REPRESENTING THE LANDLORD IN COURT, IS NOT ENGAGED IN THE UNAUTHORIZED PRACTICE OF LAW.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 3, 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. 3867 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-840, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USING CERTAIN NETS TO FISH WITHIN THREE MILES FROM WINYAH BAY JETTIES, SO AS TO CLARIFY THE PENALTY TO INCLUDE THE SEIZURE OF AN ENGINE AND ALL RELATED EQUIPMENT FOR A VIOLATION OF THIS SECTION.
Very respectfully,
Speaker of the House

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

On motion of Senator HOLLAND, the Senate receded from its amendments and a message was sent to the House accordingly.

Columbia, S.C., June 4, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that a message having been received from the Senate that it has receded from its amendments, it was ordered that the title of the Bill be changed to that of an Act and that the Act be enrolled for ratification:
H. 3867 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-840, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USING CERTAIN NETS TO FISH WITHIN THREE MILES FROM WINYAH BAY JETTIES, SO AS TO CLARIFY THE PENALTY TO INCLUDE THE SEIZURE OF AN ENGINE AND ALL RELATED EQUIPMENT FOR A VIOLATION OF THIS SECTION.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 3, 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. 3907 -- Reps. Mattos, P. Harris, Manly and Townsend: A BILL TO REVISE THE CHARGES FOR ENVIRONMENTAL PERMITS, LICENSES, AND CERTIFICATES REQUIRED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL UNDER THE POLLUTION CONTROL ACT, THE SAFE DRINKING WATER ACT, THE HAZARDOUS WASTE MANAGEMENT ACT, THE OIL AND GAS ACT, AND DEPARTMENT REGULATIONS.
Very respectfully,
Speaker of the House

Received as information.

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

On motion of Senator MACAULAY, the Senate receded from its amendments and a message was sent to the House accordingly.

Columbia, S.C., June 4, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that a message having been received from the Senate that it has receded from its amendments, it was ordered that the title of the Bill be changed to that of an Act and that the Act be enrolled for ratification:
H. 3907 -- Reps. Mattos, P. Harris, Manly and Townsend: A BILL TO REVISE THE CHARGES FOR ENVIRONMENTAL PERMITS, LICENSES, AND CERTIFICATES REQUIRED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL UNDER THE POLLUTION CONTROL ACT, THE SAFE DRINKING WATER ACT, THE HAZARDOUS WASTE MANAGEMENT ACT, THE OIL AND GAS ACT, AND DEPARTMENT REGULATIONS.
Very respectfully,
Speaker of the House

Received as information.

H. 4092 -- Rep. Rama: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 43, TITLE 44 SO AS TO ENACT THE BONE MARROW DONOR ACT.

On motion of Senator DRUMMOND, the Bill was ordered returned from the House.

H. 4092 -- Rep. Rama: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 43, TITLE 44 SO AS TO ENACT THE BONE MARROW DONOR ACT.

The House returned the Bill as requested.

Senator DRUMMOND spoke on the Bill and ordered the Bill returned to the House.

Columbia, S.C., June 4, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4092 -- Rep. Rama: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 43, TITLE 44 SO AS TO ENACT THE BONE MARROW DONOR ACT.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 4, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4239 -- Reps. Harrison and Quinn: A BILL TO AMEND SECTION 25-11-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF THE DIRECTOR OF VETERANS AFFAIRS, SO AS TO ALLOW THE VETERANS OF FOREIGN WARS AND THE DISABLED AMERICAN VETERANS, ALONG WITH THE AMERICAN LEGION, TO MAKE A RECOMMENDATION TO THE GOVERNOR FOR A DIRECTOR.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 3, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4245 -- Reps. J. Harris, Harvin, Kirsh, Sharpe, G. Brown, Jaskwhich, Rogers, H. Brown, Keyserling, Waites, Mattos, Cromer, J. Bailey, K. Burch, McAbee, P. Harris, Chamblee, Boan, Jennings, Stoddard, Phillips, Hodges, McTeer, Wilkins, Carnell, J.W. Johnson, Rudnick, M. Martin and D. Elliott: A BILL TO AMEND TITLE 60, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 12 SO AS TO GIVE AUTHORITY TO THE DEPARTMENT OF ARCHIVES AND HISTORY TO IDENTIFY, RECORD, AND EVALUATE ALL STATE-OWNED OR LEASED FACILITIES TO DETERMINE WHICH OF THESE FACILITIES MAY BE CONSIDERED HISTORICALLY SIGNIFICANT, TO REQUIRE THE DEPARTMENT TO PROVIDE COPIES OF THE INVENTORY TO DEPARTMENTS, AGENCIES, AND INSTITUTIONS WHICH HAVE JURISDICTION OVER THE BUILDINGS AND SITES LISTED, TO AUTHORIZE THE DEPARTMENT OF ARCHIVES AND HISTORY TO INSTITUTE A HISTORIC PRESERVATION REVIEW PROCESS FOR PERMANENT IMPROVEMENTS AND CONSTRUCTION AFFECTING HISTORIC PROPERTIES OR FACILITIES, TO AUTHORIZE THE DEPARTMENT OF ARCHIVES AND HISTORY TO PROMULGATE REGULATIONS TO EFFECTUATE THE PROVISIONS OF THIS CHAPTER, AND TO PROVIDE FOR EXCEPTIONS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 3, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on:
H. 4337 -- Rep. Kirsh: A BILL TO AMEND SECTION 9-11-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ACCIDENTAL DEATH BENEFIT PROGRAM UNDER THE SOUTH CAROLINA POLICE OFFICERS' RETIREMENT SYSTEM, SO AS TO INCREASE BY TEN PERCENT THE MONTHLY ALLOWANCE OF A BENEFICIARY UNDER THE PROGRAM WHO WAS RECEIVING BENEFITS UNDER THE PROGRAM ON JULY 1, 1991, AND TO MAKE THE INCREASE EFFECTIVE JULY 1, 1992.
Very respectfully,
Speaker of the House

Received as information.

The Report of the Committee of Conference having been adopted by both Houses ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.

Columbia, S.C., June 3, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4344 -- Rep. G. Bailey: A BILL TO AMEND SECTION 19-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMISSIBILITY OF CERTAIN OUT-OF-COURT STATEMENTS BY CHILDREN IN ABUSE OR NEGLECT PROCEEDINGS, SO AS TO DELETE THE PROVISION THAT THE STATEMENTS ARE INADMISSIBLE IF THE PARENTS OF THE CHILD ARE SEPARATED OR DIVORCED IF ONE OF THE PARENTS IS THE ALLEGED PERPETRATOR OF THE ABUSE AND THE ALLEGATION OF ABUSE WAS MADE AFTER THE PARENTS SEPARATED OR DIVORCED.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 3, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4561 -- Reps. Jennings, J. Harris and K. Burch: A BILL TO AMEND SECTION 50-11-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, SO AS TO REVISE THE SEASON IN GAME ZONE 5.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 3, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4569 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM SALES TAX, SO AS TO PROVIDE THAT SCRAP METAL PROCESSORS ARE CONSIDERED MANUFACTURERS FOR PURPOSES OF THE EXEMPTIONS RELATING TO THE SALE OF ELECTRICITY OR OTHER FUELS TO MANUFACTURERS FOR CERTAIN USES.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 4, 1992

Mr. President and Senators:

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

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 4, 1992

Mr. President and Senators:

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

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 3, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4703 -- Rep. Stone: A BILL TO PROVIDE THAT BEGINNING IN 1992 THE BOARD OF TRUSTEES OF THE EDGEFIELD COUNTY SCHOOL DISTRICT MUST BE ELECTED IN NONPARTISAN ELECTIONS AND TO PROVIDE FOR THE TERMS AND MANNER OF ELECTION OF THESE MEMBERS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 4, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R. 495, H. 4790 by a vote of 61 to 35:
(R495) H. 4790 -- Rep. Kirsh: AN ACT TO AMEND SECTION 12-54-460, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SETOFF DEBT COLLECTION ACT WHICH AUTHORIZES A CLAIMANT AGENCY TO REQUEST THAT A DELINQUENT DEBT BE SET OFF BY THE TAX COMMISSION AGAINST ANY INCOME TAX REFUND DUE THE DEBTOR, SO AS TO PROVIDE THAT REGULAR MAIL AS WELL AS CERTIFIED OR REGISTERED MAIL MAY BE USED TO PROVIDE THE DEBTOR WITH CERTAIN NOTICES REQUIRED BY THE ACT.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 3, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4871 -- Reps. Baxley, Glover, Neilson and Beasley: A BILL TO AMEND SECTION 7-7-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN DARLINGTON COUNTY, SO AS TO REVISE CERTAIN OF THESE VOTING PRECINCTS, TO ABOLISH THE DARLINGTON COUNTY BOARD OF VOTER REGISTRATION AND DARLINGTON COUNTY ELECTION COMMISSION AND TO CREATE THE DARLINGTON COUNTY BOARD OF ELECTIONS AND REGISTRATION.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

S. 1504 -- Senator Carmichael: A BILL TO AMEND SECTION 50-11-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO PURSUE DEER WITH DOGS IN A CERTAIN AREA IN DILLON AND MARLBORO COUNTIES IN GAME ZONE 7.

On motion of Senator HOLLAND, with unanimous consent, the Bill was recalled from the Committee on Fish, Game and Forestry.

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

On motion of Senator CARMICHAEL, with unanimous consent, the Bill received a second reading.

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

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

The was no objection.

On motion of Senator LOURIE, the Concurrent Resolution was adopted, ordered sent to the House.

At 2:00 P.M., Senator MARTIN requested and was granted a leave of absence for the balance of the day.

The following were introduced:

S. 1607 -- Senators Lourie, Patterson, Courson and Giese: A CONCURRENT RESOLUTION TO EXPRESS SYMPATHY TO THE FAMILY OF A. P. WILLIAMS, JR., OF COLUMBIA.

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

S. 1608 -- Senators Shealy, Wilson and Setzler: A SENATE RESOLUTION CONGRATULATING LEXINGTON HIGH SCHOOL ON WINNING THE 1992 CLASS AAAA STATE BASEBALL CHAMPIONSHIP.

The Senate Resolution was adopted.

S. 1609 -- Senators Washington, Bryan, Carmichael, Cork, Courson, Courtney, Drummond, Giese, Gilbert, Robert W. Hayes, Jr., 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, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Williams and Wilson: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE EXCELLENT LEGISLATIVE SERVICE AND THE FRIENDSHIP OF THE HONORABLE HERBERT U. FIELDING OF CHARLESTON COUNTY.

Whereas, it has been a distinct privilege and pleasure to have served in the General Assembly with our good friend from Charleston County, the Honorable Herbert U. Fielding; and

Whereas, Herb rendered outstanding service and leadership as a House member from 1971-1973 and 1983-1984 and has done so as a member of the Senate since his election in 1984; and

Whereas, his legislative record has been one of excellence, encompassing intelligence, determination, hard work, integrity, loyalty, and concern for all the citizens of this great State; and

Whereas, we appreciate Herb Fielding's ready smile, his generous nature, and his delightful sense of humor; and

Whereas, most of all, we are grateful for his friendship; he is a man who never lets his friends down and stands by them in good times as well as bad; and

Whereas, he has decided not to seek re-election to the Senate in 1992 but will pursue other endeavors instead; and

Whereas, we want Herb to know how much we respect and admire him for his legislative talents and contributions over the past two decades and how greatly we value his friendship. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina, by this resolution, express appreciation for the excellent legislative service and the friendship of the Honorable Herbert U. Fielding of Charleston County.

Be it further resolved that a copy of this resolution be forwarded to Senator Fielding.

Senator McCONNELL spoke on the Resolution.

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

S. 1610 -- Senators 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, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Reese, Rose, Russell, Saleeby, Setzler, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Washington and Wilson: A CONCURRENT RESOLUTION TO COMMEND SENATOR RYAN C. SHEALY FOR HIS MANY YEARS OF DEDICATED SERVICE AND TWENTY-FOUR YEARS OF PERFECT ATTENDANCE IN THE SOUTH CAROLINA LEGISLATURE.

Whereas, Senator Ryan C. Shealy faithfully served his constituents in the House of Representatives from 1955 through 1964 and 1967 through 1968; and

Whereas, he has actively represented Lexington and Aiken Counties in the South Carolina Senate continuously since 1981; and

Whereas, Senator Shealy has distinguished himself through his many years of active and committed service on behalf of his constituents; and

Whereas, he served his country with honor in the United States Navy during World War II; and

Whereas, he is currently an active and respected member of the Senate Banking and Insurance Committee, the Senate Finance Committee, the Senate Corrections and Penology Committee, the Senate Fish, Game and Forestry Committee, and the Senate Rules Committee; and

Whereas, during Senator Shealy's many years of service in both the House of Representatives and the Senate, he has notably achieved a record of twenty-four years of perfect attendance. 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 one of its outstanding and most dedicated members, Senator Ryan C. Shealy for his many years of dedicated service and perfect attendance in the South Carolina Legislature.

Be it further resolved that a copy of this resolution be forwarded to Senator Shealy.

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

S. 1611 -- Senators Rose, Bryan, Carmichael, Cork, Courson, Courtney, Drummond, Fielding, Giese, Gilbert, Robert W. Hayes, Jr., Hinds, Hinson, Holland, Land, Leatherman, Leventis, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Reese, Russell, Saleeby, Setzler, Shealy, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE ROBERT L. HELMLY FROM BERKELEY COUNTY FOR HIS DISTINGUISHED SERVICE AS A MEMBER OF THE SOUTH CAROLINA SENATE AND AS A MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AS HIS TENURE IN THE GENERAL ASSEMBLY COMES TO A CLOSE.

Whereas, the members of the General Assembly with deep regret have learned that Senator Robert L. Helmly from Berkeley has decided not to offer for re-election to the Senate in 1992; and

Whereas, Bobby Helmly has served with distinction as a member of the Senate since 1989 representing the citizens of District 37 in Berkeley County to the very best of his ability; and

Whereas, prior to being elected to the Senate, he served with distinction in the House of Representatives for fifteen years; and

Whereas, Bobby Helmly has been a strong voice for better government in South Carolina always putting the interests of his constituents and the general public first whether it be in matters relating to public health, insurance, economic development, or regulatory concerns; and

Whereas, he brought to the General Assembly excellent abilities and knowledge gained as a successful businessman as President of Home Telephone Company in Moncks Corner and these experiences served him well in his public duties; and

Whereas, he contributed much as a member of the House Ways and Means Committee and as a member of the Medical, Military, Public and Municipal Affairs Committee during his service in the House. Upon his election to the Senate, he continued his contributions in these areas as a member of the Senate Medical Affairs and Labor, Commerce and Industry Committees. He also rendered outstanding service as a member of the Mental Health and Mental Retardation Commission and as chairman of the Health Care Planning and Oversight Committee; and

Whereas, the members of the General Assembly, by this resolution, would like to publicly thank him on behalf of the citizens of Berkeley County, and the State of South Carolina for all that he has done as a public servant upon the occasion of his retirement from the General Assembly. Now, therefore,

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

That the members of the General Assembly hereby commend the Honorable Robert L. Helmly from Berkeley County for his distinguished service as a member of the South Carolina Senate and as a member of the South Carolina House of Representatives as his tenure in the General Assembly comes to a close.

Be it further resolved that a copy of this resolution be forwarded to Senator Helmly.

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

S. 1612 -- Senator Saleeby: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 4, 1992, THEY SHALL STAND ADJOURNED TO MEET IN LOCAL SESSION AT 10:00 A.M. ON JUNE 5, 8, 9, 10, 11, 12, AND 15 FOR CONSIDERATION OF LOCAL AND UNCONTESTED MATTERS, TO PROVIDE FOR THE RATIFICATION OF ACTS ON WEDNESDAY, JUNE 10, 1992, TO PROVIDE THAT WHEN THE GENERAL ASSEMBLY ADJOURNS ON MONDAY, JUNE 15, 1992, IT SHALL STAND ADJOURNED TO MEET IN REGULAR STATEWIDE SESSION BETWEEN JUNE 16 AND JUNE 18, 1992, AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE NOT LATER THAN 5:00 P.M. ON JUNE 18, 1992.

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

That the mandatory Sine Die adjournment date for the General Assembly prescribed in Section 2-1-180 of the 1976 Code is extended, as authorized by that code section, to permit the General Assembly to continue in session under the terms and conditions contained in this resolution.

When the respective houses adjourn on Thursday, June 4, 1992, each house shall stand adjourned to meet at 10:00 a.m. on June 5, 8, 9, 10, 11, 12, and 15, 1992, for the consideration of local and uncontested matters which have the unanimous consent of the members of the affected delegation and for the consideration of resolutions expressing sympathy or congratulations and to provide that the President of the Senate and the Speaker of the House are authorized to meet on Wednesday, June 10, 1992, for the ratification of Acts which have been enrolled prior to that date and to provide that when the General Assembly adjourns on Monday, June 15, 1992, it shall stand adjourned to meet in statewide session beginning at 11:30 a.m. on Tuesday, June 16 through Thursday, June 18, 1992, for consideration of:

(A) Gubernatorial vetoes;

(B) Confirmation of appointments;

(C) Ratification of Acts;

(D) Conference or free conference reports;

(E) Resolution setting an earlier time and/or date for Sine Die adjournment.

Be it further resolved, that the General Assembly shall stand adjourned Sine Die not later than 5:00 p.m. on Thursday, June 18, 1992.

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

S. 1613 -- Senators Williams, Russell, Bryan, Carmichael, Cork, Courson, Courtney, Drummond, Fielding, Giese, Gilbert, Robert W. Hayes, Jr., Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Reese, Rose, Saleeby, Setzler, Shealy, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Washington and Wilson: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE EXCELLENT LEGISLATIVE SERVICE AND THE FRIENDSHIP OF THE HONORABLE THOMAS H. POPE, III OF NEWBERRY COUNTY.

Whereas, the Honorable Thomas H. Pope, III of Newberry County has represented the citizens of Senate District Number 18 (Saluda, Newberry, and Union counties) for the past eight years in the General Assembly; and

Whereas, as a South Carolina legislator, Tom Pope has been known for his hard work, dedication to duty, command of the facts, cooperation, and concern for the welfare of all the people of this great State; and

Whereas, Tom has been a truly outstanding member of the General Assembly -- a model legislator who is admired for his trustworthiness and whose superb legal mind and abilities have served to guide the General Assembly on many difficult and complex matters; and

Whereas, we have valued his friendship and regret deeply that he has chosen not to seek reelection to the Senate in 1992; and

Whereas, we want him to know that we appreciate his excellent and dedicated public service and hope that all of his future endeavors will bring him success and happiness. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina, by this resolution, express appreciation for the excellent legislative service and the friendship of the Honorable Thomas H. Pope, III of Newberry County.

Be it further resolved that a copy of this resolution be forwarded to our good friend and distinguished colleague Tom Pope.

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

S. 1614 -- Senators Holland, Bryan, Carmichael, Cork, Courson, Courtney, Drummond, Fielding, Giese, Gilbert, Robert W. Hayes, Jr., Helmly, Hinds, Hinson, Land, Leatherman, Leventis, Lourie, Macaulay, Martschink, 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 SENATE RESOLUTION TO COMMEND AND EXPRESS APPRECIATION TO THE HONORABLE JOHN A. MARTIN OF FAIRFIELD COUNTY, OUR GOOD FRIEND AND DISTINGUISHED COLLEAGUE, FOR HIS FRIENDSHIP AND EXCELLENT LEGISLATIVE SERVICE AS HE RETIRES FROM THE SENATE, AND EXTENDING HIM BEST WISHES FOR HAPPINESS AND SUCCESS IN HIS FUTURE ENDEAVORS.

Whereas, the members of the Senate have learned with deep regret that one of the most respected members of this body, Senator John A. Martin from Fairfield, will be retiring from the Senate this year; and

Whereas, John Martin was first elected to the General Assembly as a member of the House in 1951, and began his Senate service in 1953 and after a break in service from 1960 to 1965 has served in the Senate ever since; and

Whereas, we in the General Assembly have known John Martin as a truly dedicated public servant -- hardworking, loyal, friendly, cooperative, and supportive; and

Whereas, he brought to the Senate experience, knowledge, and exceptional ability as a successful lawyer and these attributes served him well in his many varied duties in the Senate, including the Judiciary, Rules, and Banking and Insurance Committees; and

Whereas, John has been one of the most popular and most highly respected South Carolina legislators in recent memory. His love of the Senate, his love for his alma mater, the University of South Carolina, and his interest in preserving all that is good about South Carolina came through in every endeavor he undertook; and

Whereas, he has decided not to seek re-election this year and is therefore retiring from legislative service which is a fact we accept with sadness because his departure from the State House will be a personal loss not only to us but also to the people of South Carolina who have come to know that John Martin of Winnsboro stands for all that is good in government; and

Whereas, we hope that he will not forget us and that he will be happy in all of his endeavors, whether they be on the golf course, in a friendly game of cards, or at a Carolina ball game, following the end of his current legislative term of office; and

Whereas, the members of the Senate, by this resolution, would like to publicly thank him on behalf of the citizens of Fairfield County, the other counties in his district, and the State of South Carolina for all that he has done as a public servant and for his State upon the occasion of his retirement from the General Assembly. Now, therefore,

Be it resolved by the Senate:

That the members of the Senate hereby commend and express their appreciation to the Honorable John A. Martin of Fairfield County, our good friend and distinguished colleague, for his friendship and excellent legislative service as he retires from the Senate, and extend to him best wishes for happiness and success in his future endeavors.

Be it further resolved that a copy of this resolution be presented to the Honorable John A. Martin.

On immediate consideration, the Senate Resolution was adopted.

S. 1615 -- Senators Drummond, Bryan, Cork, Courson, Courtney, Fielding, Giese, Gilbert, Robert W. Hayes, Jr., Helmly, Hinds, Hinson, Holland, Leatherman, Leventis, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Russell, Setzler, Shealy, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Washington and Wilson: A SENATE RESOLUTION TO EXPRESS THE INTENTION OF THE MEMBERS OF THE SENATE TO SUPPORT LEGISLATION DURING THE 1993 LEGISLATIVE SESSION TO PROVIDE FOR A PUBLIC CONFIRMATION PROCESS BY WHICH THE SENATE CONSENTS TO OR REJECTS A NOMINATION MADE BY THE GOVERNOR AND PRESENTED TO THE SENATE.

Whereas, the process by which the Senate conducts certain confidential business in executive session is necessary to enable the Senators to discuss important matters fully without allowing unnecessary outside influences to discredit the discussion process; and

Whereas, the secret manner in which certain business must be conducted should not apply to the confirmation process in which the Senate acts to advise and consent to or reject a nomination made by the Governor; and

Whereas, the information communicated and remarks made by a Senator when acting upon a nomination concerning the character or qualifications of the person nominated and all votes upon the nomination must be made public; and

Whereas, the public's right to know and comment on the results of official scrutiny of persons who seek to place themselves in critical positions of service far outweighs the need for the secret review and discussion of the current confirmation process. Now, therefore,

Be it resolved by the Senate:

That the members of the South Carolina Senate intend to support legislation during the 1993 Legislative Session to provide for a public confirmation process by which the Senate consents to or rejects a nomination made by the Governor and presented to the Senate.

The Senate Resolution was adopted.

H. 4813 -- Rep. Harvin: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA WILDLIFE AND MARINE RESOURCES COMMISSION TO RENAME THE "JOHN C. LAND LANDING" AT THE END OF SOUTH CAROLINA HIGHWAY 260 BELOW THE LAKE MARION DAM AS THE "BORROW PIT LANDING" AND TO RENAME THE "LOG JAM LANDING" ON TAWCAW CREEK ON LAKE MARION AS THE "LOG JAM LANDING-JOHN C. LAND SPORTSFISHING AND BOATING CENTER".

On immediate consideration, the Concurrent Resolution was referred to the Committee on Transportation.

H. 4915 -- Rep. Tucker: A CONCURRENT RESOLUTION TO EXPRESS SYMPATHY TO THE FAMILY OF PERCY OSTEEN, JR., OF ANDERSON.

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

H. 4916 -- Reps. Chamblee, Cooper, P. Harris, Townsend, Tucker and Shirley: A CONCURRENT RESOLUTION TO EXPRESS BEST WISHES TO BETTY M. SMITH, ANDERSON COUNTY TREASURER, UPON HER RETIREMENT.

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

H. 4917 -- Reps. J. Brown, Glover, White, Anderson, Beatty, Byrd, Canty, Foster, Inabinett, Kennedy, Scott, Taylor, Whipper, D. Williams and Cobb-Hunter: A CONCURRENT RESOLUTION TO COMMEND OUR GOOD FRIEND AND DISTINGUISHED COLLEAGUE, DANIEL E. MARTIN, SR. OF CHARLESTON COUNTY, FOR HIS OUTSTANDING SERVICE AS A MEMBER OF THE LEGISLATIVE BLACK CAUCUS AND TO WISH HIM THE BEST IN HIS NEW POSITION AS A CIRCUIT JUDGE.

Whereas, our good friend and distinguished colleague, Daniel E. Martin, Sr. of Charleston County, has decided not to seek re-election from House District 111 in Charleston County; and

Whereas, Representative Martin was recently elected to serve as a circuit court judge; and

Whereas, he has served with great distinction in the General Assembly since being elected to the House in 1984; and

Whereas, presently serving as second Vice-Chairman of the House Judiciary Committee, Mr. Martin has been a strong leader in guiding the committee on complicated issues and in difficult times; and

Whereas, as an outstanding member of the Bar, he has been an invaluable asset to the Legislative Black Caucus in advising its membership on many issues; and

Whereas, through his wise counsel, he has been an active voice for African-American citizens in his district and throughout the State; and

Whereas, he has contributed unselfishly of his time and talents by serving as a member of numerous associations and commissions; and

Whereas, this hard-working and diligent member of the General Assembly will be greatly missed; and

Whereas, his election as a circuit judge will certainly add to the stature of that office by virtue of his outstanding legal knowledge and abilities. Now, therefore,

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

That the members of the General Assembly commend our good friend and colleague, Daniel E. Martin, Sr. of Charleston County, for his outstanding service as a member of the Legislative Black Caucus and wish him the best in his new position as a circuit judge.

Be it further resolved that a copy of this resolution be forwarded to Representative Daniel E. Martin, Sr.

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

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

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

H. 4918 -- Reps. J. Brown, Cobb-Hunter, Glover, White, Anderson, Beatty, Byrd, Canty, Inabinett, Kennedy, D. Martin, Scott, Taylor, Whipper and D. Williams: A CONCURRENT RESOLUTION TO COMMEND OUR GOOD FRIEND AND DISTINGUISHED COLLEAGUE, SAMUEL R. FOSTER OF YORK COUNTY, FOR HIS EXCEPTIONAL SERVICE AS A MEMBER OF THE LEGISLATIVE BLACK CAUCUS AND TO WISH HIM THE VERY BEST IN HIS NEW POSITION ON THE EMPLOYMENT SECURITY COMMISSION.

Whereas, it is with sadness that our colleague, Samuel R. Foster of York County, has decided not to seek re-election from House District 49 in York County; and

Whereas, Representative Foster has been elected to serve on the Employment Security Commission; and

Whereas, he has served with great distinction in the House, currently serving as the Chairman of the House Invitations and Memorial Resolutions Committee; and

Whereas, this hard-working leader has been an active and conscientious voice not only for the State's African-American citizens but for all the people of South Carolina; and

Whereas, his tireless work at the national level has been recognized by his election to serve as second Vice-President of the National Black Caucus of State Legislatures; and

Whereas, his quiet and steady demeanor have led the Legislative Black Caucus through many important and sometimes difficult situations; and

Whereas, Sam Foster has touched all with whom he has come in contact, and his presence will be sorely missed. Now, therefore,

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

That the members of the General Assembly commend our good friend and distinguished colleague, Samuel R. Foster of York County, for his exceptional service as a member of the Legislative Black Caucus and wish him the very best in his new position on the Employment Security Commission.

Be it further resolved that a copy of this resolution be forwarded to Representative Samuel R. Foster.

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

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

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

H. 4920 -- Reps. Sheheen, Boan, Wilkins, Hodges, McElveen, M. Martin, Jennings, Glover, Harwell, Houck, McKay and J. Williams: A CONCURRENT RESOLUTION TO COMMEND OUR GOOD FRIEND AND DISTINGUISHED COLLEAGUE, LeROY E. "TOY" NETTLES, JR. OF FLORENCE COUNTY, FOR HIS OUTSTANDING SERVICE AS A MEMBER OF THE HOUSE OF REPRESENTATIVES AND TO WISH HIM THE BEST IN HIS FUTURE ENDEAVORS.

Whereas, our good friend and distinguished colleague, LeRoy E. "Toy" Nettles, Jr. of Florence County, has decided not to seek re-election from House District 61 in Florence County; and

Whereas, he has served with great distinction in the General Assembly since being elected to the House in 1983; and

Whereas, he is presently serving as Vice-Chairman of the Invitations and Memorial Resolutions Committee and is a member of the House Judiciary Committee; and

Whereas, Mr. Nettles, also known as "Low Man", has been a quiet and guiding force in the affairs of the General Assembly for the past nine years; and

Whereas, this Representative is known for his affinity for fast cars and his inability to stay seated during the legislative session; and

Whereas, he has proclaimed himself the "most eligible single man in the General Assembly"; and

Whereas, his good natured smile and quiet demeanor will create a void that will not easily be forgotten. Now, therefore,

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

That the members of the General Assembly commend our good friend and distinguished colleague, LeRoy E. "Toy" Nettles, Jr. of Florence County, for his outstanding service as a member of the House of Representatives and wish him the best in his future endeavors.

Be it further resolved that a copy of this resolution be forwarded to Representative LeRoy E. Nettles, Jr.

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

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

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

H. 4921 -- Reps. Sheheen, Boan, Wilkins, Waldrop, Hodges, McElveen, M. Martin, Jennings, Nettles and J. Williams: A CONCURRENT RESOLUTION TO COMMEND OUR GOOD FRIEND AND DISTINGUISHED COLLEAGUE, LARRY E. GENTRY OF SALUDA COUNTY, FOR HIS OUTSTANDING SERVICE AS A MEMBER OF THE HOUSE OF REPRESENTATIVES AND TO WISH HIM THE BEST IN HIS FUTURE ENDEAVORS.

Whereas, our good friend and distinguished colleague, Larry E. Gentry of Saluda County, has decided not to seek re-election from House District 39 representing Saluda, Newberry, and Aiken Counties; and

Whereas, this fine gentleman has served with great distinction in the General Assembly since being elected to the House in 1979; and

Whereas, presently serving as First Vice-Chairman of the House Judiciary Committee, serving on the Rules Committee, and serving on the Joint Judicial Screening Committee, he has been a calming force during the discussion of difficult matters; and

Whereas, the "Prince of Poultry", as he is known by his friends, has always had a positive attitude and diligent work ethic when it came to representing his constituents; and

Whereas, Representative Gentry, also known as "the wealthiest man in the General Assembly", cannot only judge his wealth by material things but by the many friends he will leave behind when he vacates these hallowed halls; and

Whereas, while Representative Gentry is known for promoting the special interest of banking and the Trial Bar, his presence will be sorely missed by many. Now, therefore,

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

That the members of the General Assembly commend our good friend and distinguished colleague, Larry E. Gentry of Saluda County, for his outstanding service as a member of the House of Representatives and wish him the best in his future endeavors.

Be it further resolved that a copy of this resolution be forwarded to Representative Larry E. Gentry.

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

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

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

H. 4922 -- Reps. Harrison, Scott, Shissias, Waites, Cromer, Quinn, J. Brown, Byrd, Taylor, Rogers and Corning: A CONCURRENT RESOLUTION TO EXPRESS THE ENTHUSIASTIC SUPPORT OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE CITY OF COLUMBIA, THE METRO SPORTS COUNCIL OF THE GREATER COLUMBIA CHAMBER OF COMMERCE, AND THE COLUMBIA AA EXPANSION COMMITTEE IN THEIR EFFORTS TO BRING A DOUBLE A PROFESSIONAL BASEBALL FRANCHISE TO COLUMBIA, SOUTH CAROLINA.

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

H. 4924 -- Reps. D. Martin, Anderson, D. Williams and J. Brown: A CONCURRENT RESOLUTION REQUESTING THE 44TH QUADRENNIAL SESSION OF THE GENERAL CONFERENCE OF THE AFRICAN METHODIST EPISCOPAL CHURCH MEETING IN JULY IN ORLANDO, FLORIDA, TO FIND THE WAY TO RETURN BISHOP FRED C. JAMES FOR THE PERIOD 1992-1996 TO SERVE AS PRESIDING BISHOP OF THE AFRICAN METHODIST EPISCOPAL CHURCH IN THE STATE OF SOUTH CAROLINA.

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

H. 4925 -- Rep. Beasley: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE LARRY A. MARTIN, OUR GOOD FRIEND AND DISTINGUISHED COLLEAGUE IN THE HOUSE OF REPRESENTATIVES FROM PICKENS COUNTY, FOR HIS FOURTEEN YEARS OF EXEMPLARY SERVICE AND LEADERSHIP IN THE GENERAL ASSEMBLY.

Whereas, the Honorable Larry A. Martin, our good friend and distinguished colleague in the House of Representatives, has represented the citizens of House District Number 4 since 1978; and

Whereas, Larry has served on the Economic Development Committee of the Southern Legislative Conference; and

Whereas, he was listed in Outstanding Young Men of America for 1979, in Who's Who in American Politics for 1981-1982 and 1983-1984, and in Personalities of the South for 1982-1983; and

Whereas, he has been an outstanding and leading member of the House Labor, Commerce and Industry Committee; and

Whereas, his knowledge, dedication, duty, and hard work have combined to make him a superb representative for his constituents, as well as all South Carolinians; and

Whereas, he has indicated his intention not to seek re-election as a member of the House; and

Whereas, we have cherished Larry Martin's friendship and loyalty during the past fourteen years and want him to know that we feel fortunate to have been able to serve with him in the General Assembly. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina, by this resolution, commend the Honorable Larry A. Martin, our good friend and distinguished colleague in the House of Representatives from Pickens County, for his fourteen years of exemplary service and leadership in the General Assembly.

Be it further resolved that a copy of this resolution be forwarded to the Honorable Larry A. Martin of Pickens County.

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

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

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

H. 4927 -- Rep. L. Elliott: A CONCURRENT RESOLUTION TO COMMEND MS. RUBY COLLINS OF MARION COUNTY FOR WINNING THE "SKIPPY RIZER SOUTH CAROLINA HOMEMAKER OF THE YEAR" AWARD, WHICH WILL BE PRESENTED ON JUNE 10, 1992.

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

H. 4928 -- Reps. J. Bailey, Barber, Fulmer, Gonzales, Hallman, Holt, Inabinett, D. Martin, Rama, Whipper and R. Young: A CONCURRENT RESOLUTION TO COMMEND OUR DISTINGUISHED COLLEAGUE, DANIEL E. MARTIN, SR. OF CHARLESTON COUNTY, FOR HIS OUTSTANDING SERVICE AS A MEMBER OF THE GENERAL ASSEMBLY AND TO WISH HIM THE BEST IN HIS NEW POSITION AS A CIRCUIT JUDGE.

Whereas, our distinguished colleague, Daniel E. Martin, Sr. of Charleston County, has decided not to seek re-election from House District 111; and

Whereas, Representative Martin was recently elected to serve as a circuit court judge; and

Whereas, Representative Martin will be an asset to the circuit court as he brings his experience as a former Assistant Solicitor of the Ninth Judicial Circuit and as special homicide prosecutor; and

Whereas, he has served with great distinction in the General Assembly since being elected to the House in 1984; and

Whereas, Representative Martin, as second Vice-Chairman of the House Judiciary Committee, has been a strong leader in guiding the committee on complicated issues and in difficult times; and

Whereas, he has contributed unselfishly of his time and talents by serving as a member of numerous associations and commissions, many of which have benefitted the people of the district he served; and

Whereas, Representative Martin has received numerous awards, including the Alpha Phi Alpha Fraternity, Inc. Distinguished Service Award in recognition of outstanding service to his profession, community, and fraternity and the South Carolina Legislature Certificate of Recognition for outstanding contributions in the fields of community and public affairs; and

Whereas, he has a long and vast history of service to his church and community; and

Whereas, this hard-working and diligent member of the General Assembly will be greatly missed; and

Whereas, he will continue to serve the people of this State as a circuit judge. Now, therefore,

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

That the members of the General Assembly commend our colleague, Daniel E. Martin, Sr. of Charleston County, for his outstanding service as a member of the General Assembly and wish him the best in his new position as a circuit judge.

Be it further resolved that a copy of this resolution be forwarded to Representative Daniel E. Martin, Sr.

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

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

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

H. 4929 -- Reps. Keegan, D. Elliott, and M. Martin: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE KENNETH S. CORBETT OF HORRY COUNTY, OUR GOOD FRIEND AND DISTINGUISHED COLLEAGUE IN THE GENERAL ASSEMBLY, FOR HIS OUTSTANDING AND DEDICATED PUBLIC SERVICE OVER THE PAST FOUR YEARS.

Whereas, the Honorable Kenneth S. Corbett of Myrtle Beach has faithfully represented the citizens of House District Number 107, Horry County, for the past four years; and

Whereas, Ken Corbett has truly been a breath of fresh air in the General Assembly, where he has brought energy, talent, drive, and dedication, constantly seeking to do what is good and right for the people of the State of South Carolina; and

Whereas, his outstanding legal mind and wise counsel have been of great value to his colleagues during his tenure in the House of Representatives; and

Whereas, we have enjoyed immensely serving with him and regret very much that he has decided not to seek re-election in 1992; and

Whereas, we hope Ken will keep us in mind after his current term expires and will often visit the State House in the future to see us. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina, by this resolution, commend the Honorable Kenneth S. Corbett of Horry County, our good friend and distinguished colleague in the General Assembly, for his outstanding and dedicated public service over the past four years.

Be it further resolved that a copy of this resolution be forwarded to Representative Ken Corbett.

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

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

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

H. 4930 -- Rep. Harwell: A CONCURRENT RESOLUTION TO COMMEND OUR COLLEAGUE, MAGGIE WALLACE GLOVER OF FLORENCE COUNTY, FOR HER CONTRIBUTIONS AS A MEMBER OF THE HOUSE OF REPRESENTATIVES AND TO WISH HER THE BEST IN HER FUTURE ENDEAVORS.

Whereas, our colleague, Maggie Wallace Glover of Florence County, has decided not to seek re-election from House District 62; and

Whereas, Ms. Glover has served with distinction in the House since her election in 1989; and

Whereas, Representative Glover has been a hard-working member of the Education and Public Works Committee; and

Whereas, she has served her community, the public and private sectors, her peers, and colleagues by her contributions on the many boards and commissions on which she has served; and

Whereas, she is presently serving on the South Carolina State University Board of Trustees; and

Whereas, her colleagues in the House, by this resolution, and on behalf of her constituents and friends would like to thank her for a job well done and wish her the best in her future endeavors. Now, therefore,

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

That the members of the General Assembly commend our colleague, Maggie Wallace Glover of Florence County, for her contributions as a member of the House of Representatives and wish her the best in her future endeavors.

Be it further resolved that a copy of this resolution be forwarded to Representative Glover.

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

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

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

H. 4934 -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MRS. DOROTHY INEZ MOORER BILTON OF ORANGEBURG COUNTY AND EXTENDING SYMPATHY TO HER FAMILY AND MANY FRIENDS.

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

H. 4935 -- Reps. J. Brown, White, Anderson, Beatty, Byrd, Canty, Foster, Inabinett, Kennedy, D. Martin, Scott, Taylor, Whipper and D. Williams: A CONCURRENT RESOLUTION TO COMMEND OUR GOOD FRIEND AND DISTINGUISHED COLLEAGUE, MAGGIE WALLACE GLOVER OF FLORENCE COUNTY, FOR HER CONTRIBUTION AS A MEMBER OF THE LEGISLATIVE BLACK CAUCUS AND WISH HER THE BEST IN HER FUTURE ENDEAVORS.

Whereas, the members of the General Assembly have learned that our good friend and colleague, Maggie Wallace Glover of Florence County, has decided not to seek re-election from House District 62 in Florence County; and

Whereas, Ms. Glover has served with distinction in the House since her election in 1989; and

Whereas, she has been a dedicated member of the Legislative Black Caucus and has demonstrated her dedication as Secretary to the Caucus; and

Whereas, Representative Glover has been a hard-working member of the Education and Public Works Committee; and

Whereas, she has served her community, the public and private sectors, her peers, and her colleagues by her contributions on the many boards and commissions on which she has served; and

Whereas, she is presently serving on the South Carolina State University Board of Trustees; and

Whereas, the members of the Legislative Black Caucus will greatly miss and wish to thank her for her friendship, wisdom, and leadership. Now, therefore,

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

That the members of the General Assembly commend our good friend and distinguished colleague, Maggie Wallace Glover of Florence County, for her contribution as a member of the Legislative Black Caucus and wish her the best in her future endeavors.

Be it further resolved that a copy of this resolution be forwarded to Representative Glover.

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

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

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

H. 4936 -- Reps. Hallman, J. Bailey, Barber, Fulmer, Gonzales, Holt, Inabinett, D. Martin, Rama, Whipper and R. Young: A CONCURRENT RESOLUTION TO CONGRATULATE AND WISH WELL SENATOR SHERRY SHEALY MARTSCHINK OF CHARLESTON COUNTY ON HER ELECTION TO THE SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION AND TO THANK HER FOR HER CONTRIBUTIONS.

Whereas, Senator Sherry Shealy Martschink has decided not to seek re-election for Senate District 44 in Charleston County; and

Whereas, Senator Martschink was recently elected to serve on the South Carolina Workers' Compensation Commission; and

Whereas, Ms. Martschink has made a significant contribution in her work on the many legislative committees on which she has served; and

Whereas, she presently serves on the Senate Education, Finance, Fish, Game and Forestry, Rules, and Transportation Committees; and

Whereas, she has been an effective and conscientious member of the Senate; and

Whereas, she has been a voice for her constituents and a consummate spokesperson for all South Carolinians; and

Whereas, she has demonstrated her skill in working with people and has served the public in providing exemplary leadership. Now, therefore,

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

That the members of the General Assembly congratulate and wish well Senator Sherry Shealy Martschink of Charleston County on her election to the South Carolina Workers' Compensation Commission and thank her for her contributions.

Be it further resolved that a copy of this resolution be forwarded to Senator Sherry Shealy Martschink.

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

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

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

H. 4937 -- Rep. Sheheen: A CONCURRENT RESOLUTION TO CONGRATULATE THE LUGOFF-ELGIN HIGH SCHOOL BOYS BASEBALL TEAM UPON WINNING THE 3A STATE HIGH SCHOOL BOYS BASEBALL CHAMPIONSHIP THURSDAY, MAY 28, 1992.

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

H. 4938 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF MRS. ZORA ANDERSON BUTLER WHO DIED MAY 19, 1992, IN WINSTON SALEM, NORTH CAROLINA.

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

H. 4912 -- Reps. Klapman, Koon, Wright, Felder, Sturkie, Riser and Sharpe: 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.

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

Senator MARTIN, from the Committee on Banking and Insurance, has polled out H. 4146, with no report:

H. 4146 -- Reps. Wells, McGinnis, Wright, Riser, Canty, Littlejohn, Beatty and Stone: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-287 SO AS TO PROHIBIT AN INSURER, INCLUDING ANY AGENT OR ADJUSTER FOR SUCH INSURER, WHICH ISSUES OR RENEWS IN THIS STATE ANY POLICY OF INSURANCE COVERING, IN WHOLE OR IN PART, ONE OR MORE MOTOR VEHICLES FROM REQUIRING ANY INSURED UNDER THE POLICY TO USE A PARTICULAR COMPANY OR LOCATION FOR THE PROVIDING OF MOTOR VEHICLE GLASS REPLACEMENT OR REPAIR SERVICES OR PRODUCTS INSURED IN WHOLE OR IN PART BY THE POLICY, TO PROVIDE FOR CERTAIN PROCEDURES WHICH MAY BE FOLLOWED AND FOR CERTAIN OTHER PROHIBITED ACTS, TO REQUIRE THE STATE INSURANCE COMMISSION, THROUGH THE DEPARTMENT OF INSURANCE, TO ADMINISTER AND ENFORCE THIS SECTION AND PROMULGATE REGULATIONS, TO PROVIDE FOR A CRIMINAL FINE, AND TO PROVIDE A PROCEDURE FOR THE IMPOSITION OF AN ADMINISTRATIVE FINE BY THE DEPARTMENT OF CONSUMER AFFAIRS UNDER CERTAIN CONDITIONS OR REVOCATION OF BUSINESS LICENSE, OR BOTH.

Williams Moore Giese
Leventis McGill Courtney
Peeler Shealy Matthews
Fielding McConnell Courson

Martin

Ordered for consideration tomorrow.

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

Appointment, Member, Parks, Recreation and Tourism Commission, with term to expire June 27, 1997:

5th Congressional District:

Mr. Charles M. Ingram, Jr., Ingram Insurance and Real Estate, Inc., Post Office Box 591, Cheraw, South Carolina 29520

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

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

2nd Congressional District:

Mr. Verne E. Dooley, 208 North Ridge Road, Columbia, South Carolina 29223

Senator LOURIE, from the Committee on Transportation, submitted a favorable report on:

Appointment, Member, South Carolina Aeronautics Commission, with term to expire October 27, 1995:

6th Congressional District:

Colonel Edsel J. De Ville, 522 Acadian Way, Surfside, South Carolina 29575 VICE Charles L. Appleby, Jr.

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

Appointment, Member, Mental Health Commission, with term to expire March 9, 1997:

4th Congressional District:

Mr. Richard A. Eckstrom, 25 King George Road, Greenville, South Carolina 29615

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

Appointment, Member, South Carolina Commission on Alcohol and Drug Abuse, with term to expire July 20, 1995:

Mrs. Rosemary Hill Byerly, 2411 Clark Road, Inman, South Carolina 29349 VICE Robert T. Thompson, Jr.

Senator MITCHELL, from the Committee on Corrections and Penology, submitted a favorable report on:

Initial Appointment, Member, State Board of Corrections, with term to expire June 1995:

1st Congressional District:

Wilma S. Brown, 68 Cedarhurst Drive, Charleston, South Carolina 29407 VICE Adrian Wright (resigned)

Senator MITCHELL, from the Committee on Corrections and Penology, submitted a favorable report on:

Reappointment, Member, State Board of Corrections, with term to expire July 1, 1998:

4th Congressional District:

Mr. Milton Alfred Smith, Post Office Drawer 5587, Spartanburg, South Carolina 29302

Senator SETZLER, from the Committee on Education, submitted a favorable report on:

Appointment, Member, State Board for Technical and Comprehensive Education, with term to expire July 1, 1996:

6th Congressional District:

Mr. Russell C. King, Jr., President, Sonoco Products Company, Post Office Box 160, Hartsville, South Carolina 29550 VICE Margaret Licia Stone (resigned)

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

Appointment, Director, State Workers Compensation Fund, with term to expire June 11, 1998:

Mr. Irvin D. Parker, 2712 Wilmot Avenue, Columbia, South Carolina 29205

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

Initial Appointment, Member, Southeast Interstate Low-level Radioactive Waste Management Compact Commission, with term to expire coterminous with the Governor:

At-Large:

Mr. Carl Roberts, Jr., Office of the Governor, 330 Edgar Brown Building, 1205 Pendleton St., Columbia, South Carolina 29201 VICE John McMillan

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

Appointment, Member, Hearing Aid Dealers and Fitters Commission, with term to expire September 30, 1995:

Public Member:

Mr. Jim E. Loughlin, 1804 Robin Crest Drive, West Columbia, South Carolina 29169

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

Appointment, Member, Board of Examiners for Nursing Homes and Community Residential Care Facility Administrators, with term to expire December 31, 1992:

Mr. William H. Bundy, Chester County Hospital and Nursing Center, Inc., Post Office Box 2001, Chester, South Carolina 29706

Senator MITCHELL, from the Committee on Corrections and Penology, submitted a favorable report on:

Appointment, Member, Juvenile Parole Board, with term to expire June 30, 1995:

At-Large:

Ms. Emma D. Holmes, Route 1, Box 92, Georgetown, South Carolina 29440 VICE Clifford Mays

Senator SETZLER, from the Committee on Education, submitted a favorable report on:

Appointment, Member, State Commission on Higher Education, with term to expire July 26, 1993:

At-Large:

Mr. R. Austin Gilbert, Jr., Post Office Box 3009, Florence, South Carolina 29501 VICE Lewis Phillips term which expired July 1, 1989

At 3:15 P.M., Senator WILLIAMS asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying acts upon receipt of a Message from the House indicating that the Report of the Committee of Free Conference to H.3044 (the General Appropriation Bill) had been adopted by the House of Representatives.

There was no objection and a message was sent to the House accordingly.

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

The House returned the Bill with amendments.

Senator PASSAILAIGUE explained the amendment.

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. 1162 -- Senator Drummond: A BILL TO AMEND SECTION 50-20-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRED STAMPS AND PERMITS UNDER THE RECREATIONAL FISHERIES CONSERVATION AND MANAGEMENT ACT OF 1991, SO AS TO DECREASE CERTAIN CHARTER VESSEL PERMIT FEES.

The House returned the Bill with amendments.

On motion of Senator DRUMMOND, 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. 1169 -- Senators Giese, Moore, Fielding, Patterson, Wilson, O'Dell, Courson, Shealy, Drummond and McGill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 IN CHAPTER 3 OF TITLE 41, RELATING TO THE DEPARTMENT AND COMMISSIONER OF LABOR SO AS TO CREATE WITHIN THE DEPARTMENT OF LABOR THE ATHLETIC REGULATION DIVISION AND TO DEVOLVE ON THE DIVISION THE DIRECTION, MANAGEMENT, CONTROL, AND SUPERVISION OF BOXING, WRESTLING, AND SPARRING EVENTS, EXHIBITIONS, CONTESTS, AND PERFORMANCES FORMERLY EXERCISED BY THE STATE ATHLETIC COMMISSION, INCLUDING CRIMINAL AND CIVIL PENALTIES FOR VIOLATIONS; TO AMEND SECTIONS 52-7-10, 52-7-15, AS AMENDED, 52-7-20, AS AMENDED, AND 52-7-30, AND 52-7-310, AS AMENDED, RELATING TO THE CREATION, POWERS, AND DUTIES OF THE STATE ATHLETIC COMMISSION AND COUNTY ATHLETIC COMMISSIONS, SO AS TO REESTABLISH THE BODY AS ADVISORY TO THE COMMISSIONER OF LABOR AND ELIMINATE THE OFFICE OF CHIEF ATHLETIC COMMISSIONER; AND TO PROVIDE THAT COUNTY ATHLETIC COMMISSIONERS ARE APPOINTED BY THE COMMISSIONER OF LABOR RATHER THAN THE GOVERNING BODY OF THE COUNTY, TO PROVIDE THAT THE COMMISSIONER SHALL DESIGNATE THE FUNCTIONS OF COUNTY COMMISSIONS, AND TO PROVIDE THAT CURRENT COUNTY COMMISSIONERS SHALL CONTINUE TO SERVE UNTIL THE EXPIRATION OF THEIR TERMS; TO CONTINUE IN EFFECT REGULATIONS PROMULGATED BY THE STATE ATHLETIC COMMISSION; AND TO REPEAL SECTIONS 52-7-25, 52-7-40, 52-7-50, 52-7-60, 52-7-70, 52-7-75, 52-7-80, 52-7-90, 52-7-100, 52-7-110, 52-7-120, 52-7-130, 52-7-140, AND 52-7-150, RELATING TO THE REGULATION OF BOXING, WRESTLING, AND SPARRING BY THE STATE ATHLETIC COMMISSION.

The House returned the Bill with amendments.

On motion of Senator GIESE, 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. 1273 -- Senators Leventis, Moore, Peeler, Courtney, Drummond, O'Dell, Courson, Washington, Mullinax, Nell W. Smith, Setzler, Matthews, Saleeby, Lourie, Wilson, Robert W. Hayes, Jr., Passailaigue, Russell, Giese, Thomas, Bryan, McGill, Rose, Patterson, Fielding and Gilbert: A BILL TO ENACT THE SOUTH CAROLINA ENERGY CONSERVATION AND EFFICIENCY ACT OF 1992; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 52 TO TITLE 48 SO AS TO ESTABLISH A STATE ENERGY POLICY, TO ADOPT THE PLAN FOR THE STATE ENERGY POLICY, TO ESTABLISH THE STATE ENERGY OFFICE WITHIN THE BUDGET AND CONTROL BOARD, TO PROVIDE FOR THE POWERS AND DUTIES OF THIS OFFICE, TO ESTABLISH AN ADVISORY COUNCIL, TO REQUIRE THE STATE ENERGY OFFICE TO DEVELOP AND OVERSEE COMPLIANCE WITH ENERGY CODE STANDARDS FOR STATE GOVERNMENT BUILDINGS, TO REQUIRE STATE AGENCIES AND PUBLIC SCHOOL DISTRICTS TO SUBMIT TO THE ENERGY OFFICE FOR APPROVAL ENERGY CONSERVATION PLANS AND GOALS AND TO REQUIRE REPORTING, TO PROVIDE FOR FINANCIAL INCENTIVES TO FACILITATE THE PURCHASE OF ENERGY EFFICIENCY PRODUCTS BY STATE AGENCIES, INCLUDING AN EXCEPTION TO THE SOUTH CAROLINA PROCUREMENT CODE, TO PROVIDE THAT THE SOUTH CAROLINA ENERGY RESEARCH AND DEVELOPMENT CENTER, THE STATE ENERGY CONSERVATION PROGRAM, THE ENERGY EXTENSION SERVICE, AND THE INSTITUTIONAL CONSERVATION PROGRAMS ARE TRANSFERRED TO THE STATE ENERGY OFFICE, AND TO PROVIDE THAT PERSONNEL AND FUNDING FOR THE STATE ENERGY OFFICE MUST BE DERIVED FROM EXISTING STATE GOVERNMENT PERSONNEL SLOTS AND FINANCIAL RESOURCES AVAILABLE TO THE STATE; BY ADDING SECTION 40-29-85 SO AS TO REQUIRE THE STATE ENERGY OFFICE TO PROVIDE ENERGY EFFICIENCY STANDARDS LABELS TO THE SOUTH CAROLINA MANUFACTURED HOUSING BOARD TO BE PLACED ON MANUFACTURED HOMES; BY AMENDING SECTION 6-10-30, RELATING TO ENERGY EFFICIENCY BUILDINGS CODES, SO AS TO REVISE THE MINIMUM THERMAL RESISTANCE RATINGS IN ONE AND TWO FAMILY DWELLINGS; BY AMENDING SECTION 12-36-2110, AS AMENDED, RELATING TO THE CALCULATION OF SALES TAX ON MOBILE HOMES, SO AS TO INCREASE FROM ONE TO TWO THE PERCENTAGE FOR CALCULATING THE SALES TAX ON THE COST OF A MANUFACTURED HOME IN EXCESS OF SIX THOUSAND DOLLARS AND TO EXEMPT A HOME THAT MEETS CERTAIN ENERGY EFFICIENCY REQUIREMENTS FROM THIS TAX; BY AMENDING SECTION 40-29-240, RELATING TO VIOLATIONS AND PENALTIES FOR VIOLATIONS OF THE UNIFORM STANDARDS CODE FOR MANUFACTURED HOUSING, SO AS TO INCLUDE A VIOLATION FOR FAILURE TO PROPERLY DISPLAY THE ENERGY EFFICIENCY LABEL REQUIRED BY SECTION 40-29-85; BY ADDING SECTION 58-27-240 SO AS TO REQUIRE THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION TO ADOPT PROCEDURES AND PROVIDE INCENTIVES THAT ENCOURAGE ELECTRICAL AND GAS UTILITIES TO INVEST IN COST-EFFECTIVE ENERGY EFFICIENT TECHNOLOGIES AND ENERGY CONSERVATION PROGRAMS; BY ADDING SECTION 58-27-250 SO AS TO REQUIRE ANNUAL REPORTING TO THE GENERAL ASSEMBLY ON DEMAND-SIDE ACTIVITIES AND PURCHASING POWER OF ELECTRIC UTILITIES; BY ADDING SECTION 58-27-260 SO AS TO REQUIRE ELECTRICAL UTILITIES AND THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY TO PREPARE INTEGRATED RESOURCE PLANS; BY AMENDING SECTION 58-27-10, RELATING TO DEFINITIONS PERTAINING TO ELECTRIC UTILITIES AND ELECTRIC COOPERATIVES, SO AS TO DEFINE "DEMAND-SIDE ACTIVITIES"; BY ADDING SECTIONS 57-1-130 AND 57-1-140 SO AS TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO EXPEND ANNUALLY ONE PERCENT OF ITS TOTAL STATE APPROPRIATION ON PUBLIC TRANSPORTATION AND TO DETERMINE THE FEASIBILITY OF INCLUDING HIGH OCCUPANCY VEHICLE LANES, PEDESTRIAN WALKWAYS, AND BICYCLE PATHS IN NEW HIGHWAY CONSTRUCTION; BY AMENDING SECTION 1-11-310, RELATING TO THE STATE MOTOR VEHICLE FLEET, SO AS TO PROVIDE REQUIREMENTS FOR THE TYPES OF VEHICLES THAT MAY BE PURCHASED FOR THIS FLEET AND FOR LAW ENFORCEMENT PURPOSES; BY AMENDING SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO DELETE THE EXEMPTION FOR FUEL ETHANOL BLENDS AND TO ADD AN EXEMPTION FOR CLEAN ALTERNATIVE TRANSPORTATION FUELS; BY AMENDING SECTION 44-96-40, RELATING TO DEFINITIONS IN THE SOLID WASTE MANAGEMENT ACT, SO AS TO REVISE THE DEFINITION OF "MOTOR OIL" AND "SIMILAR LUBRICANTS"; BY AMENDING SECTION 44-96-160, RELATING TO USED OIL REQUIREMENTS, SO AS TO PROVIDE A TAX CREDIT TO A RETAILER OF MOTOR OIL WHO MAINTAINS AN OIL COLLECTION CENTER OF EIGHT CENTS A GALLON FOR OIL RETURNED TO A LICENSED USED OIL TRANSPORTER OR USED OIL RECYCLING FACILITY, TO EXEMPT A USED OIL COLLECTION CENTER FROM CERTAIN REPORTING REQUIREMENTS WHEN IT RECEIVES LESS THAN FIVE GALLONS OF OIL AT A TIME, TO REMOVE THE EIGHT-CENT TAX ON MOTOR OIL FROM WHOLESALE SALES AND PLACE ON RETAIL SALES, AND TO PROVIDE UP TO FIVE HUNDRED DOLLARS CREDIT TO RETAILERS WHO MAINTAIN A USED OIL COLLECTION CENTER FOR EQUIPMENT USED IN THE OIL COLLECTION PROCESS; BY AMENDING SECTION 48-1-10, RELATING TO DEFINITIONS IN THE POLLUTION CONTROL ACT, SO AS TO REVISE THE DEFINITION OF "SOURCE" TO INCLUDE MOTOR VEHICLES AND TO DEFINE "MOTOR VEHICLE"; BY AMENDING SECTION 58-25-30, AS AMENDED, RELATING TO CREATION OF A REGIONAL TRANSPORTATION AUTHORITY, SO AS TO PROVIDE THAT A REFERENDUM IS NOT REQUIRED UNLESS A NEW SOURCE OF REVENUE IS IMPOSED; BY AMENDING SECTION 58-25-40, AS AMENDED, RELATING TO THE APPOINTMENT OF MEMBERS OF THE BOARD OF THE AUTHORITY, SO AS TO PROVIDE THAT THE MEMBERSHIP OF THE GOVERNING BOARD MUST BE APPORTIONED ACCORDING TO POPULATION; BY AMENDING SECTION 58-25-50, RELATING TO THE POWERS AND DUTIES OF THE AUTHORITY, SO AS TO AUTHORIZE AND DIRECT THE AUTHORITY TO COORDINATE PUBLIC TRANSPORTATION SERVICES BEING PROVIDED BY ENTITIES UTILIZING STATE FUNDS OR STATE-ADMINISTERED FUNDS; BY AMENDING SECTION 58-25-60, RELATING TO SOURCES OF FUNDING FOR THE AUTHORITY, SO AS TO AUTHORIZE ADDITIONAL SOURCES OF FUNDING; TO CREATE AN ALTERNATIVE TRANSPORTATION FUELS STUDY COMMITTEE AND TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES; TO DIRECT THE JOINT LEGISLATIVE COMMITTEE ON ENERGY TO ESTABLISH A TASK FORCE TO STUDY THE FEASIBILITY OF INCREASED PUBLIC RAIL TRANSPORTATION IN SOUTH CAROLINA; AND TO DIRECT THE DIVISION OF MOTOR VEHICLE MANAGEMENT OF THE STATE BUDGET AND CONTROL BOARD TO DETERMINE THE ABILITY TO USE ALTERNATIVE FUELS FOR THE STATE VEHICLE FLEET AND TO BEGIN USING THESE FUELS BY JUNE 1, 1993.

The House returned the Bill with amendments.

Senator HINDS explained the amendment.

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. 1352 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 6-11-435 AND 6-11-455 AND TO AMEND SECTIONS 6-11-440 AND 6-11-470, RELATING TO NOTICE REQUIREMENTS REQUIRED BY A COUNTY COUNCIL WHEN THE BOUNDARY OF A DISTRICT IS ALTERED, SO AS TO PROVIDE A PROCEDURE FOR CONSOLIDATING AND ENLARGING SPECIAL PURPOSE DISTRICTS WHERE THE CONSOLIDATION ENLARGEMENT RESULTS IN AN OVERLAPPING POLITICAL SUBDIVISION AUTHORIZED TO PROVIDE LIKE SERVICES.

The House returned the Bill with amendments.

Senator BRYAN explained the amendment.

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. 1491 -- Senators Wilson and Rose: A BILL TO AMEND TITLE 56, CHAPTER 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 49 SO AS TO PROVIDE FOR SPECIAL LICENSE PLATES FOR SOUTH CAROLINA FIREFIGHTERS.

The House returned the Bill with 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. 1603 -- Senator Lourie: A CONCURRENT RESOLUTION TO EXPRESS THE BELIEF OF THE GENERAL ASSEMBLY THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND THE SOUTH CAROLINA COASTAL COUNCIL IN MAKING CERTIFICATIONS TO THE SECRETARY OF THE ARMY UNDER THE FEDERAL CLEAN WATER ACT THAT NATIONWIDE PERMITS ISSUED BY HIM ARE CONSISTENT WITH THIS STATE'S WATER QUALITY STANDARDS AND PLANS SHOULD ONLY CONSIDER CRITERIA PROVIDED IN THE FEDERAL CLEAN WATER ACT.

The House returned the Concurrent Resolution with amendments.

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

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

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

The House returned the Bill with amendments.

Senator BRYAN explained the amendment.

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. 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.

The House returned the Bill with 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.

H. 4291 -- Reps. A. Young, Fulmer, H. Brown, Rama, G. Bailey, Hallman, R. Young, Wofford, Haskins, Wells, Gentry, Felder, Whipper, Gonzales, Vaughn, Meacham, Cooper, Baker, Fair, Cato, Waldrop and Kirsh: A BILL TO AMEND SECTION 61-3-490, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE OF INTENTION TO APPLY FOR AN ALCOHOLIC LIQUOR LICENSE, SECTION 61-5-50, RELATING TO THE GRANTING OF A LICENSE, AND SECTION 61-9-320, RELATING TO THE QUALIFICATIONS FOR A BEER OR WINE PERMIT, SO AS TO REVISE THE NOTICE REQUIREMENTS FOR LICENSES AND PERMITS TO MAKE THEM CONSISTENT AND PROVIDE FOR PUBLICATION OF NOTICE IN A LOCAL NEWSPAPER PUBLISHED IN THE AREA.

The House returned the Bill with amendments.

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

S. 1607 -- Senators Lourie, Patterson, Courson and Giese: A CONCURRENT RESOLUTION TO EXPRESS SYMPATHY TO THE FAMILY OF A. P. WILLIAMS, JR., OF COLUMBIA.

Returned with concurrence.

Received as information.

S. 1613 -- Senators Williams, Russell, Bryan, Carmichael, Cork, Courson, Courtney, Drummond, Fielding, Giese, Gilbert, Robert W. Hayes, Jr., Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Reese, Rose, Saleeby, Setzler, Shealy, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Washington and Wilson: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE EXCELLENT LEGISLATIVE SERVICE AND THE FRIENDSHIP OF THE HONORABLE THOMAS H. POPE, III, OF NEWBERRY COUNTY.

Returned with concurrence.

Received as information.

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

The following Bills and Joint Resolutions 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. 4462 -- Rep. McLeod: A BILL TO AMEND ACT 643 OF 1980, AS AMENDED, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES FOR SUMTER COUNTY SCHOOL DISTRICT 2 AND TO AMEND ACT 741 OF 1990, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES FOR SUMTER COUNTY SCHOOL DISTRICT 17, SO AS TO REAPPORTION THE ELECTION AREAS FROM WHICH THESE TRUSTEES ARE ELECTED.

(By prior motion of Senator LEVENTIS)

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.

(By prior motion of Senator MOORE)

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 WITH 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".

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

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.

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

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.

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

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.

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

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.

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

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.

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

H. 4774 -- Reps. Hallman, Barber, Inabinett, Holt, Fulmer, Rama, D. Martin, Whipper, J. Bailey, Kirsh and R. Young: A BILL TO AMEND SECTION 51-13-720, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT AND TERMS OF THE MEMBERS OF THE PATRIOT'S POINT AUTHORITY, SO AS TO PROVIDE FOR THE COMPOSITION OF THE AUTHORITY AND TO TERMINATE THE TERMS OF THE MEMBERS SERVING ON THE EFFECTIVE DATE OF THIS ACT AND PROVIDE THAT THE GOVERNOR SHALL APPOINT THE MEMBERS AS PROVIDED FOR IN SECTION 51-13-720, AS AMENDED BY THIS ACT.

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

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

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.

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

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.

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

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

H. 3269 -- Reps. Kirsh, McTeer and D. Elliott: A BILL TO AMEND SECTIONS 12-36-120, 12-36-910, 12-36-920, 12-36-930, 12-36-2120, 12-36-2560, AND 12-36-2650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO MAKE TECHNICAL CORRECTIONS; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 12-36-560, 12-36-570, 12-36-1730, 12-36-1740, 12-36-2660, AND 12-36-2670, SO AS TO PROVIDE CRIMINAL AND CIVIL PENALTIES FOR VIOLATIONS RELATING TO RETAIL LICENSES AND THE CASUAL EXCISE TAX, TO PROVIDE FOR ENFORCEMENT, AND AUTHORIZE THE MEMBERS OF THE TAX COMMISSION OR THEIR DESIGNEES TO ADMINISTER OATHS OR TAKE ACKNOWLEDGMENTS.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the Amendment No. 2 (JIC\5721.HC) proposed by Senator MACAULAY and previously printed in the Journal of June 2, 1992.

On motion of Senator MOORE, with unanimous consent, Amendment No. 2 was carried over.

Senator MOORE spoke on the Bill.

Senator MACAULAY proposed the following Amendment No. 2 (JIC\5721.HC), which was tabled.

Senator MACAULAY explained the amendment.

At 2:52 P.M., Senator MACAULAY made the point that a quorum was not present. It was ascertained that a quorum was present. The Senate resumed.

Senator BRYAN moved to lay the amendment on the table.

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

Bryan Cork Courtney
Fielding Gilbert Leventis
Lourie Martschink Mullinax
Passailaigue Pope Shealy
Smith, N.W. Washington Williams

Courson Giese Hayes, R.W.
Holland Macaulay McConnell
McGill Peeler Reese
Rose Russell Thomas
Wilson

The amendment was laid on the table.

I previously voted in favor of this exemption. While I still support it, the primary purpose of the Bill is too significant to be lost. If this amendment were adopted, the Bill would be killed.

Senators PASSAILAIGUE and NELL W. SMITH proposed the following Amendment No. 8 (RES3269.006), which was tabled:

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

/SECTION . Section 12-36-910 of the 1976 Code is amended to read as follows:

"Section 12-36-910.(A) A sales tax, equal to five percent of the gross proceeds of sales, is imposed upon every person engaged or continuing within this State in the business of selling tangible personal property at retail.

(B) The sales tax also applies to the:

(1) gross proceeds accruing or proceeding from the business of providing or furnishing any laundering, dry cleaning, dyeing, or pressing service, but does not apply to the gross proceeds derived from coin-operated laundromats and dry cleaning machines;

(2) gross proceeds accruing or proceeding from the sale of electricity;

(3) gross proceeds accruing or proceeding from the charges for the ways or means for the transmission of the voice or messages, including the charges for use of equipment furnished by the seller or supplier of the ways or means for the transmission of the voice or messages;

(4) fair market value of tangible personal property manufactured within this State, and used or consumed within this State by the manufacturer.

(C) The sales tax imposed pursuant to this section shall not apply to the gross proceeds on the sale of unprepared food. However, such tax shall apply to food deemed to be a `restaurant meal'. A `restaurant meal' means food prepared for sale on the premises of a restaurant, coffeeshop, cafeteria, short-order cafe, luncheonette, grill, sandwich shop, soda fountain, tavern, cocktail lounge, nightclub, roadside stand, or barbecue establishment, and includes meals prepared for sale on the premises of an organization or institution routinely serving food."/

Renumber sections to conform.

Amend title to conform.

Senator PASSAILAIGUE explained the amendment.

Senator POPE moved to lay the amendment on the table.

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

Bryan Courtney Drummond
Fielding Giese Gilbert
Hayes, R.W. Hinds Holland
Leventis McGill Moore
Mullinax Pope Shealy
Smith, J.V. Smith, N.W. Washington
Williams

Cork Courson Macaulay
Martschink McConnell Mitchell
Passailaigue Peeler Reese
Rose Russell Setzler
Thomas Wilson

The amendment was laid on the table.

Senator PASSAILAIGUE proposed the following Amendment No. 9 (RES3269.01), which was withdrawn:

Amend the bill, as and if amended, page 5, before SECTION 13, by adding a new appropriately numbered SECTION to read:

/SECTION . Notwithstanding any other provision of law enacted during the 1992 Session of the General Assembly, any funds transferred from the trust funds established under the provisions of Sections 12-27-60 and 12-27-70 of the 1976 Code, as amended, to the general fund of the State or any other fund are and shall be deemed as a one-time non-recurring transfer of funds./

Renumber sections to conform.

Amend title to conform.

Senator PASSAILAIGUE explained the amendment.

Senator PASSAILAIGUE withdrew 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. 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.

Senator MOORE 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 General Committee.

The amendment proposed by the General Committee (GEN3408.001) was adopted as follows:

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

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

Section 39-55-15. The provisions of this chapter are known and may be cited as the `South Carolina Cemetery Act.'

Section 39-55-25. It is found to be necessary in the public interest that cemeteries, burial grounds, and any agreement or contract which has for a purpose the furnishing or delivering of any person, property, or merchandise of any nature in connection with the final disposition of a dead human body, must be subject to sufficient regulation by the State to ensure that sound business practices are followed by all entities subject to the provisions of this chapter.

Section 39-55-35. As used in this chapter, unless otherwise stated or unless the context clearly indicates otherwise:

1. `Board' means the South Carolina Cemetery Board.

2. `Cemetery' means a place used, dedicated, or designated for cemetery purposes including any one or combination of:

(a) perpetual care cemeteries;

(b) burial parks for earth interment;

(c) mausoleums;

(d) columbariums.

3. `Cemetery company' means any legal entity that owns or controls cemetery lands or property and conducts the business of a cemetery, including all cemeteries owned and operated by cemetery sales organizations or cemetery management organizations or any other legal entity.

4. `Columbarium' means a structure or building substantially exposed aboveground intended to be used for the interment of the cremated remains of a deceased person.

5. `Grave space' means a space of ground in a cemetery intended to be used for the interment in the ground of the remains of a deceased person.

6. `Human remains' or `remains' means the body of a deceased person and includes the body in any stage of decomposition.

7. `Mausoleum' means a structure or building substantially exposed aboveground, intended to be used for the entombment of the remains of a deceased person.

8. `Perpetual care' means the maintenance and the reasonable administration of the cemetery grounds and buildings in keeping with a properly maintained cemetery. In the event that a cemetery offers perpetual care for some designated sections of its property but does not offer perpetual care to other designated sections, the cemetery must be considered a perpetual care cemetery for the purposes of this chapter.

9. `Person' means an individual, corporation, partnership, joint venture, or association.

10. `Vault' means a crypt or underground receptacle which is used for interment in the ground and is designed to encase and protect caskets or similar burial devices. For the purposes of this chapter a vault is a preneed item until delivery to the purchaser at the selling cemetery.

11. `Memorial' means a bronze marker set approximately level with the turf for the purpose of identification, or interchanged to mean upright markers in garden sections which are plotted and specified for the use of upright markers. The term `marker' is herein interchanged with the term `memorial'.

12. `Merchandise' means items used in connection with grave space, niches, mausoleum crypts, granite, memorials, or vaults; provided, however, merchandise shall expressly exclude burial caskets, clothing, cremation urns, professional services, facilities used for preparation, viewing, or services, and automotive equipment and transportation. Items expressly excluded under the definition of merchandise in this provision shall be governed by Chapter 7 of Title 32.

13. `Trust institution' means any state or national bank, state or federal savings and loan association, or trust company authorized to act in a fiduciary capacity in this State.

Section 39-55-45. For the purposes of administering the provisions of this chapter, there is established a South Carolina Cemetery Board with the power and duty to promulgate regulations to carry out the provisions of this chapter.

Section 39-55-55. The board consists of ten members, seven of whom must be appointed by the Governor. The Secretary of State, the Administrator of the Department of Consumer Affairs and the Attorney General or their designees are nonvoting members ex officio. Two appointed members must be public members who have no financial interest in and are not involved in the management of a cemetery or funeral related business, four members must be owners or managers of cemeteries in this State who may be selected from nominees submitted by the South Carolina Cemetery Association, and one member must be a monument dealer in this State who may be selected from nominees submitted by the Monument Builders of the Carolinas. Of the seven appointed members, three of the initial board must be appointed for a term of two years, two for a term of three years, and two for a term of four years. At the end of their respective terms, successors must be selected in the same manner and appointed for terms of four years and until their successors are appointed and qualify. Nominations for appointment may be received by the Governor from an individual, a group, or an association in this State. An appointment to fill a vacancy on the board is for the balance of the unexpired term in the manner of the original appointment.

Section 39-55-65. The board shall elect annually a chairman, vice-chairman, and a secretary-treasurer. Notice of all regular meetings may be advertised in three newspapers having general circulation in the State ten or more days in advance of the meetings. Each member of the board shall receive the usual mileage, per diem, and subsistence as provided by law for members of state boards, committees, and commissions. All expenses of the board must be paid from fees received by the board.

Section 39-55-75. The board must meet at least semiannually and may hold special meetings at any time and place within the State at the call of the chairman or upon written request of at least four members.

Section 39-55-85. The board shall prepare an annual budget and shall collect the sums of money required for the budget from yearly fees and any other sources provided for in this chapter. On or before July first of each year, each licensed cemetery shall pay a license fee of at least one hundred dollars.

Section 39-55-95. (A) No legal entity may engage in the business of operating a cemetery company, except as authorized by this chapter, without first obtaining a license from the board.

(B) A legal entity wishing to establish a cemetery shall file a written application for authority to do so with the board on forms prescribed and provided by it.

(C) Upon receipt of the application and a nonrefundable filing fee of at least four hundred dollars the board shall cause an investigation to be made to establish the following criteria for approval of the application:

(1) creation of a legal entity to conduct a cemetery business and the proposed financial structure;

(2) establishment and maintenance of an irrevocable care and maintenance trust fund agreement with a trust institution doing business in this State, with an initial deposit of not less than fifteen thousand dollars and a bank cashier's or certified check attached for the amount and payable to the trustee with the trust executed by the applicant and accepted by the trustee, conditioned only upon the approval of the application;

(3) presentation of a plat of the land to be used for a cemetery showing the county or municipality and the names of roads and access streets or ways;

(4) designation by the legal entity, wishing to establish a cemetery, of a general manager who must be a person having had not less than one year's experience in the cemetery business;

(5) presentation of development plans sufficient to ensure the community that the cemetery will provide adequate cemetery services and that the property is suitable for use as a cemetery.

(D) The board, after receipt of the investigating report and within ninety days after receipt of the application, shall grant or refuse to grant the authority to organize a cemetery.

(E) If the board intends to deny an application, it shall give written notice to the applicant of its intention to deny. The notice must state a time and place for a hearing before the board and a summary statement of the reasons for the proposed denial. The notice of intent must be mailed by certified mail to the applicant at the address stated in the application at least fifteen days before the scheduled hearing date. An appeal from the board's decision is to the circuit court.

(F) If the board intends to grant the authority it shall give written notice that the authority to organize a cemetery has been granted and that a license to operate will be issued upon the completion of the following:

(1) establishment of the irrevocable care and maintenance trust fund and receipt by the board of a certificate from the trust institution certifying receipt of the initial deposit required under this chapter;

(2) development, ready for burial, of not less than two acres, certified by inspection of the board or its representative;

(3) presentation of a description, by metes and bounds, of the acreage tract of the proposed cemetery, with evidence, by title insurance policy or certificate or certification by an attorney at law, that the applicant is the owner in fee simple of the tract of land, which must contain not less than thirty acres and that the fee simple title of the tract of not less than thirty acres is free and clear of encumbrances. In counties with a population of less than thirty-five thousand inhabitants according to the latest official United States census the tract needs to be only fifteen acres.

(4) submission to the board for its approval a copy of regulations defined in Section 39-55-130.

Section 39-55-100. (A) Where the excavation can be accomplished without drilling or the use of equipment other than a shovel, funeral vaults must be at least ten inches below the earth's surface. As used in this section, "funeral vaults" means caskets, grave liners, or other outer burial containers. It does not include markers, monuments, or crypts constructed in a mausoleum or columbarium. (B) This section does not apply to cemeteries located in the coastal/lowland areas which are subject to tidal or surface flooding or have a high-level water table, except that vaults may be placed level with the ground in coastal/lowland cemeteries where the water table is at least two feet below ground level and which cemeteries are not subject to tidal or surface water flooding. (C) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days.

Section 39-55-105. In any case where a person proposes to purchase or acquire control of an existing cemetery either by purchasing the outstanding capital stock of any cemetery company or the interest of the owner and, thereby to change the control of the cemetery company, the person must make application on a form prescribed and provided by the board for a license change. The application shall contain the name and address of the proposed new owner. The application for a license change must be accompanied by an initial filing fee of one hundred dollars to cover an investigation, if required.

Section 39-55-115. (A) In addition to other powers and duties conferred by this chapter upon the board, it also has the following:

(1) examine the licensee's records and, if the board considers it advisable, assess applicable fees provided for in this chapter or by regulation;

(2) investigate, upon its own initiative or upon a verified complaint in writing, the actions of a person engaged in the business or acting in the capacity of a licensee under this chapter. A license may be revoked or suspended by the board for not more than two years or until compliance with a lawful order imposed in the final order of suspension, or both, if the licensee in performing or attempting to perform acts specified in this chapter:

(a) fails to pay the required fees;

(b) fails to make required reports;

(c) fails to remit to the care and maintenance trust fund or merchandise trust fund the required amounts;

(d) makes a substantial misrepresentation;

(e) makes a false statement likely to influence or persuade;

(f) continually and flagrantly misrepresents or makes false promises through cemetery agents or salesmen;

(g) violates this chapter or regulations promulgated by the board; or

(h) acts in a manner which constitutes fraud or dishonest dealing, whether of the same or a different character than specified in this section.

When the board finds it necessary to bring an action in the name of the State in the circuit court of the county in which the licensed place of business is located against a person who is the director, the owner, or an officer of a cemetery company to enjoin the person from engaging in or continuing a violation of this chapter or regulations or orders promulgated pursuant to it. In an action of this nature an order or judgment may be entered by the court awarding a temporary restraining order, temporary injunction, or permanent injunction. Before this action may be brought, the board shall give the person at least thirty days' notice in writing stating the alleged violation and giving the person an opportunity within that period to correct the violation or to request by certified mail a hearing before the board. In addition to other powers under law governing the issuance and the enforcement of a temporary restraining order, temporary injunction, or a permanent injunction, the court has the power and jurisdiction to impound and appoint a receiver for the property and business of the person, including books, papers, documents, and records, or so much of these as the court considers reasonably necessary to prevent further violation of this chapter or of regulations or orders promulgated pursuant to it through or by means of the use of the property and business. The board may institute proceedings against the cemetery or its officers or owners where, after an examination, pursuant to this chapter, a shortage in the care and maintenance trust fund is discovered so as to recover the shortage. The board in its discretion may enter into a written compliance agreement requiring the cemetery or its offices or owners to fund the discovered shortage within a certain time in the discretion of the board. The time may not exceed two years after the discovery of the shortage.

(B) The Administrative Procedures Act applies to proceedings under this chapter for the revocation or suspension of licenses.

Section 39-55-125. (A) A record must be kept of every lot owner and every burial in the cemetery showing the date of purchase, date of burial, name of the person buried and of the lot owner, and space in which the burial was made. Sales, trust funds, accounting records, and other records of the licensee must be available at the licensee's principal place of business at reasonable times for examination by the chairman or other authorized representative of the board. In addition, the owner of a perpetual care cemetery shall have the records of the perpetual care cemetery examined annually by a licensed public accountant and shall submit a copy of the report to the board.

(B) A record must be kept of each written complaint received, action taken, and disposition of complaint. These records must be available for examination by the chairman or other authorized representatives of the board.

(C) (1) (a) The owner of a cemetery shall adopt and enforce regulations for the use, care, control, management, restriction, and protection of the cemetery and its parts and subdivisions, the use of property within a cemetery, the introduction and care of plants or shrubs within the grounds, the conduct of persons and prevention of improper assemblages, and other purposes considered necessary by the owner of the cemetery for the proper conduct of the business of the cemetery and the protection of the premises and the principles on which the cemetery was organized. The owner may amend or abolish the regulations pursuant to item (4).

(b) The regulations must be printed or typewritten plainly, posted conspicuously, and maintained subject to inspection at the usual place for transacting the regular business of the cemetery. However, no cemetery licensed under this chapter may adopt a regulation in conflict with this chapter or in derogation of the contract rights of lot owners.

(2)(a) The owner of a cemetery shall establish reasonable regulations regarding the type material, design, composition, finish, specifications, and installation of merchandise to be used in the cemetery. However, no regulation may be adopted which:

(i) requires the owner or purchaser of a lot to purchase a monument or marker or the actual installation of a monument or marker from the cemetery company;

(ii) restricts the right of the owner or purchaser of a lot to purchase a monument or marker or the actual installation of a monument from the vendor of his choice;

(iii) charges the owner or purchaser of a lot a fee for purchasing a monument or marker or the actual installation of a monument from a vendor or charges a vendor a fee for delivering or installing the monument;

(iv) discriminates against an owner or a purchaser of a lot who has purchased a monument or services related to installation of a monument from a vendor.

(b) subitem (a) does not prohibit the cemetery from charging the owner or purchaser of a lot a reasonable fee for services actually performed by the cemetery relating to the installation, care, and maintenance of a monument or marker, including but not limited to, the survey, recording, and supervision of the monument or marker, whether or not it is purchased from a cemetery or an outside vendor.

(c) These regulations must be posted conspicuously and maintained, subject to inspection, at the usual place for transacting the regular business of the cemetery. No cemetery owner may prevent the use of merchandise purchased by a lot owner or his representative, agent, heirs, or assigns from any source if the merchandise meets cemetery regulations.

(3) When a cemetery lot is sold the cemetery shall disclose on the sales contract cemetery services for which there may be a later charge. When a monument, marker, or memorial is sold by a cemetery company, the cemetery shall provide on the sales contract an itemized statement of the fees charged for installation, care, and maintenance of it. Fees charged for installation, care, and maintenance of a monument, marker, or memorial must be shown on the statement as charges separate from its price, and the statement must disclose the amount of fees to be placed in trust by the cemetery company. The board shall promulgate regulations to provide a form for the disclosure of fees and services.

(4) Regulations established, amended, or abolished by a cemetery pursuant to this subsection must be submitted to the board for its approval.

Section 39-55-135. No cemetery company is permitted to establish a perpetual care cemetery or to operate an already-established perpetual care cemetery without providing for the future care and maintenance of the cemetery, for which a trust fund must be established to be known as `the care and maintenance trust fund of (Name of licensee)'. If any perpetual care cemetery company refuses or otherwise fails to provide or maintain an adequate care and maintenance trust fund in accordance with the provisions of this chapter, the board, after reasonable notice, must proceed to enforce compliance. The trust fund agreement shall contain the name, location, and address of both the licensee and the trustee, showing the date of the trust agreement and the deposit in the trust of the required funds. No person may transfer the corpus of the care and maintenance trust fund without first obtaining written consent from the board.

Section 39-55-145. At the time of making a sale or receiving the initial deposit on the sale of grave space, niche, or mausoleum crypt, the cemetery company shall deliver to the person to whom the sale is made, or who makes the deposit, an instrument in writing which shall specifically state that the net income of the care and maintenance trust fund must be used solely for the care and maintenance of the cemetery, for reasonable costs of administering the care and maintenance and for reasonable costs of administering the trust fund. This information may be included in the sales contract.

Section 39-55-155. No cemetery may cause or permit advertising of a perpetual care fund in connection with the sale or offer for sale of its property unless the amount deposited in the care and maintenance trust fund is equal to not less than twenty dollars or ten percent of the sale price, whichever is greater, per grave space and niche and fifty dollars per mausoleum crypt sold or five percent of the sales price, whichever is greater. Also, for any memorial or grave marker for installation in a cemetery wherein perpetual care is promised or guaranteed, the cemetery shall transmit to the care and maintenance trust fund an amount equal to eight cents per square inch of the memorial's or the marker's base. All deposits must be made within sixty days upon receipt of final payment. Not more than one year after the effective date of this Act, and periodically thereafter at its discretion, the board shall complete a formal study to determine whether the amounts required under this section to be placed in the care and maintenance trust fund are adequate to continue to provide perpetual care in a cemetery after all grave spaces are sold. The board shall report its findings, along with any recommendations for statutory changes, to the Governor and to the General Assembly.

Section 39-55-165. Within ninety days after the end of the calendar or fiscal year of the cemetery company, the trustee shall furnish adequate financial reports with respect to the care and maintenance trust fund on forms prescribed and provided by the board. The board may require the trustee to make any additional financial reports the board considers advisable.

Section 39-55-175. The care and maintenance trust fund must be invested and reinvested by the trustee in the same manner as provided by law for the investment of other trust funds. The fees and other expenses of the trust fund must be paid by the trustee from the net income of the trust fund and may not be paid from the corpus. To the extent that the net income is not sufficient to pay the fees and other expenses, they must be paid by the cemetery company.

Section 39-55-185. (A) A person receiving funds from the sale of merchandise for use in a cemetery in connection with the burial or commemoration of a deceased human being when the use of the merchandise is not requested or required immediately shall deposit the funds in a merchandise trust fund administered by a trust institution.

The cemetery company shall maintain a record of each deposit into the account, identify the name of the purchaser, the amount of the actual cost to the seller, and the amount of money to be deposited, and maintain a copy of the contract for the merchandise. This section does not prohibit the trustee from commingling the deposits in a trust fund of this kind to manage and invest the funds.

(B) When a memorial, a mausoleum crypt, or other merchandise is sold in advance of need and not installed until a later date, one hundred percent of the actual cost to the seller at the time of deposit must be placed in a trust institution within sixty days after completion of the contract, with interest to accrue and must not be withdrawn without the consent of the purchaser until the time of delivery or construction.

(C)(1) The funds must be held in a merchandise trust fund as to principal and income earned and must remain intact, except that the cost of the operation of the trust may be deducted from the income until delivery of the merchandise is made by the cemetery company or other entity. Upon delivery of the merchandise, the cemetery company or other entity shall certify these facts to the trustee. Upon this certification, the amount of money on deposit to the credit of that particular contract, including principal and income, must be paid to the cemetery company or other entity. The trustee may rely upon certifications of this kind and is not liable for this reliance.

(2) If a cemetery company or other entity which has entered into a contract for the sale of merchandise cannot or does not provide within a reasonable time the merchandise that has been paid for fully and called for by the contract after request in writing to do so, the purchaser or his heirs, assigns, or authorized representative may receive the amount paid on the contract and income earned by the merchandise trust fund for that particular item. Reasonable time excludes riots, strikes, acts of war, or delays beyond the control of the cemetery company or other entity.

(D) After payment in full and before delivery of merchandise, a purchaser may make written demand for a refund of the amount deposited in the merchandise trust fund to the credit of the purchaser, and, within thirty days of receipt of the written demand, the trustee shall refund to the purchaser the amount on deposit to his credit, less reasonable commission fees and administrative costs, with interest, dividends, increases, or accretions earned on the fund. Upon the refund, the cemetery company is relieved from further liability for this merchandise.

(E) The trustee, annually and within ninety days after the end of the calendar year, shall file a financial report, signed by a licensed accountant, of the merchandise trust fund with the board on forms provided by the board setting forth the principal, investments, and payments made and the income earned and disbursed. The board may require the trustee to make additional financial reports the board considers advisable.

(F) The board may examine the business of a cemetery company or other entity writing contracts for the sale of the property or services described in this section. The written report of the examination must be filed in the office of the board. A person or an entity being examined shall produce the records of the company needed for the examination.

(G) A provision of a contract for the sale of merchandise described in this section which provides that the purchaser or beneficiary may waive this section is void.

(H) Cemetery owners shall have a full and complete schedule of charges for services provided by the cemetery plainly printed or typewritten, posted conspicuously, and maintained subject to inspection and copying at the usual place for transacting the regular business of the cemetery.

(I) A cemetery company or other entity failing to make required contributions to a care and maintenance trust fund or to a merchandise trust fund is guilty of a misdemeanor and, upon conviction, must be punished as in Section 39-55-265.

(J) If a report is not received within the required time, the board may levy and collect a penalty of twenty-five dollars a day for each day of delinquency.'

Section 39-55-195. Application for renewal of licenses must be submitted on or before July first of each year in the case of an existing cemetery company. Before any sale of cemetery property may take place in the case of a new cemetery company or in the case of a change of ownership or control, as provided in Sections 39-55-105 and 39-55-115, an application for a license must be submitted and a license must have been issued.

Section 39-55-205. No license issued under this chapter is transferrable or assignable and no licensee may develop or operate any cemetery authorized by this chapter under any name or any location other than that contained in the license.

Section 39-55-215. (a) Each licensee shall set aside a minimum of thirty acres of land for use as a cemetery, except as may otherwise be provided in this chapter, and may not sell, mortgage, lease, or encumber it.

(b) The fee simple title in any lands owned by the licensee and dedicated for use by the licensee as a cemetery, which lands are continuous, adjoining or adjacent to the minimum acreage described in subsection (a), may be sold, conveyed, or disposed of by the licensee for use by the new owner for purposes other than as a cemetery if no bodies have been previously interred and if any titles, interests, or burial rights which may have been sold or contracted to be sold in these lands are reconveyed to the licensee prior to the consummation of any conveyance.

(c) Any licensee may convey and transfer to a municipality or county its real and personal property, together with monies deposited with the trustee, if the municipality or county accepts responsibility for maintenance and prior written approval of the board is obtained.

(d) The provisions of subsections (a) and (b) relating to a requirement for minimum acreage do not apply to those cemeteries licensed by the board on or before July 1, 1984, which cemeteries own or control a total of less than the minimum acreage, but these cemeteries may not dispose of any of the lands.

Section 39-55-225. (a) A cemetery company is required to start construction of that section of a mausoleum or bank of belowground crypts in which sales, contracts for sale, reservations for sales, or agreements for sales are being made within thirty-six months after the date of the first sale, or refund the money. The construction of the mausoleum section or bank of belowground crypts must be completed within five years after the date of the first sale. Extensions for completion, not to exceed one year, may be granted by the board for good reasons shown.

(b) After construction has begun on the mausoleum section or bank of belowground crypts, the cemetery company shall certify the progress and expenditures to the trustee and is entitled to withdraw all funds deposited to the trust account.

(c) If the mausoleum section or bank of belowground crypts is not completed within the time limits set out in this section, the trustee must contract for and cause the project to be completed and paid for from the trust funds deposited to the project's account. Any balance, less costs and expenses, must be paid to the cemetery company. If not enough funds have been deposited to the escrow trust fund to complete the project, the cemetery company shall be liable for any shortage.

(d) In lieu of the payments to the escrow trust fund the cemetery company may deliver to the board a performance bond in an amount and by surety companies acceptable to the board.

Section 39-55-235. All cemeteries in this State, except family burial grounds, shall display a sign at each entrance, containing letters not less than six inches in height, stating `Perpetual Care' or `Endowment Care' or `No Perpetual Care' or `No Endowment Care', depending upon which method of operation the cemetery is using. Those cemeteries which furnish perpetual care to some portions and no perpetual care to other portions shall display these signs on the appropriate sections of the cemetery to which the sign applies. Portions designated `Perpetual Care' cannot be changed to `No Perpetual Care' once the designation is made.

Section 39-55-245. Any cemetery company which offers free burial rights to any person or group of persons must, at the time of the offer, clearly state all conditions upon which the offer is made. Cemeteries must be maintained to present a cared for appearance including, but not limited to, shrubs and trees pruned and trimmed, flower beds weeded, drives maintained, and lawns mowed when needed equivalent to once per week during the grass growing season with ample rainfall.

Section 39-55-255. Cemetery companies may provide by their bylaws, regulations, contracts, or deeds the designation of parts of cemeteries for the specific use of persons whose religious code requires isolation.

Section 39-55-265. Any officer, director, or person occupying a similar status licensed to operate a cemetery company who fails to make required contributions to the care and maintenance trust fund or any other trust fund required to be established and maintained by this chapter and any other person violating any other provision of this chapter or order or regulation promulgated under the provisions of this chapter is guilty of a misdemeanor and upon conviction must be fined not more than five thousand dollars or imprisoned for not more than two years. Each violation constitutes a separate offense.

Section 39-55-275. The board has authority to adjust license and filing fees through regulations promulgated pursuant to the Administrative Procedures Act and to employ examiners, clerks, and stenographers and other employees as the administration of this chapter may require. The board also has authority to appoint and employ investigators who shall have, in any case in which there is a reason to believe a violation of this chapter or of any order or regulation promulgated under the provisions of this chapter has occurred or is about to occur, the right and power to serve subpoenas and to swear out and execute search warrants.

Section 39-55-285. The board has the authority to make regulations pursuant to the Administrative Procedures Act and to issue orders from time to time as the board considers necessary for the enforcement of this chapter.

Section 39-55-295. The provisions of this chapter do not apply to governmental cemeteries, church cemeteries, or family burial grounds, with the exception of the provisions of Sections 39-55-235 and 39-55-265.

Section 39-55-305. Any cemetery company established between June 30, 1991 and the effective date of this act may continue to operate and must be granted a license by the South Carolina Cemetery Board, provided the trust fund requirements of this chapter have been met. Hereafter such cemetery companies must be operated in accordance with the provisions of Chapter 55 of Title 39 of the 1976 Code."

SECTION 2. The programs, functions, and regulations of the State Cemetery Board must be terminated as provided in Chapter 20, Title 1, on June 30, 1996, unless reauthorized according to law.

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 returned to the House of Representatives with amendments.

Senator REESE desired to be recorded as voting against the third reading of the Bill.

H. 3941 -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-325 SO AS TO PROVIDE FOR ADDITIONAL REQUIREMENTS FOR THE APPROVAL OF INDIVIDUAL MAJOR MEDICAL EXPENSE COVERAGE POLICIES; TO AMEND THE 1976 CODE BY ADDING SECTION 38-71-650 SO AS TO GRANT TO ANY PERSON PURCHASING AN INDIVIDUAL ACCIDENT, HEALTH, OR ACCIDENT AND HEALTH INSURANCE POLICY AFTER JULY 1, 1991, THE RIGHT TO TRANSFER TO ANY OTHER INDIVIDUAL POLICY OF EQUAL OR LESSER BENEFITS OFFERED FOR SALE BY THE INSURER AT THE TIME THE TRANSFER IS SOUGHT, WITH WAITING PERIODS AND PREEXISTING CONDITION PERIODS TO BE SERVED AFTER THE TRANSFER; TO AMEND ARTICLE 5, CHAPTER 71, TITLE 38, RELATING TO GROUP ACCIDENT AND HEALTH INSURANCE BY ADDING SUBARTICLE 3, SO AS TO PROVIDE FOR CERTAIN MECHANISMS WHEREBY HEALTH INSURANCE COVERAGE IS MADE AVAILABLE TO SMALL EMPLOYERS; TO AMEND SECTION 38-71-730, AS AMENDED, RELATING TO REQUIREMENTS FOR GROUP ACCIDENT, GROUP HEALTH, AND GROUP ACCIDENT AND HEALTH INSURANCE POLICIES, SO AS TO REDUCE THE SIZE OF THE GROUPS FOR WHICH INDIVIDUAL EVIDENCE OF INSURABILITY MAY NOT BE REQUIRED, TO FURTHER PROVIDE FOR THIS GROUP COVERAGE, AND TO REQUIRE AN INSURER UNDER CERTAIN CONDITIONS TO GIVE CREDIT FOR THE SATISFACTION OF A PREEXISTING CONDITION PERIOD IF A COVERED PERSON MOVES FROM ONE INSURED GROUP TO ANOTHER; TO AMEND SECTION 38-71-760, RELATING TO STANDARDS FOR GROUP ACCIDENT AND HEALTH INSURANCE COVERAGE, SO AS TO REDUCE THE REQUIRED SIZE OF CERTAIN GROUPS TO WHICH VARIOUS DISCONTINUANCE AND REPLACEMENT PROVISIONS APPLY, AND TO ESTABLISH WHEN A REPLACEMENT CARRIER BECOMES A SUCCEEDING CARRIER; AND TO AMEND SECTION 38-71-770, AS AMENDED, RELATING TO MANDATORY CONTINUATION AND CONVERSION PRIVILEGES FOR ACCIDENT AND HEALTH INSURANCE POLICIES, SO AS TO ESTABLISH THE STANDARD BY WHICH A GROUP POLICY BECOMES A SUCCESSOR POLICY.

Senator GIESE 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 with 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.

Senator MACAULAY 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.

Senators SALEEBY and MACAULAY proposed the following amendment (DKA\3993.AL), which was adopted:

Amend the bill, as and if amended, Section 56-9-60, SECTION 1, by deleting items (4) and (5) and inserting:

/(4) the applicant must have a net worth of a least twenty million dollars or the department may require the applicant to deposit in a segregated self-insured claims account the sum of three thousand dollars for each vehicle to be covered by the self-insurer's certificate. Eighty percent must be cash and the remaining twenty percent may be satisfied by the `quick sale' appraised value of real estate located in the State, as certified by a licensed appraiser. The three thousand dollar a vehicle amount may not decrease more than thirty percent in any given certificate year./

Amend title to conform.

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

H. 4845 -- Rep. Baxley: A BILL TO AMEND ACT 748 OF 1978, AS AMENDED, AND AN ACT OF 1992 BEARING RATIFICATION NUMBER 395, RELATING TO THE BOARD OF EDUCATION OF THE DARLINGTON COUNTY SCHOOL DISTRICT, SO AS TO REVISE THE DATE THAT THE NUMBER OF BOARD MEMBERS TAKES EFFECT BY EXTENDING THE EXISTING BOARD COMPOSITION FOR TWO YEARS, UNTIL JANUARY 1, 1995.

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

There was no objection.

Senator SALEEBY proposed the following amendment (MISC/4845.02), which was adopted:

Amend the bill, as and if amended, Page 1, by striking lines 38-43 in their entirety and inserting therein the following:

/qualifies for office. The four members elected to Seats One, Three, Five, and Seven, after the 1994 general election, shall serve initial terms of four years, and the remaining four members shall serve initial terms of six years, all until their successors are elected and qualified. Thereafter all members shall/

Amend title to conform.

Senator SALEEBY proposed the following amendment (EDUC\4845.3), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read: /SECTION _. Section 4 of an act of 1992 bearing ratification number 395 is amended to read:

"Section 4. The provisions of Sections 2 and 3 of this act and the provisions of Section 1 of this act, except for that portion of Section 1 as specifically set forth in Section 5 below, shall not become effective or implemented until the qualified electors of Darlington County have approved the reduction in the number of members of the Board of Education of Darlington County from twelve to eight, in accordance with the ballot question set forth below. If a majority of the qualified electors voting on the question vote `Reduce to eight members', then the provisions of Sections 2 and 3 and the above-referenced provisions of Section 1 shall become effective and must be implemented.

The referendum provided for in this section must be conducted at the time of the 1992 November general election by the authority charged by law with conducting the general election in Darlington County. That authority shall cause a notice of the referendum, the question, and the date of the referendum to appear in a newspaper of general circulation in the county not earlier than thirty days nor later than fifteen days before the referendum is to be held. The election laws of this State apply to the referendum mutatis mutandis. The authority conducting the referendum shall certify the results thereof in accordance with law and shall publish those results.

The following question shall be submitted to the qualified electors of Darlington County in accordance with the provisions of this section:

`Shall the number of members of the Board of Education of Darlington County remain at twelve (12) as presently set up and continue to be elected from single-member election districts established for the election of board of education members or shall the number of members of the Board of Education of Darlington County be reduced to eight (8) with members elected from the same single-member election districts from which the members of the Darlington County Council are elected?

Remain at twelve members currently elected _

Reduce to eight members _ '."/

Amend title to conform.

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

H. 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.

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

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

S. 1231 -- Senators Saleeby, Pope, Land, Mullinax and McConnell: A BILL TO AMEND SECTION 42-7-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTICIPATION UNDER THE STATE WORKERS' COMPENSATION FUND, SO AS TO INCLUDE EMPLOYERS WITH TWENTY-FIVE OR FEWER EMPLOYEES AT THE TIME OF INITIAL COVERAGE, PROVIDE FOR NOTIFICATION WHEN COVERAGE EXPIRES, AND PROVIDE FOR PRIVATE EMPLOYERS TO EXERCISE THEIR OPTION TO PARTICIPATE; AND TO AMEND SECTION 42-7-70, RELATING TO RATES AND PREMIUMS PAID BY PARTICIPANTS, SO AS TO REQUIRE PREMIUMS COLLECTED AND INVESTMENT INCOME FROM PRIVATE EMPLOYERS TO BE DETERMINED, MAINTAINED, AND ACCOUNTED FOR SEPARATELY FROM PREMIUMS OF GOVERNMENTAL ENTITIES.

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

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

THE SENATE PROCEEDED TO THE MOTION PERIOD.

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.

Senator MOORE asked unanimous consent to make a motion that the Senate proceed to a consideration of the Bill.

Senator REESE objected.

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

THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.

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

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment (JUD1077.002) proposed by Senator STILWELL and previously printed in the Journal of April 14, 1992.

Senator McCONNELL spoke on the Bill.

Consideration was interrupted, with Senator McCONNELL retaining the floor.

Columbia, S.C., June 4, 1992

Mr. President and Senators:

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

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 4, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3941 -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-325 SO AS TO PROVIDE FOR ADDITIONAL REQUIREMENTS FOR THE APPROVAL OF INDIVIDUAL MAJOR MEDICAL EXPENSE COVERAGE POLICIES; TO AMEND THE 1976 CODE BY ADDING SECTION 38-71-650 SO AS TO GRANT TO ANY PERSON PURCHASING AN INDIVIDUAL ACCIDENT, HEALTH, OR ACCIDENT AND HEALTH INSURANCE POLICY AFTER JULY 1, 1991, THE RIGHT TO TRANSFER TO ANY OTHER INDIVIDUAL POLICY OF EQUAL OR LESSER BENEFITS OFFERED FOR SALE BY THE INSURER AT THE TIME THE TRANSFER IS SOUGHT, WITH WAITING PERIODS AND PREEXISTING CONDITION PERIODS TO BE SERVED AFTER THE TRANSFER; TO AMEND ARTICLE 5, CHAPTER 71, TITLE 38, RELATING TO GROUP ACCIDENT AND HEALTH INSURANCE BY ADDING SUBARTICLE 3, SO AS TO PROVIDE FOR CERTAIN MECHANISMS WHEREBY HEALTH INSURANCE COVERAGE IS MADE AVAILABLE TO SMALL EMPLOYERS; TO AMEND SECTION 38-71-730, AS AMENDED, RELATING TO REQUIREMENTS FOR GROUP ACCIDENT, GROUP HEALTH, AND GROUP ACCIDENT AND HEALTH INSURANCE POLICIES, SO AS TO REDUCE THE SIZE OF THE GROUPS FOR WHICH INDIVIDUAL EVIDENCE OF INSURABILITY MAY NOT BE REQUIRED, TO FURTHER PROVIDE FOR THIS GROUP COVERAGE, AND TO REQUIRE AN INSURER UNDER CERTAIN CONDITIONS TO GIVE CREDIT FOR THE SATISFACTION OF A PREEXISTING CONDITION PERIOD IF A COVERED PERSON MOVES FROM ONE INSURED GROUP TO ANOTHER; TO AMEND SECTION 38-71-760, RELATING TO STANDARDS FOR GROUP ACCIDENT AND HEALTH INSURANCE COVERAGE, SO AS TO REDUCE THE REQUIRED SIZE OF CERTAIN GROUPS TO WHICH VARIOUS DISCONTINUANCE AND REPLACEMENT PROVISIONS APPLY, AND TO ESTABLISH WHEN A REPLACEMENT CARRIER BECOMES A SUCCEEDING CARRIER; AND TO AMEND SECTION 38-71-770, AS AMENDED, RELATING TO MANDATORY CONTINUATION AND CONVERSION PRIVILEGES FOR ACCIDENT AND HEALTH INSURANCE POLICIES, SO AS TO ESTABLISH THE STANDARD BY WHICH A GROUP POLICY BECOMES A SUCCESSOR POLICY.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 4, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has receded from its amendment to:
H. 4291 -- Reps. A. Young, Fulmer, H. Brown, Rama, G. Bailey, Hallman, R. Young, Wofford, Haskins, Wells, Gentry, Felder, Whipper, Gonzales, Vaughn, Meacham, Cooper, Baker, Fair, Cato, Waldrop and Kirsh: A BILL TO AMEND SECTION 61-3-490, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE OF INTENTION TO APPLY FOR AN ALCOHOLIC LIQUOR LICENSE, SECTION 61-5-50, RELATING TO THE GRANTING OF A LICENSE, AND SECTION 61-9-320, RELATING TO THE QUALIFICATIONS FOR A BEER OR WINE PERMIT, SO AS TO REVISE THE NOTICE REQUIREMENTS FOR LICENSES AND PERMITS TO MAKE THEM CONSISTENT AND PROVIDE FOR PUBLICATION OF NOTICE IN A LOCAL NEWSPAPER PUBLISHED IN THE AREA.
Very respectfully,
Speaker of the House

A message having been received from the House that it had receded from its amendments, it was ordered that the title of the Bill be changed to that of an Act and that the Act be enrolled for Ratification.

Columbia, S.C., June 4, 1992

Mr. President and Senators:

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

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 4, 1992

Mr. President and Senators:

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

Very respectfully,
Speaker of the House

Columbia, S.C., June 4, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4845 -- Rep. Baxley: A BILL TO AMEND ACT 748 OF 1978, AS AMENDED, AND AN ACT OF 1992 BEARING RATIFICATION NUMBER 395, RELATING TO THE BOARD OF EDUCATION OF THE DARLINGTON COUNTY SCHOOL DISTRICT, SO AS TO REVISE THE DATE THAT THE NUMBER OF BOARD MEMBERS TAKES EFFECT BY EXTENDING THE EXISTING BOARD COMPOSITION FOR TWO YEARS, UNTIL JANUARY 1, 1995.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 4, 1992

Mr. President and Senators:

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

Very respectfully,
Speaker of the House

Received as information.

Senator DRUMMOND, Chairman of the Committee on Finance, was recognized to give a status report of the work of the Committee of Free Conference on H. 3044, the General Appropriation Bill.

Senator J. VERNE SMITH spoke on the report.

Senator SETZLER spoke on the report.

Senator LEVENTIS moved that it be the Sense of the Senate that the two new unnumbered provisions in Section 129 of Part I of the General Appropriation Bill pertaining to the report of the expenses of the Governor's Commission on Restructuring, and requiring a report on the legal expenses for reapportionment paid from the Insurance Reserve Fund, and the permanent provision designated as Section 11 of Division IV, regarding the prohibition on the use of Insurance Reserve Funds for legal defense of reapportionment be reinserted in the Free Conference Report on H. 3044.

The motion was adopted.

Senator PASSAILAIGUE moved that it be the Sense of the Senate that the new provision added in Part II which permanently increases the Economic Development Act Fund from $10 million to $15 million be deleted from the Free Conference Report on H. 3044.

Senator J. VERNE SMITH moved to table the motion.

The motion was laid on the table.

Columbia, S.C., June 4, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on the following Bill:
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.

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

Senator DRUMMOND spoke on the report.

On motion of Senator DRUMMOND, the Report of the Committee of Free Conference to H. 3044 was adopted.

The Report of the Committee of Free Conference having been adopted by both Houses ordered that the title be changed to that of an Act, and the Act enrolled for Ratification and a message was sent to the House accordingly.

Senators McCONNELL, PASSAILAIGUE, MACAULAY, THOMAS, WILSON, LEVENTIS and ROSE desired to be recorded as voting against the adoption of the Report of the Committee of Free Conference.

I voted "no" on the appropriations report for several reasons, the major objection being the tax increase caused by the delay of the capital gains tax rate reduction costing taxpayers $10,820,000.

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber at 4:00 P.M. and the following Acts and Joint Resolutions were ratified:

(R517) S. 1338 -- Senator Bryan: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-19-25 SO AS TO VALIDATE THE PRIOR ESTABLISHMENT OF CERTAIN FIRE PROTECTION DISTRICTS; AND TO AMEND SECTION 4-19-20, RELATING TO THE ACTION REQUIRED OF A COUNTY GOVERNING BODY BEFORE THE IMPOSITION OF AD VALOREM TAXES TO FUND THE SERVICES PROVIDED BY A FIRE PROTECTION DISTRICT, SO AS TO REVISE THE PROCEDURE FOR THE ESTABLISHMENT OF A FIRE PROTECTION DISTRICT AND LIMIT CHALLENGES TO THE ESTABLISHMENT OF A DISTRICT.

(R518) S. 1390 -- Banking and Insurance Committee: AN ACT TO AMEND SECTION 38-73-540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, CASUALTY AND SURETY RATES, AND ASSIGNED RISKS, SO AS TO PROVIDE THAT NO INSURER MAY ACT AS A SERVICING CARRIER FOR ANY ASSIGNED RISK POOL FOR WORKERS' COMPENSATION INSURANCE UNLESS THE INSURER PARTICIPATES IN THE VOLUNTARY MARKET FOR WORKERS' COMPENSATION INSURANCE IN THE STATE, AND PROVIDE FOR CERTAIN SERVICING CARRIER CONTRACTS IN CONNECTION WITH AND RELATION TO THE PROVISIONS OF THIS SECTION.

(R519) S. 1432 -- Senator Russell: AN ACT TO AMEND ACT 345 OF 1965, AS AMENDED, RELATING TO THE SPARTANBURG MUNICIPAL CIVIL SERVICE SYSTEM, SO AS TO PROVIDE AN EXEMPTION FROM THE RESIDENCY AND ELECTOR REQUIREMENTS FOR APPLICANTS FOR ENTRY-LEVEL POSITIONS AND TO PROHIBIT THE PROMOTION OF AN APPLICANT HIRED FROM WITHIN OR OUTSIDE THE COUNTY AT AN ENTRY-LEVEL POSITION UNTIL ONE YEAR IN THE SYSTEM HAS ELAPSED.

(R520) S. 860 -- Senator Hayes: AN ACT 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.

(R521) S. 142 -- Senators McConnell and Rose: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-13-160 SO AS TO REQUIRE A PET DEALER, PET SHOP, OR PET BREEDER TO PROVIDE A STATEMENT FROM A LICENSED VETERINARIAN THAT THE ANIMAL HAS BEEN EXAMINED AND IS FREE OF DISEASE AND DEFORMITY, TO PROVIDE REMEDIES, AND TO DEFINE TERMS.

(R522) S. 1491 -- Senators Wilson and Rose: AN ACT TO AMEND TITLE 56, CHAPTER 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 49 SO AS TO PROVIDE FOR SPECIAL LICENSE PLATES FOR SOUTH CAROLINA FIREFIGHTERS.

(R523) S. 1533 -- Senators Matthews and Washington: AN ACT TO REQUIRE THE ALLENDALE COUNTY BOARD OF EDUCATION TO SUBMIT A BUDGET AND ANNUAL TAX LEVY TO THE COUNTY AUDITOR, TO AUTHORIZE THE BOARD TO SET THE SCHOOL TAX MILLAGE ANNUALLY WITH CERTAIN LIMITATIONS, TO REQUIRE A PUBLIC HEARING ON THE PROPOSED MILLAGE, AND TO REQUIRE A REFERENDUM TO EXCEED THE AUTHORIZED MILLAGE; AND TO REPEAL SECTIONS 21-1101 AND 21-1102, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1962, RELATING TO THE POWERS AND DUTIES OF THE BOARD OF EDUCATION OF ALLENDALE COUNTY AND THE LEGISLATIVE DELEGATION'S AUTHORITY TO SET THE ANNUAL SCHOOL TAX MILLAGE; AND TO PROVIDE THAT THE PREPARATION OF THE BUDGET BY THE BOARD IS EFFECTIVE FOR SCHOOL YEAR BEGINNING 1993-94.

(R524) S. 1169 -- Senators Giese, Moore, Fielding, Patterson, Wilson, O'Dell, Courson, Shealy, Drummond and McGill: AN ACT TO AMEND SECTION 52-7-10, 52-7-15, AND 52-7-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE ATHLETIC COMMISSION, SO AS TO DELETE THE REQUIREMENT THAT THE CHIEF ATHLETIC COMMISSIONER MUST BE APPOINTED FROM THE STATE AT LARGE, TO ALLOW FOR THE ELECTION OF OFFICERS AT ANY TIME BY A TWO-THIRDS VOTE OF THE COMMISSION, AND TO PROVIDE THAT COMMISSION MEETINGS MAY BE CALLED BY THE CHAIRMAN RATHER THAN THE CHIEF ATHLETIC COMMISSIONER; AND TO AMEND SECTION 52-7-310, RELATING TO COUNTY ATHLETIC COMMISSIONS, SO AS TO PROVIDE THAT THE STATE ATHLETIC COMMISSION MAY APPOINT COUNTY COMMISSIONERS IN CERTAIN CASES, AND PROVIDE THAT THE STATE ATHLETIC COMMISSION SHALL DESIGNATE THE FUNCTIONS OF COUNTY ATHLETIC COMMISSIONS.

(R525) S. 786 -- Senator Drummond: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-530 SO AS TO PROHIBIT THE PURCHASE, BARTER, TRADE, AND SALE OF CERTAIN SPECIES OF BILLFISH AND PROVIDE PENALTIES.

(R526) S. 1253 -- Senators Nell W. Smith, Moore, Mullinax and Pope: AN ACT 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 TO ISSUE CONSENT ORDERS AUTHORIZING PARTIES TO ENGAGE IN ANY FORM OF ALTERNATE DISPUTE RESOLUTION WHICH DOES NOT VIOLATE RULES OF COURT OR STATE LAW AND TO REQUIRE THE PARTIES TO DESIGNATE AN ARBITER OR A MEDIATOR BY UNANIMOUS CONSENT SUBJECT TO COURT APPROVAL.

(R527) S. 884 -- Senator McConnell: AN ACT 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; AND TO AMEND SECTION 11-35-1520, RELATING TO THE CONSOLIDATED PROCUREMENT CODE AND COMPETITIVE SEALED BIDDING, SO AS TO PROVIDE FURTHER WITH RESPECT TO WHAT QUALIFIES A VENDOR AS A RESIDENT OF THIS STATE.

(R528) S. 1153 -- Senator Mullinax: AN ACT TO AMEND SECTION 38-77-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE DEFINITIONS, SO AS TO INCLUDE A NONOWNER INSURANCE POLICY WITHIN THE DEFINITION OF AUTOMOBILE INSURANCE; AND BY ADDING SECTIONS 56-1-245 AND 38-77-113 SO AS TO PROVIDE THAT WHERE A LICENSE IS SUSPENDED OR REVOKED DUE TO THE ABSENCE OF LIABILITY INSURANCE, THE LICENSE REINSTATEMENT FEE MAY BE WAIVED IF THE LICENSEE HAD LIABILITY COVERAGE.

(R529) S. 1378 -- Senator Setzler: AN ACT TO AMEND ACT 171 OF 1991, AS AMENDED, 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.

(R530) S. 1324 -- Senator Robert W. Hayes, Jr.: AN ACT TO AMEND SECTION 12-21-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT INSTRUMENTS OF CONVEYANCE NOT BE RECORDED UNLESS STAMPED AND ACCOMPANIED BY AN AFFIDAVIT OF TRUE CONSIDERATION, SO AS TO EXEMPT CONVEYANCES OF THE FEDERAL GOVERNMENT FROM THE REQUIREMENTS OF FILING THE AFFIDAVIT.

(R531) S. 805 -- Senator J. Verne Smith: AN ACT 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 ALSO MUST 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 PROVIDE THAT EVERY APPLICANT APPLYING FOR REGISTRATION SHALL PAY A NONREFUNDABLE SUM, AS DETERMINED BY THE BOARD, NOT TO EXCEED TWO HUNDRED, RATHER THAN ONE HUNDRED, DOLLARS, AND PROVIDE THAT APPLICANTS APPROVED FOR EXAMINATION SHALL PAY TO THE BOARD, PRIOR TO BEING EXAMINED, A SUM COMMENSURATE WITH THE COST OF ADMINISTERING THE EXAMINATION, AS DETERMINED BY THE BOARD, NOT TO EXCEED ONE THOUSAND, RATHER THAN FIVE HUNDRED, DOLLARS; 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 ASSOCIATION/CORPORATION", REQUIRE THE PAYMENT OF AN ANNUAL RENEWAL FEE NOT TO EXCEED TWO HUNDRED, RATHER THAN ONE HUNDRED, DOLLARS AS DETERMINED BY THE BOARD, AND PROVIDE FOR A PENALTY OF FIFTY, RATHER THAN TWENTY-FIVE, DOLLARS FOR RENEWAL AT ANY TIME WITHIN ONE YEAR FROM THE DATE OF EXPIRATION UPON PAYMENT OF THE RENEWAL FEE; 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 DELETE CERTAIN LANGUAGE AND 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 DELETE CERTAIN PROVISIONS AND PROVIDE THAT IT IS THE DUTY OF THE BUILDING OFFICIAL OR OTHER AUTHORITY CHARGED WITH THE RESPONSIBILITY OF ISSUING BUILDING OR OTHER SIMILAR PERMITS OF ANY COUNTY, MUNICIPALITY, OR OTHER SUBDIVISION, BEFORE ISSUING THE PERMIT, TO BE IN POSSESSION OF A SEALED SET OF PLANS AND SPECIFICATIONS FOR WHICH THE SEAL OF A REGISTERED ARCHITECT IS REQUIRED.

(R532) S. 1162 -- Senator Drummond: AN ACT TO AMEND SECTION 50-20-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRED STAMPS AND PERMITS UNDER THE RECREATIONAL FISHERIES CONSERVATION AND MANAGEMENT ACT OF 1991, SO AS TO DECREASE CERTAIN CHARTER VESSEL PERMIT FEES.

(R533) S. 552 -- Senator Hayes: AN ACT TO AMEND SECTION 16-13-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAILURE TO RETURN RENTED OBJECTS, SO AS TO PROVIDE THAT FAILURE TO RETURN LEASED PROPERTY WITHIN SEVENTY-TWO HOURS AFTER THE LEASE EXPIRES BUT RETURNING IT WITHIN ONE WEEK AND FAILURE TO RETURN A LEASED MOTOR VEHICLE FOR MORE THAN ONE WEEK AFTER THE LEASE EXPIRES ARE MISDEMEANORS AND TO PROVIDE PENALTIES; TO AUTHORIZE THE CODE COMMISSIONER TO ADD CRIMES AND OFFENSES TO THE APPROPRIATE CLASSIFICATION LIST WITH LIMITATIONS; TO PROVIDE FOR CERTAIN CRIMES TO BE CLASSIFIED AS FELONIES AND CERTAIN CRIMES CLASSIFIED AS MISDEMEANORS; TO AMEND SECTION 47-3-760, AS AMENDED, RELATING TO DANGEROUS ANIMAL OFFENSE, SO AS TO CHANGE THE CLASSIFICATION FROM A FELONY TO A MISDEMEANOR; TO AMEND SECTION 12-7-1680, AS AMENDED, RELATING TO SECRECY OF INCOME INFORMATION, SO AS TO CLASSIFY THE OFFENSE AS A MISDEMEANOR; TO AMEND SECTION 50-17-1190, RELATING TO PENALTIES FOR VIOLATION OF CERTAIN FISH AND GAME LAWS, SO AS TO CLASSIFY THE OFFENSE AS A MISDEMEANOR; TO AMEND SECTION 16-3-1070, RELATING TO STALKING, SO AS TO CLASSIFY THE OFFENSE AS A MISDEMEANOR; TO EXEMPT CERTAIN CRIMES FROM CLASSIFICATION; AND TO REVISE THE EFFECTIVE DATE OF H. 3400 OF 1992.

(R534) S. 1012 -- Senator McConnell: AN ACT TO AMEND SECTION 20-7-490, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO ABUSED AND NEGLECTED CHILDREN, SO AS TO DEFINE "CHILD PROTECTIVE SERVICES", "AFFIRMATIVE DETERMINATION", AND "COURT"; TO AMEND SECTION 20-7-650, AS AMENDED, RELATING TO THE DUTIES OF LOCAL CHILD PROTECTIVE AGENCIES, SO AS TO PROVIDE FOR REPORTS OF CHILD ABUSE AND NEGLECT TO BE ENTERED IMMEDIATELY INTO THE AUTOMATED STATEWIDE CENTRAL REGISTRY OF CHILD ABUSE AND NEGLECT AND MAINTAINED IN AGENCY FILES IN ONE OF FOUR CATEGORIES, INCLUDE AFFIRMATIVE DETERMINATION AS A CATEGORY, PROVIDE FOR INDICATED REPORTS TO BE CONVERTED TO THAT CATEGORY, DELETE THE REFERENCES TO LOCAL REGISTRIES, PROVIDE FOR MAINTENANCE OF AFFIRMATIVE DETERMINATIONS, PROVIDE FOR USE, DISCLOSURE, AND DESTRUCTION OF INFORMATION IN UNFOUNDED AND AFFIRMATIVE DETERMINATIONS REPORTS; CHANGE THE REFERENCE TO CARE TO WELFARE; PROVIDE FOR THE AGENCIES' RESPONSIBILITY WHERE THE FACTS INDICATING ABUSE OR NEGLECT APPEAR TO INDICATE A VIOLATION OF CRIMINAL LAW; TO AMEND SECTION 20-7-680, RELATING TO THE CENTRAL REGISTRY FOR ABUSED AND NEGLECTED CHILDREN, SO AS TO CHANGE THE REFERENCE TO CARE TO WELFARE AND REVISE THE REQUIREMENTS FOR MAINTENANCE AND CLASSIFICATION OF ABUSE AND NEGLECT REPORTS, PROVIDE FOR LOCAL CHILD PROTECTIVE SERVICE AGENCIES TO TRANSMIT IMMEDIATELY DATA REQUIRED BY THE DEPARTMENT OF SOCIAL SERVICES, PROVIDE REQUIREMENTS FOR INFORMATION IN UNFOUNDED REPORTS AND AFFIRMATIVE DETERMINATIONS; TO AMEND THE 1976 CODE BY ADDING SECTION 20-7-655 SO AS TO PROVIDE FOR A CHILD PROTECTIVE SERVICES APPEALS PROCESS FOR REVIEW OF INDICATED REPORTS NOT OTHERWISE BEING BROUGHT BEFORE THE FAMILY COURT FOR DISPOSITION AND FOR JUDICIAL REVIEW; AND TO AMEND SECTION 20-7-690, AS AMENDED, RELATING TO THE CONFIDENTIALITY OF ABUSE AND NEGLECT REPORTS AND RECORDS, SO AS TO REQUIRE THAT REPORTS MADE AVAILABLE MUST INDICATE IF AN APPEAL IS PENDING.

(R535) S. 1273 -- Senators Leventis, Moore, Peeler, Courtney, Drummond, O'Dell, Courson, Washington, Mullinax, Nell W. Smith, Setzler, Matthews, Saleeby, Lourie, Wilson, Robert W. Hayes, Jr., Passailaigue, Russell, Giese, Thomas, Bryan, McGill, Rose, Patterson, Fielding and Gilbert: AN ACT TO ENACT THE SOUTH CAROLINA ENERGY CONSERVATION AND EFFICIENCY ACT OF 1992; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 52 TO TITLE 48 SO AS TO ESTABLISH A STATE ENERGY POLICY, TO ADOPT THE PLAN FOR THE STATE ENERGY POLICY, TO ESTABLISH THE STATE ENERGY OFFICE WITHIN THE BUDGET AND CONTROL BOARD, TO PROVIDE FOR THE POWERS AND DUTIES OF THIS OFFICE, TO ESTABLISH AN ADVISORY COMMITTEE, TO REQUIRE THE STATE ENERGY OFFICE TO DEVELOP AND OVERSEE COMPLIANCE WITH ENERGY CODE STANDARDS FOR STATE GOVERNMENT BUILDINGS, TO REQUIRE STATE AGENCIES AND PUBLIC SCHOOL DISTRICTS TO SUBMIT TO THE ENERGY OFFICE FOR APPROVAL ENERGY CONSERVATION PLANS AND GOALS AND TO REQUIRE REPORTING, TO PROVIDE FOR FINANCIAL INCENTIVES TO FACILITATE THE PURCHASE OF ENERGY EFFICIENCY PRODUCTS BY STATE AGENCIES, INCLUDING AN EXCEPTION TO THE SOUTH CAROLINA PROCUREMENT CODE, AND TO PROVIDE THAT PERSONNEL AND FUNDING FOR THE STATE ENERGY OFFICE MUST BE DERIVED FROM EXISTING STATE GOVERNMENT PERSONNEL SLOTS AND FINANCIAL RESOURCES AVAILABLE TO THE STATE; BY ADDING SECTION 40-29-85 SO AS TO REQUIRE THE STATE ENERGY OFFICE TO PROVIDE ENERGY EFFICIENCY STANDARDS LABELS TO THE SOUTH CAROLINA MANUFACTURED HOUSING BOARD TO BE PLACED ON MANUFACTURED HOMES; BY AMENDING SECTION 6-10-30, RELATING TO ENERGY EFFICIENCY BUILDINGS CODES, SO AS TO REVISE THE MINIMUM THERMAL RESISTANCE RATINGS IN ONE AND TWO FAMILY DWELLINGS AND TO PROVIDE EXCEPTIONS; BY AMENDING SECTION 12-36-2110, AS AMENDED, RELATING TO THE CALCULATION OF SALES TAX ON MOBILE HOMES, SO AS TO INCREASE FROM ONE TO TWO THE PERCENTAGE FOR CALCULATING THE SALES TAX ON THE COST OF A MANUFACTURED HOME IN EXCESS OF SIX THOUSAND DOLLARS AND TO EXEMPT A HOME THAT MEETS CERTAIN ENERGY EFFICIENCY REQUIREMENTS FROM THIS TAX; BY AMENDING SECTION 40-29-240, RELATING TO VIOLATIONS AND PENALTIES FOR VIOLATIONS OF THE UNIFORM STANDARDS CODE FOR MANUFACTURED HOUSING, SO AS TO INCLUDE A VIOLATION FOR FAILURE TO PROPERLY DISPLAY THE ENERGY EFFICIENCY LABEL REQUIRED BY SECTION 40-29-85; BY ADDING SECTION 58-37-20 SO AS TO REQUIRE THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION TO ADOPT PROCEDURES AND PROVIDE INCENTIVES THAT ENCOURAGE ELECTRICAL AND GAS UTILITIES TO INVEST IN COST-EFFECTIVE ENERGY EFFICIENT TECHNOLOGIES AND ENERGY CONSERVATION PROGRAMS; BY ADDING SECTION 58-37-30 SO AS TO REQUIRE ANNUAL REPORTING TO THE GENERAL ASSEMBLY ON DEMAND-SIDE ACTIVITIES AND PURCHASING POWER OF ELECTRIC UTILITIES; BY ADDING SECTION 58-37-40 SO AS TO REQUIRE ELECTRICAL UTILITIES AND THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY TO PREPARE INTEGRATED RESOURCE PLANS; BY ADDING SECTION 58-37-10 SO AS TO DEFINE "DEMAND-SIDE ACTIVITIES" AND "INTEGRATED RESOURCE PLAN"; BY ADDING SECTION 57-1-140 SO AS TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO DETERMINE THE FEASIBILITY OF INCLUDING HIGH OCCUPANCY VEHICLE LANES, PEDESTRIAN WALKWAYS, AND BICYCLE PATHS IN NEW HIGHWAY CONSTRUCTION; BY AMENDING SECTION 1-11-310, RELATING TO THE STATE MOTOR VEHICLE FLEET, SO AS TO PROVIDE REQUIREMENTS FOR THE TYPES OF VEHICLES THAT MAY BE PURCHASED FOR THIS FLEET AND FOR LAW ENFORCEMENT PURPOSES; BY AMENDING SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO DELETE THE EXEMPTION FOR FUEL ETHANOL BLENDS AND TO ADD AN EXEMPTION FOR CLEAN ALTERNATIVE TRANSPORTATION FUELS; BY AMENDING SECTION 44-96-40, RELATING TO DEFINITIONS IN THE SOLID WASTE MANAGEMENT ACT, SO AS TO REVISE THE DEFINITION OF "MOTOR OIL" AND "SIMILAR LUBRICANTS"; BY AMENDING SECTION 44-96-160, RELATING TO USED OIL REQUIREMENTS, SO AS TO PROVIDE A PAYMENT TO A RETAILER OF MOTOR OIL WHO MAINTAINS AN OIL COLLECTION CENTER OF FIVE CENTS A GALLON FOR OIL RETURNED TO A LICENSED USED OIL TRANSPORTER OR USED OIL RECYCLING FACILITY, TO ALLOW CERTAIN FEES TO BE DEDUCTED FROM THOSE REMITTED TO TRUST FUND PAYMENTS TO BE MADE, AND TO PROVIDE UP TO FIVE HUNDRED DOLLARS REBATE TO RETAILERS WHO MAINTAIN A USED OIL COLLECTION CENTER FOR EQUIPMENT USED IN THE OIL COLLECTION PROCESS; BY AMENDING SECTION 58-25-30, AS AMENDED, RELATING TO CREATION OF A REGIONAL TRANSPORTATION AUTHORITY, SO AS TO PROVIDE THAT A REFERENDUM IS NOT REQUIRED UNLESS A NEW SOURCE OF REVENUE IS IMPOSED AND TO REQUIRE VOTERS TO APPROVE JOINING AN EXISTING AUTHORITY; BY AMENDING SECTION 58-25-40, AS AMENDED, RELATING TO THE APPOINTMENT OF MEMBERS OF THE BOARD OF THE AUTHORITY, SO AS TO PROVIDE THAT THE MEMBERSHIP OF THE GOVERNING BOARD MUST BE APPORTIONED ACCORDING TO POPULATION; BY AMENDING SECTION 58-25-50, RELATING TO THE POWERS AND DUTIES OF THE AUTHORITY, SO AS TO AUTHORIZE AND DIRECT THE AUTHORITY TO COORDINATE PUBLIC TRANSPORTATION SERVICES BEING PROVIDED BY ENTITIES UTILIZING STATE FUNDS OR STATE-ADMINISTERED FUNDS; BY AMENDING SECTION 58-25-60, RELATING TO SOURCES OF FUNDING FOR THE AUTHORITY, SO AS TO PROVIDE LIMITATIONS ON USE OF CERTAIN SOURCES OF FUNDING; TO CREATE AN ALTERNATIVE TRANSPORTATION FUELS STUDY COMMITTEE AND TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES; TO DIRECT THE JOINT LEGISLATIVE COMMITTEE ON ENERGY TO ESTABLISH A TASK FORCE TO STUDY THE FEASIBILITY OF INCREASED PUBLIC RAIL TRANSPORTATION IN SOUTH CAROLINA; AND TO DIRECT THE DIVISION OF MOTOR VEHICLE MANAGEMENT OF THE STATE BUDGET AND CONTROL BOARD TO DETERMINE THE ABILITY TO USE ALTERNATIVE FUELS FOR THE STATE VEHICLE FLEET AND TO SUBMIT A PLAN TO THE GENERAL ASSEMBLY.

(R536) S. 1141 -- Senator Moore: A JOINT RESOLUTION TO EXEMPT FROM SOLID WASTE DISPOSAL FEES PROPERTY DELIVERED PURSUANT TO WRITTEN CONTRACTS EXECUTED BEFORE NOVEMBER 1, 1991; TO EXEMPT FROM THE FEES PROPERTY DELIVERED PURSUANT TO A WRITTEN BID SUBMITTED BEFORE NOVEMBER 1, 1991, CULMINATING IN A CONTRACT BEFORE FEBRUARY 1, 1992, TO REQUIRE A VERIFIED COPY OF THE CONTRACT TO BE FILED WITH THE SOUTH CAROLINA TAX COMMISSION; TO AMEND ACT 612 OF 1990, THE GENERAL APPROPRIATIONS ACT, AS AMENDED, SO AS TO REVISE THE EFFECTIVE DATE FOR A CERTAIN PROVISION; TO AMEND SECTION 44-96-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE SOLID WASTE MANAGEMENT ACT, SO AS TO REVISE THE DEFINITION OF "LEAD ACID BATTERY"; TO AMEND SECTION 44-96-180, RELATING TO LEAD ACID BATTERIES, SO AS TO PROVIDE THAT THE FEE IS IMPOSED ON THE CONSUMER, TO REQUIRE THE DEPARTMENT TO CONDUCT A STUDY ON THE RECYCLING AND DISPOSAL OF THESE BATTERIES, AND TO PROMULGATE REGULATIONS; AND TO AMEND SECTION 44-96-190, RELATING TO DISPOSAL OF YARD TRASH, SO AS TO REVISE THE EFFECTIVE DATES FOR THIS SECTION.

(R537) S. 1394 -- Senators Bryan, J. Verne Smith, Courtney, Mullinax, Rose, Thomas, Lourie and Wilson: AN ACT 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 AND FOR THE MANNER IN WHICH THE FINAL ORDERS OF THE COMMISSIONER MAY BE STAYED; 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.

(R538) S. 1352 -- Senator Bryan: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 4-11-290 SO AS TO PROVIDE A PROCEDURE BY WHICH A SPECIAL PURPOSE DISTRICT WHICH DOES NOT PROVIDE ANY GOVERNMENTAL SERVICE AND WHICH HAS MADE NO PROVISION FOR PROVIDING THE SERVICE MAY BE DISSOLVED, 6-11-435 SO AS TO DEFINE "POLITICAL SUBDIVISION" FOR PURPOSES OF THIS SECTION, TO PROVIDE THAT A DISTRICT WHICH RESULTS FROM ACTION TAKEN PURSUANT TO THIS CHAPTER MAY NOT PROVIDE A GOVERNMENTAL SERVICE TO AN AREA WITHIN ITS BOUNDARIES TO WHICH IT HAS NOT PREVIOUSLY PROVIDED THE SERVICE IF AN OVERLAPPING POLITICAL SUBDIVISION IS AUTHORIZED TO PROVIDE THAT SAME SERVICE IN THE AREA AND THE AREA IS SITUATED WITHIN THE BOUNDARIES OF THE OVERLAPPING POLITICAL SUBDIVISION WITHOUT THE EXPRESS AUTHORIZATION OF THE GOVERNING BODY OF THE OVERLAPPING POLITICAL SUBDIVISION, AND 6-11-455 SO AS TO PROVIDE THAT IF A CONSOLIDATED OR ENLARGED SPECIAL PURPOSE DISTRICT IS PRECLUDED FROM PROVIDING A GOVERNMENTAL SERVICE TO AN AREA WITHIN ITS BOUNDARIES AND THERE MUST NOT BE LEVIED WITHIN THE AREA AD VALOREM TAXES FOR THE PURPOSES OF PROVIDING THE SERVICE TO THE REMAINING PORTIONS OF THE DISTRICT; AND TO AMEND SECTIONS 6-11-440 AND 6-11-470, RELATING TO NOTICE REQUIREMENTS REQUIRED BY A COUNTY COUNCIL WHEN THE BOUNDARY OF A DISTRICT IS ALTERED, SO AS TO PROVIDE A PROCEDURE FOR CONSOLIDATING AND ENLARGING SPECIAL PURPOSE DISTRICTS WHERE THE CONSOLIDATION ENLARGEMENT RESULTS IN AN OVERLAPPING POLITICAL SUBDIVISION AUTHORIZED TO PROVIDE LIKE SERVICES.

(R539) S. 1581 -- Senator Robert W. Hayes, Jr.: AN ACT 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.

(R540) S. 1584 -- Senator Robert W. Hayes, Jr.: AN ACT TO AMEND SECTION 7-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN YORK COUNTY, SO AS TO REVISE THE AREAS OF ROCK HILL PRECINCT NO. 6 AND ROCK HILL PRECINCT NO. 8.

(R541) S. 1398 -- Senators Bryan, J. Verne Smith, Courtney, Martschink, Mullinax, Rose, Stilwell, Thomas and Wilson: AN ACT 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; TO ADD SECTION 29-3-325 SO AS TO PROVIDE THAT THE MORTGAGEE OR ASSIGNEE OF A MORTGAGE IS RESPONSIBLE FOR RECORDING THE SATISFACTION OR CANCELLATION THEREOF UNDER CERTAIN CONDITIONS AND PROVIDE FOR THE MORTGAGES TO WHICH THIS PROVISION APPLIES.

(R542) S. 1519 -- Senator Rose: AN ACT TO AMEND ACT 267 OF 1987, RELATING TO THE PREPARATION OF BUDGETS FOR DORCHESTER COUNTY SCHOOL DISTRICTS, SO AS TO PROVIDE THAT EACH DORCHESTER COUNTY SCHOOL DISTRICT MAY SET THEIR OPERATING BUDGETS UP TO THE REVENUE REQUIREMENTS OF THE EDUCATION FINANCE ACT AND THE EDUCATION IMPROVEMENT ACT, TO PROVIDE THAT THE TAX MILLAGE SET BY DORCHESTER SCHOOL DISTRICTS 2 AND 4 MAY NOT INCREASE BEYOND THE REVENUE REQUIREMENTS IF EFA AND EIA PLUS A LIMITED CASH RESERVE WITHOUT THE APPROVAL OF THE DORCHESTER COUNTY COUNCIL, TO ALLOW DORCHESTER COUNTY SCHOOL DISTRICTS 2 AND 4 TO MAINTAIN A LIMITED CASH RESERVE, TO PROVIDE THE METHOD OF CALCULATING AN INCREASE IN THE TAX MILLAGE, TO PROVIDE FOR SEVERABILITY IN THE EVENT PROVISION ONE HELD INVALID; AND TO PROVIDE THE FILING PROCEDURES FOR A SEAT ON THE DARLINGTON COUNTY SCHOOL DISTRICT.

(R543) S. 283 -- Senator Hinds: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 29 TO TITLE 6 SO AS TO PROVIDE FOR CONSOLIDATION OF EXISTING PLANNING ENABLING LEGISLATION; TO UPDATE EXISTING LEGISLATIVE ACTS; TO REPEAL CHAPTER 27 OF TITLE 4 RELATING TO THE COUNTY PLANNING ACT; TO REPEAL CHAPTER 23 OF TITLE 5 RELATING TO ZONING AND PLANNING BY MUNICIPALITIES; TO REPEAL SECTIONS 6-7-310 THROUGH 6-7-1110 OF CHAPTER 7 OF TITLE 6 RELATING TO PLANNING BY LOCAL GOVERNMENTS; AND TO REPEAL ACT 129 OF 1963 RELATING TO THE GREENVILLE COUNTY PLANNING COMMISSION.

(R544) S. 810 -- Senator Land: AN ACT TO AMEND SECTION 47-5-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RABIES INNOCULATION, SO AS TO REQUIRE IT WITH A FREQUENCY SUFFICIENT TO GIVE CONTINUOUS PROTECTION RATHER THAN ANNUALLY AND TO REQUIRE VETERINARIANS TO REPORT ANNUALLY ON THE NUMBER OF ANIMALS INNOCULATED; TO AMEND SECTION 47-5-150, RELATING TO THE ANTIRABIC VACCINE, SO AS TO PROVIDE THAT THE DEPARTMENT MUST BE REIMBURSED FOR THE VACCINE RATHER THAN REQUIRED TO PROVIDE IT FREE; TO AMEND SECTION 47-5-180, RELATING TO ENFORCEMENT, SO AS TO REQUIRE THE DEPARTMENT TO ENFORCE THE RABIES CONTROL ACT; TO REPEAL SECTIONS 47-5-70, 47-5-130, 47-5-140, 47-5-160, AND 47-5-170, RELATING TO RABIES CONTROL.

(R545) S. 1450 -- Senator Holland: AN ACT 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 AND FOR A DETERMINATION THAT THE PROVISIONS OF THIS SECTION DO NOT APPLY; 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 SECTIONS 17-22-70 AND 17-22-80, RELATING TO ADMISSION TO A PRETRIAL INTERVENTION PROGRAM, SO AS TO FURTHER PROVIDE FOR SUCH ADMISSION; TO AMEND SECTION 17-22-100, RELATING TO THE TIME FOR APPLICATION TO AN INTERVENTION PROGRAM, SO AS TO REVISE THIS TIME AND THE MANNER IN WHICH THIS TIME MAY BE WAIVED, AND TO PROVIDE FOR PRELIMINARY APPROVAL FOR PRETRIAL; 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 FURTHER PROVIDE FOR PERSONS WHO SHALL PAY PRETRIAL 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; TO REPEAL SECTION 17-22-160 RELATING TO THE TIME WITHIN WHICH THE PRETRIAL INTERVENTION PROGRAMS WERE REQUIRED TO BE FIRST ESTABLISHED; AND TO AMEND SECTION 56-5-2940, RELATING TO PENALTIES FOR THE OFFENSE OF DRIVING A MOTOR VEHICLE UNDER THE INFLUENCE OF INTOXICATING LIQUOR, DRUGS, OR LIKE SUBSTANCES, SO AS TO PROVIDE THAT OUT-OF-STATE CONVICTIONS FOR THIS OFFENSE WITHIN TEN YEARS OF THE DATE OF THE LAST OFFENSE ALSO CONSTITUTE PRIOR OFFENSES WITHIN THE MEANING OF THIS SECTION.

(R546) S. 1508 -- Banking and Insurance Committee: AN ACT TO AMEND SECTIONS 38-77-1120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE "MOTOR VEHICLE THEFT AND MOTOR VEHICLE INSURANCE FRAUD REPORTING-IMMUNITY ACT", AND 23-41-20, RELATING TO DEFINITIONS UNDER THE SOUTH CAROLINA ARSON REPORTING-IMMUNITY ACT, SO AS TO PROVIDE THAT "AUTHORIZED AGENCY" OR "AUTHORIZED AGENCIES" INCLUDES THE UNITED STATES DEPARTMENT OF JUSTICE AND ITS FEDERAL BUREAU OF INVESTIGATION.

(R547) S. 1549 -- Senator Carmichael: AN ACT TO AUTHORIZE THE DILLON COUNTY BOARD OF EDUCATION TO BORROW AN AMOUNT NOT TO EXCEED FOUR HUNDRED EIGHTY THOUSAND DOLLARS TO BE USED FOR SCHOOL CONSTRUCTION IN DILLON COUNTY SCHOOL DISTRICT 3, TO PROVIDE FOR THE REPAYMENT OF THE LOAN, AND TO PROVIDE THAT THE AUDITOR OF DILLON COUNTY SHALL LEVY A TAX FOR SCHOOL PURPOSES FOR FISCAL YEAR 1992-93.

(R548) S. 246 -- Senator Lourie: AN ACT TO AMEND SECTION 35-1-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM SECURITIES ACT AND BONDS OR DEPOSITS OF BROKER-DEALERS, AGENTS, AND INVESTMENT ADVISERS, SO AS TO REQUIRE INVESTMENT ADVISERS AND INVESTMENT ADVISER REPRESENTATIVES TO POST SURETY BONDS IN THE AMOUNT OF TEN THOUSAND DOLLARS FOR INVESTMENT ADVISERS AND FIVE THOUSAND DOLLARS FOR INVESTMENT ADVISER REPRESENTATIVES UNDER CERTAIN CIRCUMSTANCES, AND PROVIDE THAT NO BOND IS REQUIRED FOR CERTAIN BROKER-DEALERS OR AGENTS OR FOR CERTAIN INVESTMENT ADVISERS OR INVESTMENT ADVISER REPRESENTATIVES; TO AMEND SECTION 35-1-1220, RELATING TO FRAUD OR DECEIT IN ADVISING AS TO SECURITIES, SO AS TO SPECIFY AND INCLUDE ADDITIONAL ACTS OF ILLEGALITY UNDER THE COVERAGE OF THIS SECTION, AND ALLOW THE SECURITIES COMMISSIONER BY RULE OR ORDER TO ADOPT CERTAIN EXEMPTIONS; TO AMEND SECTION 35-1-1230, RELATING TO THE UNIFORM SECURITIES ACT AND INVESTMENT ADVISORY CONTRACTS, SO AS TO PROVIDE THAT THE COMMISSIONER MAY BY RULE OR ORDER ADOPT EXEMPTIONS FROM THE PROVISIONS OF THIS SECTION WHERE SUCH EXEMPTIONS ARE CONSISTENT WITH THE PUBLIC INTEREST AND WITHIN THE PURPOSES FAIRLY INTENDED BY THE POLICY AND PROVISIONS OF CHAPTER 1, TITLE 35; AND TO AMEND SECTION 35-1-20, AS AMENDED, RELATING TO DEFINITIONS UNDER THE UNIFORM SECURITIES ACT, SO AS TO PROVIDE THAT THE TERM "INVESTMENT ADVISER" ALSO INCLUDES FINANCIAL PLANNERS AND OTHER PERSONS WHO, AS AN INTEGRAL COMPONENT OF OTHER FINANCIALLY RELATED SERVICES, PROVIDE INVESTMENT ADVISORY SERVICES TO OTHERS FOR COMPENSATION AND AS A PART OF A BUSINESS OR WHO HOLD THEMSELVES OUT AS PROVIDING THE INVESTMENT ADVISORY SERVICES TO OTHERS FOR COMPENSATION.

(R549) S. 1561 -- Senators Rose and Matthews: AN ACT TO PROVIDE THAT THE BOARD OF EDUCATION OF DORCHESTER COUNTY IS ABOLISHED UPON THE ELECTION AND QUALIFICATION OF THE BOARD OF TRUSTEES OF DORCHESTER COUNTY SCHOOL DISTRICT 4 AND PROVIDE THAT UPON DISSOLUTION, THE DUTIES AND RESPONSIBILITIES OF THE BOARD ARE DEVOLVED ON THE ELECTED BOARD OF TRUSTEES OF THE RESPECTIVE SCHOOL DISTRICTS IN DORCHESTER COUNTY; AND TO PROVIDE THAT UNTIL THE ELECTION AND QUALIFICATION OF THE MEMBERS OF THE BOARD OF TRUSTEES OF DORCHESTER COUNTY SCHOOL DISTRICT 4, THE BOARD IS PROHIBITED FROM INCURRING ANY TYPE OF BONDED INDEBTEDNESS OR ENTERING INTO ANY TYPE OF LEASE-BACK OR LEASE-PURCHASE AGREEMENT INVOLVING REAL PROPERTY WITH A PUBLIC OR PRIVATE ENTITY WHERE THE DISTRICT IS THE LESSEE.

(R550) S. 732 -- Senator Moore: AN ACT TO AMEND THE 1976 CODE BY ADDING SECTIONS 13-9-180, 13-9-190, 13-9-200, AND 13-9-210, SO AS TO REQUIRE THE SAVANNAH VALLEY AUTHORITY TO PROMULGATE REGULATIONS IN ACCORDANCE WITH CHAPTER 23 OF TITLE 1 AND BUDGET AND CONTROL BOARD APPROVAL; TO AUTHORIZE THE AUTHORITY TO ESTABLISH PROFIT AND NOT-FOR-PROFIT CORPORATIONS AND TO MAKE GRANTS, LOANS, OR GUARANTEES FOR SUCH A NONPROFIT CORPORATION WHICH DO NOT BECOME AN OBLIGATION OF THE STATE; TO EXEMPT AUTHORITY PROPERTY FROM TAXES AND ASSESSMENTS; TO REAFFIRM THE AUTHORITY AS AN "AGENCY" FOR PURPOSES OF CHAPTER 78 OF TITLE 15 AND TO EXCLUDE IT AS "AGENCY" UNDER SECTIONS 2-7-65 AND 2-57-60; TO AMEND SECTION 13-9-10, AS AMENDED, RELATING TO THE AUTHORITY BOARD AND ITS MEMBERSHIP, SO AS TO RESTRUCTURE THE BOARD AND INCREASE ITS MEMBERSHIP FROM EIGHT TO THIRTEEN; TO AMEND SECTION 13-9-20, RELATING TO OFFICERS AND MEETINGS OF THE BOARD, SO AS TO PERMIT THE ESTABLISHMENT OF ADDITIONAL OFFICES AND COMMITTEES; TO AMEND SECTION 13-9-30, AS AMENDED, RELATING TO POWERS AND DUTIES OF THE BOARD, SO AS TO EXEMPT THE AUTHORITY FROM THE STATE PROCUREMENT CODE EXCEPT FOR MINORITY BUSINESS PROVISIONS, TO CONFORM THE NAME "CLARK'S HILL-RUSSELL PROJECT" TO THE "J. STROM THURMOND PROJECT", TO AUTHORIZE THE BOARD TO ACT AS A REGIONAL DEVELOPMENT AGENCY FOR ACQUIRING REAL PROPERTY, AND TO DELETE THE APPROVAL OF THE STATE BUDGET AND CONTROL BOARD FOR SUCH ACQUISITIONS, TO AUTHORIZE THE BOARD TO CHARGE FEES AND OTHER ASSESSMENTS FOR THE USE OF ITS FACILITIES OR SERVICES, TO AUTHORIZE THE BOARD TO EMPLOY, DISMISS, AND COMPENSATE EMPLOYEES AND OTHERS WITHOUT THE STATE EMPLOYEE LEAVE AND GRIEVANCE PROCEDURES OR THE STATE PROCUREMENT CODE APPLYING EXCEPT FOR MINORITY BUSINESS PROVISIONS; TO AMEND SECTION 13-9-35, AS AMENDED, RELATING TO THE AUTHORITY'S EXERCISE OF POWERS, SO AS TO DELETE PROVISIONS REQUIRING THE CONSENT OF THE COUNTY LEGISLATIVE DELEGATION FOR THE AUTHORITY TO EXERCISE ITS POWERS IN THAT COUNTY; TO AMEND SECTION 13-9-40, RELATING TO THE ISSUANCE OF BONDS BY THE AUTHORITY, SO AS TO AUTHORIZE THE BOARD TO ISSUE TAXABLE OR TAX EXEMPT BONDS FOR PURPOSES RELATED TO ACQUIRING, CONSTRUCTING, EQUIPPING, MAINTAINING, AND OPERATING A FACILITY; TO AMEND SECTION 13-9-140, RELATING TO THE EARNINGS OF THE AUTHORITY, SO AS TO ALLOW THE STATE TREASURER TO INVEST FUNDS OF THE AUTHORITY AND TO ALLOW THE FUNDS TO BE UTILIZED IN ACCORDANCE WITH POLICIES OF THE AUTHORITY; TO AMEND SECTION 13-9-150, RELATING TO THE RETENTION OF FUNDS OF THE AUTHORITY, SO AS TO REQUIRE THAT THE AUTHORITY RETAIN UNEXPENDED FUNDS AT THE END OF THE FISCAL YEAR; TO PROVIDE FOR MEMBERSHIP TRANSITION PROVISIONS FOR THE NEWLY CONSTITUTED BOARD, AND TO PROVIDE FOR THE SEVERABILITY OF ILLEGAL OR UNENFORCEABLE PROVISIONS.

(R551) S. 1361 -- Senators Giese, Reese and Lourie: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 38, TITLE 44 SO AS TO ENACT THE SOUTH CAROLINA HEAD AND SPINAL CORD INJURY INFORMATION SYSTEM ACT ESTABLISHING THE SOUTH CAROLINA HEAD AND SPINAL CORD INJURY INFORMATION SYSTEM WHICH CREATES A CENTRAL INFORMATION SURVEILLANCE AND REGISTRY SYSTEM, BY ESTABLISHING A COUNCIL TO THE SYSTEM, TO PROVIDE FOR THE MEMBERS OF THE COUNCIL AND TO PROVIDE FOR THEIR POWERS AND DUTIES, TO REQUIRE REPORTING OF CERTAIN PATIENT INFORMATION RELATED TO HEAD AND SPINAL CORD INJURIES, TO PROVIDE FOR CONFIDENTIALITY AND PROCEDURES FOR OBTAINING RELEASE OF INFORMATION AND CONSENT, TO PROVIDE PENALTIES, TO PROVIDE FOR AN IMPLEMENTATION DATE, TO PROVIDE FOR THE TEMPORARY PLACEMENT AND STAFFING OF THE SYSTEM AT THE INTERAGENCY OFFICE OF DISABILITY PREVENTION WITHIN THE STATE DEPARTMENT OF MENTAL RETARDATION, TO PROVIDE THAT FUNDING FOR THE FIRST TWO YEARS MUST BE PROVIDED BY A GRANT FROM THE CENTER FOR DISEASE CONTROL RECEIVED BY THE INTERAGENCY OFFICE OF DISABILITY PREVENTION, AND TO DIRECT THE SOUTH CAROLINA BOARD OF MEDICAL EXAMINERS TO PROMULGATE REGULATIONS FOR QUALIFICATIONS OF A SPECIAL CLASS OF LICENSE FOR RETIRED PHYSICIANS WHO WISH TO DONATE THEIR SERVICES IN UNDERSERVED AREAS OF THE STATE.

(R552) S. 764 -- Senator Drummond: AN ACT TO AMEND SECTION 50-16-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON IMPORTING CERTAIN LIVE WILDLIFE INTO THIS STATE WITHOUT A PERMIT FROM THE SOUTH CAROLINA DEPARTMENT OF WILDLIFE AND MARINE RESOURCES, SO AS TO INCLUDE A SPECIES OF FRESHWATER FISH, CRUSTACEAN, MOLLUSK, OR OTHER FRESHWATER INVERTEBRATE NOT ALREADY FOUND IN THE WILD OR NOT NATIVE TO THIS STATE IN THE PROHIBITION.

(R553) S. 931 -- Senator Martschink: AN ACT TO AMEND SECTION 59-111-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF LAW ENFORCEMENT OFFICER FOR THE PURPOSES OF FREE TUITION AT A STATE-SUPPORTED COLLEGE, UNIVERSITY, OR VOCATIONAL OR TECHNICAL SCHOOL, SO AS TO INCLUDE A PERSON PERFORMING LAW ENFORCEMENT DUTIES AT THE REQUEST OF AND UNDER THE SUPERVISION OF A FEDERAL AGENCY.

(R554) S. 1526 -- Senator Matthews: AN ACT TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO ABANDON A PORTION OF THE OLD UNITED STATES ROUTES 15 AND 301 IN ORANGEBURG COUNTY FROM THE STATE HIGHWAY SYSTEM.

(R555) S. 1362 -- Banking and Insurance Committee: AN ACT 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.

(R556) S. 883 -- Senators J. Verne Smith, Shealy, Leatherman, Giese, Waddell, Drummond, Moore, Bryan, Lourie, Long, Peeler, Mitchell, Hinds and Mullinax: AN ACT TO AMEND TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 SO AS TO ESTABLISH AN OFFENDER MANAGEMENT SYSTEM ACT TO ALLEVIATE PRISON OVERCROWDING BY PROVIDING FOR THE IDENTIFICATION, PREPARATION, AND PLACEMENT OF APPROPRIATE NONVIOLENT OFFENDERS IN THE COMMUNITY; AND TO REPEAL SECTIONS 24-3-1110 THROUGH 24-3-2060 (ARTICLE 11 OF TITLE 24), THE PRISON OVERCROWDING POWERS ACT.

(R557) S. 1517 -- Medical Affairs Committee: A JOINT RESOLUTION TO DIRECT THE STATE BOARD OF MEDICAL EXAMINERS TO PROMULGATE REGULATIONS SPECIFYING THE CRITERIA FOR PHYSICIAN SUPERVISION OF NURSE PRACTITIONERS AND TO SUBMIT THESE REGULATIONS FOR GENERAL ASSEMBLY REVIEW BY JANUARY 12, 1993.

(R558) S. 1476 -- Senator Drummond: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-460 SO AS TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD, THROUGH THE DIVISION OF INSURANCE SERVICES, TO PAY JUDGMENTS RENDERED PURSUANT TO 42 U.S.C. SECTION 1983 AGAINST INDIVIDUAL GOVERNMENTAL EMPLOYEES AND OFFICIALS OF LIMITED AMOUNTS IN EXCESS OF ONE MILLION DOLLARS, TO PROVIDE THAT THE PAYMENTS ARE LIMITED TO JUDGMENTS AGAINST OFFICIALS COVERED BY A TORT LIABILITY POLICY ISSUED BY THE INSURANCE RESERVE FUND FOR ACTS COMMITTED WITHIN THE SCOPE OF EMPLOYMENT, AND TO PROVIDE THAT PAYMENTS MUST BE RECOVERED BY ASSESSMENTS AGAINST ALL ENTITIES PURCHASING TORT LIABILITY INSURANCE FROM THE INSURANCE RESERVE FUND.

(R559) S. 1310 -- Senators J. Verne Smith, Lourie, Leatherman, McConnell, Moore, Passailaigue, Martschink, McGill and Hinson: AN ACT TO AMEND SECTION 56-5-5015, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUNSCREEN DEVICES, SO AS TO PROHIBIT THE INSTALLATION AND USE OF MORE THAN ONE SUNSCREEN DEVICE, TO PROVIDE FOR A TOTAL LIGHT TRANSMISSION OF SUNSCREENING DEVICE AND FACTORY OR MANUFACTURER INSTALLED SUNSCREENING MATERIAL OF NOT LESS THAN TWENTY-SEVEN PERCENT, TO PROVIDE THAT BEGINNING JANUARY 1, 1993, SUNSCREEN DEVICES APPLIED OR USED ON THE REAR WINDOWS AND THE FACTORY OR MANUFACTURER INSTALLED SUNSCREENING MATERIAL MUST HAVE A TOTAL LIGHT TRANSMISSION OF NOT LESS THAN TWENTY-SEVEN PERCENT, TO PROVIDE FOR A CERTIFICATE OF COMPLIANCE, TO PROVIDE ADDITIONAL PENALTIES, TO ADD DEFINITIONS, TO PROVIDE FOR PROMULGATION OF REGULATIONS, AND TO PROVIDE EXCEPTIONS.

(R560) S. 1403 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSIONERS OF PILOTAGE PORT OF CHARLESTON, RELATING TO HARBOR PILOTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1389, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R561) S. 1426 -- Senator Stilwell: AN ACT TO AMEND SECTION 14-7-1580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GRAND JURIES, SO AS TO PROVIDE FOR THE GRAND JURY TO OBTAIN ATTENDANCE OF WITNESSES AS PROVIDED BY THE SOUTH CAROLINA RULES OF CIVIL PROCEDURE.

(R562) H. 3408 -- Rep. Kirsh: AN ACT TO AMEND CHAPTER 55, TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA CEMETERY ACT OF 1984, SO AS TO REVISE THE SOUTH CAROLINA CEMETERY BOARD AND ITS POWERS AND DUTIES AND THE REQUIREMENTS FOR FUNERAL VAULTS, CEMETERIES, AND LICENSES; AND TO TERMINATE THE PROGRAMS, FUNCTIONS, AND REGULATIONS OF THE SOUTH CAROLINA CEMETERY BOARD JUNE 30, 1996.

(R563) H. 3409 -- Reps. Gregory, Kirsh, Wilkins, Short, Nettles and J. Brown: AN ACT 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, AND TO PROVIDE THAT THE PROVISIONS SHALL NOT BE IMPLEMENTED UNLESS THE REGISTERED ELECTORS OF BERKELEY, DORCHESTER, AND CHARLESTON COUNTIES AGREE TO THE CREATION OF THE AUTHORITY IN A QUESTION TO BE PLACED ON THE BALLOT IN THE RESPECTIVE COUNTIES; TO AMEND TITLE 13, RELATING TO PLANNING, RESEARCH, AND DEVELOPMENT, BY ADDING CHAPTER 19 SO AS TO ESTABLISH THE MIDLANDS AUTHORITY OF SOUTH CAROLINA, AND PROVIDE FOR ITS POWERS, DUTIES, METHODS OF GOVERNANCE, AND FINANCING; TO AMEND TITLE 13, RELATING TO PLANNING, RESEARCH, AND DEVELOPMENT, BY ADDING CHAPTER 21 SO AS TO ESTABLISH THE EDISTO DEVELOPMENT AUTHORITY, AND PROVIDE FOR ITS POWERS, DUTIES, METHODS OF GOVERNANCE, AND FINANCING; AND TO PROVIDE THAT THIS ACT MAY NOT BE CONSTRUED TO REGULATE ELECTRICITY, ELECTRIC SUPPLIERS, ALLOW EMINENT DOMAIN FOR PURPOSES OF ELECTRIC TRANSMISSION OR ALLOW COOPERATIVE AGREEMENTS WITH RESPECT TO ELECTRICITY.

(R564) H. 4703 -- Rep. Stone: AN ACT TO PROVIDE THAT BEGINNING IN 1992 THE BOARD OF TRUSTEES OF THE EDGEFIELD COUNTY SCHOOL DISTRICT MUST BE ELECTED IN NONPARTISAN ELECTIONS AND TO PROVIDE FOR THE TERMS AND MANNER OF ELECTION OF THESE MEMBERS.

(R565) H. 4871 -- Reps. Baxley, Glover, Neilson and Beasley: AN ACT TO AMEND SECTION 7-7-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN DARLINGTON COUNTY, SO AS TO REVISE CERTAIN OF THESE VOTING PRECINCTS, TO ABOLISH THE DARLINGTON COUNTY BOARD OF VOTER REGISTRATION AND DARLINGTON COUNTY ELECTION COMMISSION, AND TO CREATE THE DARLINGTON COUNTY BOARD OF ELECTIONS AND REGISTRATION.

(R566) 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: AN ACT 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, AND TO PROVIDE FOR NOTICE OF FORFEITURE AND SALE OF THE VEHICLE.

(R567) H. 4714 -- Rep. McLeod: AN ACT 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.

(R568) H. 4870 -- Reps. Ross and T.C. Alexander: AN ACT TO PROVIDE FOR THE MANNER IN WHICH THE OCONEE COUNTY SUPERINTENDENT OF EDUCATION SHALL BE ELECTED BEGINNING IN 1994, TO PROVIDE FOR HIS QUALIFICATIONS, COMPENSATION AND DUTIES, TO ESTABLISH THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF OCONEE COUNTY AS THE ENTITY TO MANAGE AND DIRECT THE EDUCATIONAL SYSTEM OF THE COUNTY, TO PROVIDE FOR THE METHOD OF ELECTION OF THE BOARD, ITS POWERS AND DUTIES, AND FOR OTHER FUNCTIONS AND RESPONSIBILITIES OF THE BOARD, AND TO REPEAL ACT 383 OF 1961, ACT 1274 OF 1974, ACT 608 OF 1984, AND ACT 616 OF 1986 RELATING TO THE OCONEE COUNTY SCHOOL DISTRICT, THE BOARD, AND THE COUNTY SUPERINTENDENT OF EDUCATION.

(R569) H. 4822 -- Reps. Townsend, Cooper, P. Harris, Tucker and Chamblee: AN ACT 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.

(R570) H. 4281 -- Rep. Snow: AN ACT 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 PURSUANT TO THE ADMINISTRATIVE PROCEDURES ACT INSTEAD OF THE CIRCUIT COURT; TO AMEND SECTION 46-13-10, RELATING TO THE CITING AND ADMINISTRATION OF THE PESTICIDE CONTROL ACT, SO AS TO CHANGE THE ADMINISTRATION FROM THE CLEMSON UNIVERSITY BOARD OF TRUSTEES TO THE STATE CROP PEST COMMISSION; TO DIRECT THE CODE COMMISSIONER TO CHANGE REFERENCES TO "BOARD OF TRUSTEES OF CLEMSON UNIVERSITY" TO "STATE CROP PEST COMMISSION"; TO AMEND THE 1976 CODE BY ADDING SECTION 46-13-175 SO AS TO AUTHORIZE THE DIRECTOR TO WAIVE ANY PROVISIONS OF CHAPTER 13, TITLE 46 TO INSURE THE AVAILABILITY OF PESTICIDES FOR MINOR USES; AND TO CREATE A COMMITTEE TO REVIEW ACTIVE PESTICIDE USAGE, GROUNDWATER CONTAMINATION, WORKER SAFETY PROTECTION, AND PESTICIDE EDUCATION PROGRAMS.

(R571) H. 4860 -- Reps. Sheheen, Baxley and K. Burch: AN ACT TO AMEND ACT 930 OF 1970, AS AMENDED, RELATING TO SCHOOL TRUSTEES FOR KERSHAW COUNTY, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THE TRUSTEES SHALL BE ELECTED INCLUDING THE ESTABLISHMENT OF NINE SINGLE-MEMBER ELECTION DISTRICTS FROM WHICH TRUSTEES SHALL BE ELECTED BEGINNING IN 1992.

(R572) H. 4359 -- Reps. McAbee, Rhoad, T.C. Alexander and McTeer: AN ACT 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, PROVIDE FOR USE OF THE RECEIPTS FOR ADMINISTRATION AND OPERATION OF THE FORESTRY SERVICES PROGRAM, AND AUTHORIZE THE COMMISSION TO CARRY FORWARD UNEXPENDED FUNDS.

(R573) H. 4880 -- Rep. Baxley: AN ACT 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.

(R574) 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.

(R575) 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.

(R576) 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: AN ACT 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.

(R577) H. 4777 -- Rep. J. Harris: AN ACT TO AMEND SECTION 2-68-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FOLK HERITAGE AWARD, SO AS TO AUTHORIZE THE AWARDS 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.

(R578) H. 4825 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO HEALTH EDUCATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1472, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R579) H. 4837 -- Rep. McAbee: AN ACT TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO CLOSE AND REMOVE FROM THE STATE HIGHWAY SYSTEM A PORTION OF HIGHWAY 31 LOCATED IN MCCORMICK COUNTY.

(R580) H. 4519 -- Rep. G. Bailey: AN ACT TO AMEND SECTION 56-9-351, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUSPENSION OF LICENSE AND REGISTRATION AFTER AN ACCIDENT, SO AS TO DELETE PROVISIONS RELATING TO SUSPENSION OF DRIVER'S LICENSE.

(R581) H. 3400 -- Reps. Wilkins, Nettles, Burch, Cole, Keesley, M. Martin, Huff, Hayes and D. Martin: AN ACT TO AMEND SECTION 16-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FELONIES, SO AS TO PROVIDE A CLASSIFICATION SYSTEM FOR ALL FELONY AND MISDEMEANOR CRIMES AND OFFENSES AND EXCEPTIONS; TO AMEND SECTION 16-1-20, RELATING TO CLASSIFICATION OF OTHER CRIMES, SO AS TO PROVIDE THE MAXIMUM TERM OF IMPRISONMENT, TO EXEMPT OFFENSES WHICH REFER TO A MANDATORY MINIMUM TERM OF IMPRISONMENT, AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 16-1-30, RELATING TO CLASSIFICATION OF NEW OFFENSES, SO AS TO REQUIRE ALL NEW OFFENSES TO BE CLASSIFIED PURSUANT TO SECTIONS 16-1-10 AND 16-1-20; TO AMEND SECTIONS 16-1-40 AND 16-1-50, RELATING TO ACCESSORIES BEFORE THE FACT AND INDICTMENT AND CONVICTION OF ACCESSORIES, SO AS TO MAKE GRAMMATICAL CHANGES; TO AMEND THE 1976 CODE BY ADDING SECTION 16-1-55 SO AS TO CLASSIFY THE OFFENSE OF ACCESSORY AFTER THE FACT; TO AMEND SECTION 16-1-60, RELATING TO THE LIST OF VIOLENT CRIMES, SO AS TO ADD CRIMINAL SEXUAL CONDUCT WITH MINORS AND ASSAULT WITH INTENT TO COMMIT CRIMINAL SEXUAL CONDUCT; TO AMEND THE 1976 CODE BY ADDING SECTION 16-1-80 SO AS TO CLASSIFY AN ATTEMPT; TO AMEND THE 1976 CODE BY ADDING SECTIONS 16-1-90 AND 16-1-100 SO AS TO PROVIDE A LIST OF EACH CRIME AND OFFENSE AND ITS CLASSIFICATION; TO AMEND THE 1976 CODE BY ADDING SECTION 16-1-110 SO AS TO PROVIDE FOR CRIMES OR OFFENSES INADVERTENTLY OMITTED FROM CLASSIFICATION; TO AMEND THE 1976 CODE BY ADDING SECTION 16-11-325 SO AS TO PROVIDE THAT COMMON LAW ROBBERY IS A FELONY AND TO SET THE MAXIMUM TERM OF IMPRISONMENT; TO AMEND SECTIONS 7-25-50, 7-25-80, 7-25-190, 8-1-20, 12-7-2750, 12-9-840, 12-21-2716, 12-27-50, 12-29-610, 12-31-670, 12-45-110, 16-5-10, 16-7-160, AS AMENDED, 16-9-320, AS AMENDED, 16-9-340, 16-11-20, 16-11-170, 16-11-617, 16-11-740, AS AMENDED, 16-13-160, 16-13-170, 16-13-290, 16-15-140, 16-15-385, AS AMENDED, 16-17-410, 16-17-430, 16-17-600, AS AMENDED, 16-21-10, 16-21-40, 16-21-130, 16-21-140, 16-23-220, AS AMENDED, 16-23-230, AS AMENDED, 16-23-240, AS AMENDED, 16-23-260, AS AMENDED, 16-23-410, 16-23-420, 16-23-440, AS AMENDED, 16-23-480, 16-23-490, 16-23-520, 17-13-50, 17-15-90, 20-7-50, 20-7-60, 20-7-80, 23-31-340, AS AMENDED, 23-31-360, AS AMENDED, 24-1-270, 24-13-410, 24-13-420, 27-32-120, 34-13-90, 38-9-150, 38-13-170, 39-22-90, 39-23-80, 43-29-41, 43-30-100, AS AMENDED, 44-23-1150, 44-52-165, 44-53-40, 44-53-375, AS AMENDED, 44-53-390, 44-53-445, AS AMENDED, 44-55-1510, 46-41-30, 47-19-120, 55-1-30, 56-1-1100, 56-5-1030, 57-1-60, 58-13-740, 58-15-820, AND 58-17-4100, RELATING TO VARIOUS CRIMES AND OFFENSES, SO AS TO CHANGE PORTIONS FROM MISDEMEANORS TO FELONIES AND THE MAXIMUM TERM OF IMPRISONMENT TO CONFORM TO THE CLASSIFICATION SYSTEM ESTABLISHED IN SECTIONS 16-1-10 AND 16-1-20; TO AMEND SECTIONS 12-54-40, AS AMENDED, 16-3-410, 16-9-10, 16-9-20, 16-11-140, 16-11-700, AS AMENDED, 16-11-920, AS AMENDED, 16-11-940, AS AMENDED, 16-14-40, 16-14-60, AS AMENDED, 16-14-70, 16-17-470, 20-7-2660, AS AMENDED, 47-21-80, AND 48-43-550, RELATING TO VARIOUS CRIMES AND OFFENSES, SO AS TO CHANGE PORTIONS FROM FELONIES TO MISDEMEANORS, TO CONFORM TO THE CLASSIFICATION SYSTEM ESTABLISHED IN SECTIONS 16-1-10 AND 16-1-20 AND TO PROVIDE FOR PENALTIES; TO AMEND SECTIONS 16-11-510, 16-11-520, 16-13-10, 16-13-30, 16-13-40, 16-13-50, 16-13-70, 16-13-110, 16-13-180, AS AMENDED, 16-13-210, 16-13-230, 16-13-240, 16-13-260, 16-13-420, 16-13-425, 16-13-430, 16-21-80, 38-55-170, AS AMENDED, 46-1-20, 46-1-40, 46-1-60, 46-1-70, AND 49-1-50, AS AMENDED, RELATING TO VARIOUS CRIMES AND OFFENSES INVOLVING PROPERTY, SO AS TO CREATE A THREE TIER CLASSIFICATION BASED UPON THE VALUE OF THE PROPERTY INVOLVED THAT SPECIFIES WHETHER THE OFFENSE IS A MISDEMEANOR OR FELONY AND MAXIMUM TERM OF IMPRISONMENT; TO AMEND SECTIONS 2-17-140, 4-11-130, 4-17-70, 5-21-30, 5-21-40, 6-7-800, 6-7-1080, 6-7-1110, 7-25-10, 7-25-20, 7-25-60, 7-25-70, 7-25-100, 7-25-110, 7-25-120, 7-25-160, 7-25-170, 8-1-30, 8-9-10, 8-11-30, 8-13-320, AS AMENDED, 8-13-540, AS AMENDED, 9-1-1160, 10-11-360, 11-1-20, 11-1-40, 11-9-20, 12-2-70, 12-21-2540, 12-21-2714, 12-21-3070, 12-54-40, AS AMENDED, 16-3-50, 16-3-60, 16-3-70, 16-3-75, 16-3-910, AS AMENDED, 16-5-40, 16-5-130, 16-7-170, 16-9-30, 16-9-410, 16-11-30, 16-11-190, 16-11-330, 16-11-380, 16-11-390, 16-11-560, 16-11-570, 16-13-150, 16-13-385, 16-14-80, 16-14-100, 16-15-130, 16-15-250, 16-15-405, 16-15-425, 16-16-20, 16-17-510, 16-17-560, 16-17-700, 16-21-60, 16-23-50, AS AMENDED, 16-23-465, 16-23-470, 17-7-510, 17-15-150, 22-5-120, 22-9-140, 23-1-20, 23-17-110, 23-31-190, 23-35-130, 24-3-910, 25-1-150, 25-7-20, 25-7-50, 25-15-20, 27-29-150, 30-15-50, 34-19-110, 37-13-50, 38-7-140, 38-13-140, 38-25-330, 38-37-930, 38-37-1650, 38-43-190, 38-43-240, 38-47-60, 38-55-80, 38-55-150, 38-55-160, 38-59-50, 39-15-170, 39-15-470, 39-17-340, 40-5-320, 40-5-350, 40-5-360, 40-6-170, 40-11-300, 40-41-220, 40-43-140, AS AMENDED, 40-43-320, 41-15-50, 43-5-40, 43-33-40, 44-31-360, 44-53-370, AS AMENDED, 46-17-460, 46-19-270, 46-25-80, 48-27-230, 48-27-250, 48-49-60, 50-1-136, 50-13-350, 50-13-1460, 50-13-1470, 50-21-710, 54-1-40, 56-5-750, 56-5-2945, 56-29-30, 58-13-10, 59-25-250, 59-63-450, AND 61-13-810 RELATING TO CRIMES AND OFFENSES, SO AS TO CHANGE THE MAXIMUM TERM OF IMPRISONMENT TO CONFORM TO THE CLASSIFICATION ESTABLISHED FOR EACH OFFENSE; TO AMEND SECTION 16-3-615, RELATING TO SEXUAL BATTERY, SO AS TO CHANGE THE TERM OF IMPRISONMENT TO TEN YEARS; TO AMEND SECTION 22-3-570, RELATING TO MAGISTRATES' JURISDICTION, SO AS TO PROVIDE THAT PETIT LARCENY AND ALL OTHER OFFENSES INVOLVING PERSONAL PROPERTY IN WHICH THE VALUE IS TWO HUNDRED DOLLARS OR LESS IS WITHIN THE MAGISTRATE'S JURISDICTION; AND TO REPEAL SECTIONS 16-1-15 RELATING TO ALL DEGREES OF BURGLARY BEING A FELONY, 16-9-40 RELATING TO ADDITIONAL PERMISSIBLE PUNISHMENT FOR PERJURY, 16-13-20 RELATING TO PRIVILY STEALING FROM PERSON OR HOUSE AS GRAND LARCENY, 16-13-90 RELATING TO THEFT OF BEDDING AND OTHER FURNISHINGS FROM LODGING, 16-13-190 RELATING TO STEALING TIRES OR TUBES, 16-13-200 RELATING TO RECEIPT OF STOLEN TIRES AND TUBES, 16-15-30 RELATING TO ABDUCTING A MAID UNDER SIXTEEN YEARS OF AGE, 16-15-40 RELATING TO CONTRACTING MATRIMONY WITH AN ABDUCTED MAID UNDER THE AGE OF SIXTEEN, 16-15-50 RELATING TO SEDUCTION UNDER PROMISE OF MARRIAGE, 16-15-60 RELATING TO ADULTERY OR FORNICATION, 16-15-70 RELATING TO DEFINITION OF ADULTERY, 16-15-80 RELATING TO DEFINITION OF FORNICATION, 16-15-120 RELATING TO BUGGERY, 16-17-10 RELATING TO PROHIBITION OF BARRATRY, 16-17-20 RELATING TO PERSON CONVICTED OF BARRATRY BARRED FROM PRACTICE OF LAW, 24-5-40 RELATING TO SEPARATE LODGING FOR DEBTORS, 39-23-90 RELATING TO PENALTIES FOR VIOLATING SECTION 39-23-80, AND 54-9-80 RELATING TO IMPRESSING SEAMEN.

(R582) H. 4827 -- Reps. R. Young, Holt and Gonzales: A JOINT RESOLUTION TO DESIGNATE THAT PORTION OF INTERSTATE I-26 IN NORTH CHARLESTON, SOUTH CAROLINA, AS THE "JOHN E. BOURNE, JR. HIGHWAY".

(R583) H. 4211 -- Reps. Sharpe, Sturkie, Smith, Huff, Klapman, Harvin, Bennett, J. Harris, Kennedy, Stone and Wilder: AN ACT 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.

(R584) H. 4640 -- Rep. Bennett: AN ACT 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 AND REQUIRE A CRIMINAL RECORDS CHECK ON THE OFFICERS EVERY TWO YEARS.

(R585) H. 4258 -- Reps. Snow, G. Bailey, Sharpe, Rhoad, Kennedy, Altman, Smith, Farr, Wilder, Waldrop, McAbee and McTeer: AN ACT 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, RESPECTIVELY; TO AMEND SECTION 57-25-150, RELATING TO OUTDOOR ADVERTISING, PERMITS FOR THE ERECTION AND MAINTENANCE OF SIGNS, AND FEES, SO AS TO PROVIDE THAT THE NONREFUNDABLE PERMIT APPLICATION FEE SHALL BE WAIVED FOR SOUTH CAROLINA FARMERS ADVERTISING AGRICULTURAL PRODUCTS PRODUCED ON LAND THAT THEY FARM WHICH ARE FOR SALE TO THE PUBLIC AND IF THE SIGNS DO NOT EXCEED THIRTY-TWO SQUARE FEET; TO REQUIRE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO ISSUE PERMITS FOR EXISTING SIGNS AND OUTDOOR ADVERTISING SIGNS ON HIGHWAYS IN THE INTERSTATE SYSTEM OR FEDERAL-AID PRIMARY SYSTEM IN SOUTH CAROLINA THAT ARE NONCONFORMING ONLY BECAUSE A PERMIT WAS NOT OBTAINED PRIOR TO ERECTION OF THE SIGN, AND PROHIBIT THE DEPARTMENT FROM REQUIRING REMOVAL OF CONFORMING SIGNS AND OUTDOOR ADVERTISING SIGNS AS A PREREQUISITE TO ISSUING A PERMIT FOR SUCH SIGNS THAT WOULD OTHERWISE QUALIFY FOR A PERMIT; TO AMEND SECTION 57-25-140, RELATING TO OUTDOOR ADVERTISING, SIGNS PERMITTED ALONG INTERSTATE OR FEDERAL-AID PRIMARY HIGHWAYS, THE CUSTOMARY USE EXCEPTION, AND THE REMOVAL OF VEGETATION FROM RIGHT-OF-WAYS, SO AS TO AUTHORIZE THE ERECTION AND MAINTENANCE OF SIGNS OF THIRTY-TWO SQUARE FEET OR LESS ADVERTISING AGRICULTURAL PRODUCTS OF A SEASONAL NATURE, SIGNS OF A POLITICAL NATURE, SIGNS ERECTED BY OR ON THE BEHALF OF ELEEMOSYNARY, CIVIC, NONPROFIT, CHURCH, OR CHARITABLE ORGANIZATIONS, OR SIGNS ADVERTISING SPECIAL COMMUNITY EVENTS WHICH ARE ERECTED TEMPORARILY FOR NINETY DAYS OR LESS; TO PROVIDE THAT A SIGN IN EXISTENCE ADJACENT TO AN INTERSTATE OR FEDERAL-AID PRIMARY HIGHWAY WHICH IS ILLEGAL SOLELY BECAUSE A PERMIT HAS NOT BEEN ISSUED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION IS ALLOWED TO REMAIN ERECTED WITHOUT PENALTY FOR ONE HUNDRED TWENTY DAYS FROM PASSAGE OF THIS LEGISLATION IN ORDER TO ALLOW FOR THE APPLICATION FOR A PERMIT TO BE MADE; TO REQUIRE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO PROMULGATE REGULATIONS CONSISTENT WITH SECTION 131(O), TITLE 23, UNITED STATES CODE, OR SUCH OTHER PROVISIONS OF TITLE 23 AS MAY BE APPROPRIATE, TO ALLOW SIGNS, DISPLAYS, AND DEVICES ON FEDERALLY-AIDED PRIMARY ROUTES OUTSIDE OF NON-URBAN AREAS WHICH PROVIDE DIRECTIONAL INFORMATION ABOUT GOODS AND SERVICES IN THE INTEREST OF THE TRAVELING PUBLIC AND WHICH ARE SUCH THAT REMOVAL WOULD WORK AN ECONOMIC HARDSHIP IN SUCH AREAS, AND PROVIDE THAT PURSUANT TO SECTION 131(0), TITLE 23, UNITED STATES CODE, THE DEPARTMENT SHALL SUBMIT THESE REGULATIONS TO THE UNITED STATES SECRETARY OF TRANSPORTATION FOR APPROVAL; AND TO PROVIDE THAT IN ORDER TO COMPLY WITH SECTION 131, TITLE 23, UNITED STATES CODE AND REGULATIONS PROMULGATED UNDER THAT SECTION AND TO PREVENT INTERRUPTION OF THE STATE'S FEDERALLY-AIDED HIGHWAY FUNDING, THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION SHALL CONFER WITH THE FEDERAL HIGHWAY ADMINISTRATION AS TO HOW BEST TO STRUCTURE A NONCONFORMING SIGN REMOVAL PROGRAM, REQUIRE THE DEPARTMENT TO SUBMIT TO THE FEDERAL HIGHWAY ADMINISTRATION IN A TIMELY FASHION ITS PROCESS, PROGRAM, AND TIMETABLE FOR REMOVAL OF NONCONFORMING SIGNS UNDER SECTION 131, TITLE 23, UNITED STATES CODE AND REGULATIONS PROMULGATED UNDER THAT SECTION, AND PROVIDE THAT IN DEVELOPING AND IMPLEMENTING THIS REMOVAL PROGRAM, THE DEPARTMENT SHALL CONSULT WITH INTERESTED PARTIES AND AFFECTED ENTITIES, INCLUDING BUT NOT LIMITED TO, OTHER STATE AND LOCAL AGENCIES, SIGN OWNERS, ENVIRONMENTAL GROUPS, AND THE BUSINESS COMMUNITY.

(R586) H. 4233 -- Reps. McGinnis, Neilson and Baxley: AN ACT TO AMEND SECTION 6-11-91, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPENSATION AND BENEFITS FOR THE GOVERNING BODY OF A SPECIAL PURPOSE DISTRICT OR PUBLIC SERVICE DISTRICT, SO AS TO PROVIDE FOR REIMBURSEMENT FOR EXPENSES ACTUALLY INCURRED, TO DELETE THE RESTRICTIONS ON INSURANCE BENEFITS, AND TO ALLOW THE DISTRICT TO SET THE AMOUNT OF PER DIEM.

(R587) H. 4093 -- Reps. P. Harris, Waldrop and Neilson: AN ACT 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.

(R588) H. 4127 -- Rep. Wilkins: AN ACT 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; 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 ADD SECTION 62-7-112 SO AS TO PROVIDE FOR THE MANNER IN WHICH A REVOCABLE INTER VIVOS TRUST MAY BE CREATED AND FOR ITS EFFECT IN REGARD TO DETERMINING A SPOUSE'S ELECTIVE SHARE RIGHTS.

(R589) H. 3168 -- Rep. Huff: AN ACT 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.

(R590) H. 3636 -- Rep. Clyborne: AN ACT 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 PROVIDE AN EXCEPTION TO THE PROHIBITION AGAINST CONDUCTING PERSONNEL PLACEMENT SERVICES IN A RESIDENCE AND TO AMEND SECTION 41-25-50, RELATING TO PROHIBITED ACTIVITIES OF PERSONNEL AGENCIES, SO AS TO DELETE THE PROHIBITION AGAINST CONDUCTING PLACEMENT SERVICES AT A PLACE OTHER THAN THAT STATED ON THE LICENSE.

(R591) H. 4540 -- Rep. Felder: AN ACT 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 A FIVE DOLLAR FEE FOR AN IDENTIFIER.

(R592) 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.

(R593) H. 4182 -- Reps. Waldrop, Chamblee and Cooper: AN ACT TO AMEND SECTIONS 24-13-1310 AND 24-13-1340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY FOR PARTICIPATION IN THE SHOCK INCARCERATION PROGRAM, SO AS TO PROVIDE THAT A PERSON MUST NOT HAVE ATTAINED THE AGE OF THIRTY YEARS RATHER THAN TWENTY-SIX YEARS AT THE TIME OF ADMISSION TO THE DEPARTMENT OF CORRECTIONS TO BE ELIGIBLE FOR THE PROGRAM, AND TO ADD SECTION 23-15-135 SO AS TO PROVIDE THAT A PUBLIC OFFICIAL OR EMPLOYEE WHO IS A LAW ENFORCEMENT OFFICER MAY ONLY FURNISH FOOD PRODUCTS OR SERVICES TO PRISONERS AFTER JULY 1, 1992, UNDER CERTAIN CONDITIONS.

(R594) H. 3293 -- Reps. Bennett, Snow and Bruce: AN ACT 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 TWELVE, RATHER THAN EIGHT, THOUSAND POUNDS GROSS WEIGHT, WHICH ARE PULLED BEHIND FARM TRACTORS OR TRUCKS AND USED IN THE TRANSPORTATION OF FARM PRODUCTS AND ARTICLES TO AND FROM FARMS, TO PROVIDE THAT FARM TRAILERS EXCEEDING EIGHT THOUSAND POUNDS GROSS WEIGHT, EXCLUDING GOOSENECK-TYPE TRAILERS, 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, TO PROVIDE THAT TRAILERS SO PULLED WHEN PULLED BY A TRUCK, AND NOT A TRACTOR, MUST HAVE DISPLAYED ON THE REAR SIGNAL LAMPS IN ACCORDANCE WITH SECTION 56-5-4730, 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 THE ROADS, STREETS, OR HIGHWAYS OF THIS STATE.

(R595) H. 4859 -- Rep. McTeer: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF MAY 7, 1992, MISSED BY STUDENTS IN HAMPTON SCHOOL DISTRICTS 1 AND 2 DUE TO A BOMB THREAT IS EXEMPT FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN.

(R596) H. 4836 -- Reps. Wilkins, M.O. Alexander, Anderson, Baker, Cato, Clyborne, Fair, Haskins, Jaskwhich, Manly, Mattos and Vaughn: AN ACT TO PROVIDE FOR THE MANNER IN WHICH AND SINGLE-MEMBER ELECTION DISTRICTS FROM WHICH MEMBERS OF THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY MUST BE ELECTED BEGINNING IN 1992, TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS AND VOTING PLACES IN GREENVILLE COUNTY, SO AS TO REVISE THESE PRECINCTS AND VOTING PLACES, AND TO REPEAL ACT 544 OF 1982, RELATING TO THE BOARD OF TRUSTEES OF THE GREENVILLE COUNTY SCHOOL DISTRICT.

(R597) H. 4510 -- Rep. Harrison: AN ACT TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 115, THE PHYSICIANS' PATIENT RECORDS ACT, SO AS TO PROVIDE THAT THE TREATING PHYSICIAN IS THE OWNER OF PATIENT RECORDS, TO PROVIDE FOR THE SECURITY OF AND ACCESS TO PATIENT RECORDS, TO PROVIDE THAT MEDICAL RECORDS MAY NOT BE WITHHELD BECAUSE OF AN UNPAID BILL, TO AUTHORIZE A FEE FOR COPYING PATIENT RECORDS AND PROVIDE EXCEPTIONS, TO REQUIRE PHYSICIANS TO RETAIN ADULT PATIENT RECORDS FOR AT LEAST TEN YEARS AND RECORDS OF MINORS FOR AT LEAST THIRTEEN YEARS, TO PROVIDE REQUIREMENTS FOR THE SALE OF PATIENT RECORDS, TO PROVIDE FOR CIVIL AND CRIMINAL IMMUNITY FOR A PHYSICIAN WHO RELEASES RECORDS IN GOOD FAITH PURSUANT TO WRITTEN AUTHORIZATION BY THE PATIENT OR HIS REPRESENTATIVE, AND TO PROVIDE THAT THIS ACT DOES NOT INVALIDATE OTHER PROVISIONS OF LAW RELATING TO MEDICAL RECORDS.

(R598) H. 4344 -- Rep. G. Bailey: AN ACT 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 PROVIDE THAT THE STATEMENTS ARE ADMISSIBLE 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 TO CERTAIN LAW ENFORCEMENT, SCHOOL, OR COUNSELOR PROFESSIONALS.

(R599) H. 4561 -- Reps. Jennings, J. Harris and K. Burch: AN ACT TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, SO AS TO REVISE THE SEASON IN GAME ZONES 5 AND 8; AND TO AMEND THE 1976 CODE BY ADDING SECTION 50-3-318 SO AS TO PROVIDE FOR THE TEMPORARY TRANSFER OF CONSERVATION OFFICERS.

(R600) H. 4569 -- Rep. Kirsh: AN ACT TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM SALES TAX, SO AS TO PROVIDE THAT PROCESSORS ARE CONSIDERED MANUFACTURERS FOR PURPOSES OF THE EXEMPTIONS RELATING TO THE SALE OF ELECTRICITY OR OTHER FUELS TO MANUFACTURERS FOR CERTAIN USES.

(R601) H. 3606 -- Reps. Waites, Kinon, Rogers, Corning, Quinn, Keyserling, Rama, Cork, Rudnick, Glover, McGinnis, Kempe, Burriss, Huff, Beasley and Cromer: AN ACT 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 SERVE ONLY ONCE WITHIN THREE 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.

(R602) H. 3745 -- Reps. Hayes, H. Brown, Rudnick, Baxley, Kirsh, G. Bailey, G. Brown, Meacham, Nettles, Rama, Altman, Jaskwhich, Gentry, Wilkes, Baker, Clyborne, T.C. Alexander, Rhoad, McCain, Sharpe, Harvin and Tucker: AN ACT TO AMEND SECTION 27-40-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NONCOMPLIANCE BY A TENANT WITH THE RENTAL AGREEMENT UNDER THE PROVISIONS OF THE RESIDENTIAL LANDLORD AND TENANT ACT, SO AS TO INCLUDE WITHIN THE PROVISIONS THE NONCOMPLIANCE WITH SECTION 27-40-540 (PROHIBITION ON ILLEGAL ACTIVITIES), TO AUTHORIZE A LICENSED REAL ESTATE BROKER-IN-CHARGE, IN ADDITION TO THE LANDLORD, TO RECOVER ACTUAL DAMAGES AND OBTAIN INJUNCTIVE RELIEF, TO AUTHORIZE THE BROKER OR LANDLORD TO OBTAIN JUDGMENTS OR EVICTIONS UNDER THE PROCEDURES ESTABLISHED IN THE SECTION, AND TO PROVIDE THAT A LICENSED REAL ESTATE BROKER-IN-CHARGE OR A LICENSED PROPERTY MANAGER IN THE CONDUCT OF HIS BUSINESS MAY IN PERSON, OR BY A REGULAR EMPLOYEE, COMPLETE A FORM WRIT OF EVICTION AND PRESENT FACTS TO A JUDICIAL OFFICER IN BEHALF OF HIS LANDLORD/PRINCIPAL IN SUPPORT OF AN ACTION FOR THE APPROPRIATE REMEDY IF NO SEPARATE CHARGE IS MADE FOR THIS SERVICE, AND TO PROVIDE THAT A LANDLORD MAY RECOVER ATTORNEY'S FEES ONLY WHEN REPRESENTED BY AN ATTORNEY.

(R603) H. 3829 -- Reps. Boan, P. Harris, Harwell, Keegan, Nettles, Scott, Tucker, Wilkins, Kinon, L. Elliott and Houck: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 5 IN TITLE 48, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION, BY ENACTING THE SOUTH CAROLINA WATER QUALITY REVOLVING FUND AUTHORITY ACT SO AS TO CREATE THE SOUTH CAROLINA WATER QUALITY REVOLVING FUND AUTHORITY; TO PROVIDE FOR THE POWERS OF THE AUTHORITY; TO AUTHORIZE THE ESTABLISHMENT BY THE AUTHORITY OF A REVOLVING FUND FOR THE PURPOSE OF MAKING LOANS TO PROJECT SPONSORS FOR THE FINANCING OF WASTEWATER TREATMENT FACILITIES AND OTHER CLEAN WATER PROJECTS; TO AUTHORIZE THE AUTHORITY TO ISSUE BONDS FOR THE PURPOSE OF PROVIDING FUNDS FOR DEPOSIT TO THE REVOLVING FUND; TO PROVIDE FOR THE METHOD OF ISSUANCE AND SECURING OF THE BONDS AND THE PAYMENT; TO AUTHORIZE THE DEPOSIT IN THE REVOLVING FUND OF FEDERAL GRANTS, STATE APPROPRIATIONS, LOAN REPAYMENTS, AND OTHER AMOUNTS AVAILABLE TO THE AUTHORITY; TO AUTHORIZE THE MAKING OF LOANS BY THE AUTHORITY TO PROJECT SPONSORS AND THE BORROWING BY PROJECT SPONSORS FROM THE AUTHORITY; TO REPEAL CHAPTER 6 OF TITLE 48, RELATING TO THE WATER POLLUTION REVOLVING FUND AND TO MAKE THE PROVISIONS OF THE ACT SEVERABLE.

(R604) 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: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 12 TO TITLE 13 SO AS TO CREATE THE TRIDENT ECONOMIC DEVELOPMENT FINANCE AUTHORITY AND PROVIDE FOR IMPLEMENTATION OF THE CHAPTER, FOR APPROVAL OF THE AUTHORITY BY THE QUALIFIED ELECTORS OF BERKELEY, CHARLESTON, AND DORCHESTER COUNTIES, AND APPLICATION OF THE ACT.

(R605) H. 4682 -- Rep. Beasley: AN ACT TO AMEND SECTION 56-3-1150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FREE VEHICULAR REGISTRATION FOR FORMER PRISONERS OF WAR (POWS), 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; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO EXEMPTIONS FROM TAXES, SO AS TO PROVIDE FOR PROPERTY TAX EXEMPTION ON A MOTOR VEHICLE OWNED OR LEASED BY A DISABLED VETERAN THAT HAS SPECIAL LICENSE PLATES, AND ON A MOTOR VEHICLE OWNED OR ISSUED FOR PERSONS TO USE WHEELCHAIRS AND ON MOTOR VEHICLES OWNED OR LEASED BY FORMER POWS; TO AMEND SECTION 56-3-1110, RELATING TO FREE VEHICULAR REGISTRATION FOR VETERANS, SO AS TO ALLOW FREE REGISTRATION ON LEASED VEHICLES; AND TO PROVIDE FOR THE EFFECTIVE DATE OF THE TAX EXEMPTIONS.

(R606) H. 3524 -- Reps. Kirsh and Klapman: AN ACT 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 WITH 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".

(R607) 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.

(R608) 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: AN ACT 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.

(R609) H. 4200 -- Rep. Altman: AN ACT TO AMEND SECTION 56-1-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REVOCATION OR SUSPENSION OF DRIVER'S LICENSE, SO AS TO PROVIDE THAT MULTIPLE PERIODS OF SUSPENSION RUN CONCURRENTLY AND TO PROVIDE THE PROCEDURE FOR LICENSE REINSTATEMENT; AND TO AMEND SECTION 56-1-745, 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.

(R610) H. 3095 -- Reps. P. Harris, Carnell, J. Harris and Mattos: AN ACT TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO PROVIDE FOR MENTAL RETARDATION AS A MITIGATING CIRCUMSTANCE.

(R611) H. 3292 -- Reps. J. Bailey, Haskins and Wilder: AN ACT TO AMEND SECTIONS 7-15-320 AND 7-15-340, 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 TO AMEND SECTION 7-11-70, RELATING TO A POLITICAL PARTY HOLDING A PRESIDENTIAL PRIMARY ELECTION, SO AS TO PROVIDE FOR ABSENTEE BALLOTS THEREFOR UNDER CERTAIN CONDITIONS IF THE PRESIDENTIAL PRIMARY IS HELD ON A SATURDAY.

(R612) H. 4659 -- Reps. Townsend, P. Harris, Shirley, Chamblee and Cooper: AN ACT 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.

(R613) H. 4639 -- Reps. Rama, Altman, Felder, P. Harris, Houck, Manly, Tucker and White: AN ACT TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING SECTION 44-7-265 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMULGATE REGULATIONS REGARDING FREESTANDING OR MOBILE TECHNOLOGY; TO AMEND SECTION 37-6-604, AS AMENDED, RELATING TO THE FUNCTIONS AND DUTIES OF THE DIVISION OF CONSUMER ADVOCACY, SO AS TO INCLUDE PROVIDING LEGAL REPRESENTATION OF CONSUMER INTEREST CONCERNING CERTIFICATES OF NEED; TO AMEND SECTION 44-7-120, AS AMENDED, RELATING TO THE PURPOSE OF THE CERTIFICATE OF NEED AND HEALTH LICENSURE ACT, SO AS TO CHANGE REFERENCES FROM THE STATE MEDICAL FACILITIES PLAN TO THE STATE HEALTH PLAN; TO AMEND SECTION 44-7-130, AS AMENDED, RELATING TO DEFINITIONS, SO AS TO REVISE THE DEFINITION OF "AFFECTED PERSON", "HEALTH CARE FACILITY", "HEALTH SERVICE" AND "FREESTANDING OR MOBILE TECHNOLOGY", AND TO ADD THE DEFINITION OF "LIKE EQUIPMENT WITH SIMILAR CAPABILITIES"; TO AMEND SECTION 44-7-160, AS AMENDED, RELATING TO CIRCUMSTANCES REQUIRING CERTIFICATE OF NEED, SO AS TO DELETE PROVISIONS RELATING TO ACQUISITION OF MEDICAL EQUIPMENT OWNED BY OR LOCATED IN A HEALTH CARE FACILITY; TO AMEND SECTION 44-7-170, AS AMENDED, RELATING TO TRANSACTIONS AND INSTITUTIONS EXEMPT FROM THE ARTICLE, SO AS TO DELETE PROVISIONS RELATING TO THE INITIATION OF SERVICES THROUGH CONTRACTUAL ARRANGEMENTS FOR SHARED MOBILE DIAGNOSTIC AND THERAPEUTIC DEVICES; TO AMEND SECTION 44-7-180, AS AMENDED, RELATING TO THE STATE MEDICAL FACILITIES PLAN, SO AS TO CHANGE THIS PLAN TO THE STATE HEALTH PLAN, TO PROVIDE FOR A HEALTH PLANNING COMMITTEE, ITS MEMBERS AND TERMS, AND TO PROVIDE THAT THE COMMITTEE SHALL ADVISE IN THE PREPARATION OF THE PLAN, TO REVISE THE CONTENT, APPROVAL, AND REVISION PROCEDURES FOR THE PLAN, AND TO ESTABLISH FEES FOR OPERATION OF THE CERTIFICATE OF NEED PROGRAM; TO AMEND SECTION 44-7-200, AS AMENDED, RELATING TO CERTIFICATE OF NEED APPLICATIONS, SO AS TO PROHIBIT CERTAIN DEPARTMENT PERSONNEL FROM COMMUNICATING WITH OTHER PERSONS ABOUT PENDING APPLICATIONS; TO AMEND SECTION 44-7-210, AS AMENDED, RELATING TO PROCEDURES FOLLOWING COMPLETION OF A CERTIFICATE OF NEED APPLICATION, SO AS TO PROVIDE FOR PROJECT REVIEW CRITERIA AND PROCEDURES; TO AMEND SECTION 44-7-230, AS AMENDED, RELATING TO THE NONTRANSFERABILITY OF CERTIFICATE OF NEED, SO AS TO REQUIRE PROJECT REPORTS AND INSPECTIONS TO ASSURE COMPLIANCE AND TO EXTEND A CERTIFICATE OF NEED FROM SIX MONTHS TO ONE YEAR ON MAJOR HOSPITAL CONSTRUCTION PROJECTS; TO AMEND SECTION 44-7-240, AS AMENDED, RELATING TO A STATE CONSTRUCTION PROGRAM, SO AS TO CHANGE THE REFERENCE FROM STATE FACILITIES PLAN TO STATE HEALTH PLAN; TO PROVIDE FOR CERTIFICATE OF NEED EXEMPTIONS FOR MEDICAL EQUIPMENT UNDER CERTAIN CONDITIONS; TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO EVALUATE THE ADEQUACY OF HEART SURGERY AND HEART CATHETERIZATION UNITS IN THE STATE; TO PROVIDE FOR STAGGERED TERMS FOR MEMBERS APPOINTED TO THE HEALTH PLANNING COMMITTEE; AND TO AMEND SECTION 44-7-260, AS AMENDED, RELATING TO FACILITIES AND SERVICES REQUIRING LICENSURE, SO AS TO INCLUDE FREESTANDING OR MOBILE TECHNOLOGY.

(R614) H. 4324 -- Rep. Altman: AN ACT TO AMEND SECTION 56-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL RESTRICTED LICENSES FOR CERTAIN MINORS, SO AS TO CHANGE THE TIME PERIOD FOR OPERATION OF MOTOR VEHICLES.

(R615) H. 3685 -- Reps. J. Williams, Klapman and Wofford: AN ACT 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 NOTICE TO A MORTGAGEE OF RECORD WITHIN TWENTY YEARS OF THE SEIZURE INSTEAD OF TEN YEARS, TO PROVIDE THAT THE NOTICE MAY BE SENT BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED - DELIVER TO ADDRESSEE ONLY, AND TO MAKE GRAMMATICAL CORRECTIONS.

(R616) H. 3364 -- Reps. Kirsh, Huff, Klapman, Beasley, L. Martin, Foster, Rama, Wilkins and R. Young: AN ACT TO PROVIDE THAT THE STATE COMMISSION ON HIGHER EDUCATION SHALL CONDUCT A STUDY TO DETERMINE THE APPROPRIATE ELEMENTS FOR A SOUTH CAROLINA PREPAID POST SECONDARY TUITION PLAN AND REPORT ITS RECOMMENDATIONS TO THE GENERAL ASSEMBLY NO LATER THAN JANUARY 15, 1993.

(R617) H. 4439 -- Rep. Altman: AN ACT 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.

(R618) H. 3172 -- Reps. Wright, Felder, Koon, Derrick, Sturkie and Sharpe: AN ACT TO PROVIDE THAT BEGINNING IN 1994 THE ELECTION OF ALL MEMBERS OF BOARDS OF TRUSTEES OF SCHOOL DISTRICTS IN LEXINGTON COUNTY MUST BE HELD IN NONPARTISAN ELECTIONS AT THE TIME OF THE GENERAL ELECTION, PROVIDE FOR THE METHOD OF NOMINATION OF CANDIDATES AND CONDUCT OF THE ELECTION, TO EXTEND THE TERMS OF THOSE PERSONS AFFECTED BY THESE PROVISIONS, AND TO PROHIBIT CERTAIN POLITICAL ACTIVITY.

(R619) H. 3941 -- Labor, Commerce and Industry Committee: AN ACT TO AMEND SECTION 38-71-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUBROGATION OF AN INSURER OF AN ACCIDENT AND HEALTH INSURANCE POLICY OR CONTRACT TO THE INSURED'S RIGHTS AGAINST THIRD PARTIES, SO AS TO PROVIDE THAT SELF-INSURERS HAVE THE SAME SUBROGATION RIGHTS.

(R620) 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.

(R621) 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.

(R622) H. 3907 -- Reps. Mattos, P. Harris, Manly and Townsend: AN ACT TO REVISE THE CHARGES FOR ENVIRONMENTAL PERMITS, LICENSES, AND CERTIFICATES REQUIRED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL UNDER THE POLLUTION CONTROL ACT, THE SAFE DRINKING WATER ACT, THE HAZARDOUS WASTE MANAGEMENT ACT, THE OIL AND GAS ACT, THE ATOMIC ENERGY AND RADIATION CONTROL ACT, AND DEPARTMENT REGULATIONS.

(R623) H. 3867 -- Rep. Snow: AN ACT TO AMEND SECTION 50-17-840, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USING CERTAIN NETS TO FISH WITHIN THREE MILES FROM WINYAH BAY JETTIES, SO AS TO CLARIFY THE PENALTY TO INCLUDE THE SEIZURE OF AN ENGINE AND ALL RELATED EQUIPMENT FOR A VIOLATION OF THIS SECTION.

(R624) H. 3253 -- Reps. Rudnick, Waites, Cromer, Smith, Wilder, Kempe and Klapman: AN ACT TO AMEND SECTION 7-7-990, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BARRIER-FREE POLLING PLACES FOR PHYSICALLY HANDICAPPED ELECTORS, SO AS TO PROVIDE THAT AN ELECTOR WHO IS PERMANENTLY HANDICAPPED IS NOT REQUIRED TO REREGISTER IN ORDER TO VOTE AT THE BARRIER-FREE POLLING PLACE.

(R625) H. 4291 -- Reps. A. Young, Fulmer, H. Brown, Rama, G. Bailey, Hallman, R. Young, Wofford, Haskins, Wells, Gentry, Felder, Whipper, Gonzales, Vaughn, Meacham, Cooper, Baker, Fair, Cato, Waldrop and Kirsh: AN ACT TO AMEND SECTION 61-3-490, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE OF INTENTION TO APPLY FOR AN ALCOHOLIC LIQUOR LICENSE, SECTION 61-5-50, RELATING TO THE GRANTING OF A LICENSE, AND SECTION 61-9-320, RELATING TO THE QUALIFICATIONS FOR A BEER OR WINE PERMIT, SO AS TO REVISE THE NOTICE REQUIREMENTS FOR LICENSES AND PERMITS TO MAKE THEM CONSISTENT AND PROVIDE FOR PUBLICATION OF NOTICE IN A LOCAL NEWSPAPER PUBLISHED IN THE AREA, AND, FOR SECTION 61-9-320, INCLUDE PARTNERS AND CO-SHAREHOLDERS OF THE APPLICANT IN THE REQUIREMENTS; TO AMEND SECTION 61-3-1000, RELATING TO STRUCTURAL AND OTHER REQUIREMENTS FOR RETAIL ALCOHOLIC LIQUOR STORES OR PLACES OF BUSINESS, SO AS TO REQUIRE NOT MORE THAN TWO MEANS OF PUBLIC INGRESS OR EGRESS ON THE FRONT OR SAME SIDE OF THE BUILDING, EXCEPT DOORS MAY BE LOCATED AT THE CORNER OF TWO ADJACENT SIDES, DELETE THE REQUIREMENTS FOR AN ADDITIONAL DELIVERY OR EMERGENCY DOOR AND FOR STORAGE AREAS AND TOILET FACILITIES, DELETE THE REQUIREMENTS FOR A METAL SIGN AND FOR THE LOCATION OF THE SIGN, AND AUTHORIZE AN ADDITIONAL SIGN TO BE ATTACHED TO THE STORE, SIGNS IN SHOPPING CENTER DIRECTORIES, A SIGN OF THE LICENSED PREMISES, AND DESIGNATED PARKING SIGNS; TO AMEND SECTION 61-3-1010, RELATING TO THE DISPLAY OF STOCK AND PRICES IN RETAIL ALCOHOLIC LIQUOR STORES, SO AS TO AUTHORIZE SIGNS WITHIN A STORE OR PLACE OF BUSINESS WITH THE PRICE AND BOTTLE SIZE IN LETTERS OF ANY SIZE IF NOT VISIBLE FROM OUTSIDE; TO AMEND SECTION 61-3-1020, AS AMENDED, RELATING TO THE PROHIBITION ON THE CONDUCT OF OTHER BUSINESS IN RETAIL ALCOHOLIC LIQUOR STORES, SO AS TO AUTHORIZE THE SALE OF DRINKING GLASSWARE IF PACKAGED WITH ALCOHOLIC LIQUORS BY THE WHOLESALER OR MANUFACTURER IN PACKAGING PROVIDED BY THE PRODUCER AND THE SALE OF NONALCOHOLIC BEVERAGES, OTHER THAN BEER OR WINE, PACKAGED WITH ALCOHOLIC LIQUORS IN SEALED PACKAGES WHICH ARE PACKAGED BY THE ALCOHOLIC LIQUOR PRODUCER AT ITS PLACE OF BUSINESS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 61-7-305 SO AS TO PROHIBIT WHOLESALE OR RETAIL DEALERS FROM REDEEMING PROOF-OF-PURCHASE CERTIFICATES FOR PROMOTIONAL ITEMS AND AUTHORIZE PRODUCERS TO REDEEM BY MAIL CERTIFICATES FOR NONALCOHOLIC PROMOTIONAL ITEMS.

(R626) H. 4367 -- Rep. McLeod: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-7-305 SO AS TO PROHIBIT A LIQUOR WHOLESALER OR RETAILER FROM REDEEMING PROOF-OF-PURCHASE CERTIFICATES FOR PROMOTIONAL ITEMS AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 61-3-1000, RELATING TO STRUCTURAL AND OTHER REQUIREMENTS FOR RETAIL LIQUOR STORES, SO AS TO ALLOW AN ADDITIONAL DOOR AND PROVIDE THE REQUIREMENTS FOR THE LOCATION AND USE OF THE DOOR AND OTHER STRUCTURAL REQUIREMENTS, TO REVISE EXISTING SIGN REQUIREMENTS, ALLOW ADDITIONAL SPECIFIC SIGNS, AND PROHIBIT SIGNS NOT SPECIFICALLY AUTHORIZED; TO AMEND SECTION 61-3-1010, RELATING TO REQUIREMENT FOR THE DISPLAY OF PRICES AND STOCK IN RETAIL LIQUOR STORES, SO AS TO ALLOW PRICE AND BOTTLE SIZE SIGNS OF ANY SIZE WITHIN THE STORE WHEN NOT VISIBLE OUTSIDE; AND TO AMEND SECTION 61-3-1020, AS AMENDED, RELATING TO OTHER BUSINESS IN RETAIL LIQUOR STORES, SO AS TO REVISE REQUIREMENTS RELATING TO OTHER ITEMS WHICH MAY BE SOLD.

(R627) H. 4845 -- Rep. Baxley: AN ACT TO AMEND ACT 748 OF 1978, AS AMENDED, AND AN ACT OF 1992 BEARING RATIFICATION NUMBER 395, RELATING TO THE BOARD OF EDUCATION OF THE DARLINGTON COUNTY SCHOOL DISTRICT, SO AS TO REVISE THE DATE THAT THE NUMBER OF BOARD MEMBERS TAKES EFFECT BY EXTENDING THE EXISTING BOARD COMPOSITION FOR TWO YEARS, UNTIL JANUARY 1, 1995, AND TO MAKE CERTAIN OF THE ABOVE PROVISIONS SUBJECT TO APPROVAL BY THE QUALIFIED ELECTORS OF THE COUNTY IN A REFERENDUM.

(R628) H. 4698 -- Rep. Phillips: AN ACT 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.

(R629) H. 4877 -- Reps. Phillips and McCraw: AN ACT 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 AND TO REPEAL SECTIONS 20, PART II OF ACT 685 OF 1967, ACT 734 OF 1978, AND ACT 275 OF 1989 RELATING TO THE BOARD.

(R630) H. 3384 -- Rep. Altman: AN ACT TO AMEND SECTION 56-5-4150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VEHICLE LOAD CAPACITY, SO AS TO DELETE THE REQUIREMENT OF TRUE UNLOADED WEIGHT SIGN ON FARM TRUCKS AND TO REQUIRE TRUCK TRACTORS TO COMPLY WITH IDENTIFICATION REQUIREMENTS OF THE FEDERAL MOTOR CARRIER SAFETY REGULATIONS; AND TO AMEND SECTION 56-3-2320, AS AMENDED, RELATING TO DEALER TAGS, SO AS TO PROVIDE FOR DEALER TAGS FOR HEAVY DUTY TRUCK FRANCHISES REGARDLESS OF THE NUMBER OF TRUCKS SOLD IN PRECEDING MONTHS.

(R631) H. 4774 -- Reps. Hallman, Barber, Inabinett, Holt, Fulmer, Rama, D. Martin, Whipper, J. Bailey, Kirsh and R. Young: AN ACT TO AMEND SECTION 51-13-720, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT AND TERMS OF THE MEMBERS OF THE PATRIOT'S POINT AUTHORITY, SO AS TO PROVIDE FOR THE COMPOSITION OF THE AUTHORITY AND TO TERMINATE THE TERMS OF THE MEMBERS SERVING ON THE EFFECTIVE DATE OF THIS ACT AND PROVIDE THAT THE GOVERNOR SHALL APPOINT THE MEMBERS AS PROVIDED FOR IN SECTION 51-13-720, AS AMENDED BY THIS ACT.

(R632) H. 4868 -- Reps. Huff, Smith, Sharpe, Rudnick, Stone and Gentry: AN ACT 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.

(R633) H. 4462 -- Rep. McLeod: AN ACT TO PROVIDE FOR THE MANNER IN WHICH MEMBERS OF THE BOARD OF TRUSTEES OF SUMTER COUNTY SCHOOL DISTRICT 2 MUST BE ELECTED, INCLUDING THE ESTABLISHMENT OF SINGLE-MEMBER ELECTION DISTRICTS FROM WHICH THESE MEMBERS MUST BE ELECTED; TO AMEND ACT 741 OF 1990, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF SUMTER COUNTY SCHOOL DISTRICT 17, SO AS TO REVISE THIS METHOD OF ELECTION AND THE SINGLE-MEMBER ELECTION DISTRICTS FROM WHICH THESE MEMBERS ARE ELECTED; AND TO REPEAL ACT 643 OF 1980, ACT 576 OF 1982, AND ACT 796 OF 1988, RELATING TO THESE SCHOOL BOARDS OF TRUSTEES.

(R634) H. 3582 -- Reps. M. Martin and D. Elliott: AN ACT 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 AND FOR A DETERMINATION THAT THE PROVISIONS OF THIS SECTION DO NOT APPLY; TO ADD SECTION 17-22-55 SO AS TO FURTHER PROVIDE FOR CONDITIONS OF ADMISSION TO PRETRIAL FOR THOSE PERSONS CHARGED WITH FISH OR GAME OFFENSES WHICH DO NOT DISQUALIFY THEM FOR 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 SECTIONS 17-22-70 AND 17-22-80, RELATING TO ADMISSION TO A PRETRIAL INTERVENTION PROGRAM, SO AS TO FURTHER PROVIDE FOR SUCH ADMISSION; TO AMEND SECTION 17-22-100, RELATING TO THE TIME FOR APPLICATION TO AN INTERVENTION PROGRAM, SO AS TO REVISE THIS TIME AND THE MANNER IN WHICH THIS TIME MAY BE WAIVED, AND TO PROVIDE FOR PRELIMINARY APPROVAL FOR PRETRIAL; 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 FURTHER PROVIDE FOR PERSONS WHO SHALL PAY PRETRIAL 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; TO REPEAL SECTION 17-22-160 RELATING TO THE TIME WITHIN WHICH THE PRETRIAL INTERVENTION PROGRAMS WERE REQUIRED TO BE FIRST ESTABLISHED.

(R635) H. 4508 -- Reps. Carnell and McAbee: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-1-110 SO AS TO REQUIRE THE ALCOHOLIC BEVERAGE CONTROL COMMISSION TO ACCEPT CHECKS, IN ADDITION TO ANY OTHER METHOD OF PAYMENT IT CONSIDERS APPROPRIATE, IN PAYMENT OF THE FEES DUE FOR ANY LICENSE OR PERMIT IT ISSUES AS PROVIDED BY LAW, PROVIDE THAT IF THE CHECK IS DISHONORED FOR ANY REASON THE COMMISSION MAY SUSPEND THE LICENSE OR PERMIT WITHOUT NOTICE OR A HEARING UNTIL THE APPLICANT MAKES THE PAYMENT IN A FORM SATISFACTORY TO THE COMMISSION AND PAYS A REINSTATEMENT FEE OF FIFTY DOLLARS, AND ALLOW THE COMMISSION TO RETAIN THE REINSTATEMENT FEE IN ORDER TO OFFSET THE COSTS OF THIS PROVISION; AND TO AMEND SECTION 61-3-1020, AS AMENDED, RELATING TO ALCOHOL AND ALCOHOLIC BEVERAGES, REGULATION OF LICENSES, THE PROHIBITION ON THE CONDUCT OF OTHER BUSINESS IN RETAIL STORES, AND EXCEPTIONS, SO AS TO DELETE "MANUFACTURER" AND REPLACE THAT TERM WITH "PRODUCER", AND PROVIDE THAT RETAIL DEALERS ALSO MAY SELL NONALCOHOLIC BEVERAGES, OTHER THAN BEER, PACKAGED TOGETHER WITH ALCOHOLIC LIQUORS IF THE NONALCOHOLIC BEVERAGES AND ALCOHOLIC LIQUORS ARE IN SEALED PACKAGES AND ARE PACKAGED TOGETHER BY THE PRODUCER.

(R636) 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.

(R637) H. 3044 -- Reps. P. Harris, Waldrop and Whipper: AN ACT 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 SUCH FUNDS; TO FURTHER PROVIDE 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 AMEND SECTIONS 12-33-210 AND 12-33-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXES ON LICENSES GRANTED UNDER THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO PROVIDE FOR BIENNIAL LICENSES AND REVISE THE LICENSE TAXES; TO AMEND SECTION 61-3-610, RELATING TO ALCOHOLIC BEVERAGE CONTROL COMMISSION LICENSES TO PURCHASE ALCOHOLIC BEVERAGES FOR COOKING, SO AS TO REVISE THE LICENSE FEE AND CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL; TO AMEND SECTIONS 61-3-710 AND 61-5-70, RELATING TO EXPIRATION OF LICENSES ISSUED BY THE COMMISSION, SO AS TO REVISE THE EXPIRATION DATES AND THE LICENSING PERIOD AND CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL; TO AMEND SECTION 61-5-80, RELATING TO LICENSE FEES, SO AS TO REVISE THE FEES AND THE LICENSING PERIOD; TO AMEND SECTION 61-7-80, RELATING TO REGISTRATION OF PRODUCERS, SECTION 61-7-90, RELATING TO REGISTRATION OF BRANDS OF ALCOHOLIC LIQUORS, SECTION 61-7-110, RELATING TO THE REGISTRATION OF PRODUCER REPRESENTATIVES, SECTION 61-7-130, RELATING TO LICENSING OF PRODUCERS' WAREHOUSES, AND SECTION 61-9-220, RELATING TO PRODUCERS' CERTIFICATES OF REGISTRATION, SO AS TO REVISE THE FEES AND THE LICENSING PERIOD; TO AMEND SECTION 61-9-310, RELATING TO EXPIRATION OF PERMITS ISSUED BY THE COMMISSION, SO AS TO REVISE THE PERMIT FEES, EXPIRATION DATES, AND PERMITTING PERIOD; AND TO AMEND SECTION 61-9-1220, RELATING TO PERMITS FOR BREWERIES AND WINERIES, SO AS TO CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL AND LICENSE TO PERMIT AND REVISE THE FEES AND THE PERMITTING PERIOD; TO AMEND THE 1976 CODE BY ADDING SECTION 33-55-45 SO AS TO PROVIDE FOR THE BIENNIAL LICENSING AND REGISTRATION OF CHARITABLE ORGANIZATIONS BY THE SECRETARY OF STATE; TO AMEND THE 1976 CODE BY ADDING SECTION 35-1-485 SO AS TO PROVIDE FOR THE BIENNIAL LICENSING AND REGISTRATION OF BROKER-DEALERS, AGENTS, AND INVESTMENT ADVISERS BY THE SECRETARY OF STATE; TO AMEND THE 1976 CODE BY ADDING SECTION 39-57-55 SO AS TO PROVIDE FOR THE BIENNIAL LICENSING AND REGISTRATION OF BUSINESS OPPORTUNITY SELLERS; TO AMEND THE 1976 CODE BY ADDING SECTION 41-25-35 SO AS TO PROVIDE FOR THE BIENNIAL LICENSING AND REGISTRATION OF PRIVATE PERSONNEL PLACEMENT SERVICE BUSINESSES; TO AMEND SECTION 33-55-40, RELATING TO THE REGISTRATION OF CHARITABLE ORGANIZATIONS, SO AS TO REVISE THE REGISTRATION PERIOD AND FEE AND CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL; TO AMEND SECTION 35-1-430 AND SECTION 35-1-480, AS AMENDED, RELATING TO THE REGISTRATION OF BROKER-DEALERS, AGENTS, AND INVESTMENT ADVISERS, SO AS TO REVISE THE REGISTRATION PERIOD AND FEE; TO AMEND SECTION 39-57-50, AS AMENDED, RELATING TO THE REGISTRATION OF BUSINESS OPPORTUNITY SELLERS, SO AS TO CHANGE THE REFERENCE TO ANNUAL TO BIENNIAL AND REVISE THE REGISTRATION FEE; AND TO AMEND SECTION 41-25-30, AS AMENDED, RELATING TO THE LICENSING OF PRIVATE PERSONNEL PLACEMENT SERVICE BUSINESSES, SO AS TO REVISE THE LICENSE FEE AND LICENSING PERIOD AND CHANGE THE REFERENCE TO ANNUAL TO BIENNIAL; TO AMEND THE 1976 CODE BY ADDING SECTION 12-21-2719 SO AS TO REQUIRE THE TAX COMMISSION TO CONVERT COIN-OPERATED DEVICE LICENSES TO A BIENNIAL LICENSING PERIOD; TO AMEND SECTION 12-21-2720, AS AMENDED, RELATING TO THE LICENSE TAX ON COIN-OPERATED DEVICES OR MACHINES, SO AS TO REVISE THE LICENSING PERIOD AND TAX, DELETE THE EXEMPTION FOR BATTING MACHINES ON WHICH AN ADMISSIONS TAX IS IMPOSED, AND PROVIDE AN EXEMPTION FOR CERTAIN MACHINES IF AN ADMISSIONS TAX IS IMPOSED; TO AMEND SECTION 12-21-2722, RELATING TO TEMPORARY LICENSES FOR COIN-OPERATED DEVICES, SO AS TO REVISE THE LICENSING PERIOD AND CHANGE THE REFERENCE TO ANNUAL TO BIENNIAL; TO AMEND SECTION 12-21-2728, RELATING TO AN OPERATOR'S LICENSE FOR COIN-OPERATED DEVICES, AND SECTION 12-21-2730, RELATING TO AN OPERATOR'S LICENSE FOR CERTAIN GAME TABLES, SO AS TO PROVIDE FOR BIENNIAL LICENSING AND REVISE THE LICENSE TAX; TO AMEND SECTION 12-21-2734, AS AMENDED, RELATING TO LICENSES TO ENGAGE IN THE BUSINESS OF COIN-OPERATED DEVICES, SO AS TO REVISE THE LICENSING PERIOD AND DELETE THE PROVISIONS FOR A SIX-MONTH LICENSE; TO AMEND SECTION 12-31-220, AS AMENDED, RELATING TO TEMPORARY PERMITS FOR MOTOR CARRIERS, AND SECTION 12-31-250, AS AMENDED, RELATING TO REGISTRATION CARDS, MARKERS, AND FEES FOR MOTOR CARRIERS, SO AS TO REVISE THE REGISTRATION PERIOD AND FEES AND CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL; TO AMEND SECTION 12-31-260, RELATING TO THE TERM OF REGISTRATION CARDS AND MARKERS, SO AS TO REVISE THE TERM AND PROVIDE FOR BIENNIAL CARDS AND MARKERS; AND TO REPEAL SECTION 3 C(2), PART II, ACT 170 OF 1987, RELATING TO COIN-OPERATED LICENSE RENEWALS AND PURCHASES; TO AMEND THE 1976 CODE BY ADDING SECTION 38-3-240 SO AS TO REQUIRE THE INSURANCE COMMISSION TO CONVERT ITS ANNUAL LICENSES TO A BIENNIAL LICENSING PERIOD; TO AMEND SECTION 38-7-10, RELATING TO THE LICENSE FEES FOR INSURERS, SO AS TO REVISE THE FEES AND THE LICENSING PERIOD AND CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL; TO AMEND SECTION 38-5-60, RELATING TO THE QUALIFICATIONS TO BECOME AN APPROVED REINSURER, SO AS TO PROVIDE FOR BIENNIAL INSTEAD OF ANNUAL FEES; TO AMEND SECTION 38-7-120, RELATING TO PAYMENTS AND REFUNDS OF INSURANCE FEES AND TAXES, SO AS TO CHANGE THE REFERENCE TO ANNUAL TO BIENNIAL; TO AMEND SECTION 38-17-160, RELATING TO CERTIFICATES OF AUTHORITY, AND SECTION 38-37-710, RELATING TO FRATERNAL BENEFIT ASSOCIATIONS, SO AS TO REVISE THE LICENSING PERIODS AND FEES; TO AMEND SECTION 38-43-70, RELATING TO NONRESIDENT INSURANCE AGENTS, OFFICERS, AND EMPLOYEES, SO AS TO CHANGE THE REFERENCE TO ANNUAL TO BIENNIAL; TO AMEND SECTION 38-43-80, RELATING TO LICENSE FEES FOR INSURANCE AGENTS, SO AS TO CHANGE THE REFERENCE TO ANNUAL TO BIENNIAL, REVISE THE FEES, AND DELETE THE AUTHORIZATION FOR SEMIANNUAL LICENSES; TO AMEND SECTION 38-43-110, RELATING TO THE DURATION OF AN AGENT'S LICENSE, SO AS TO CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL; TO AMEND SECTION 38-45-20, AS AMENDED, RELATING TO THE REQUIREMENTS FOR LICENSURE AS AN INSURANCE BROKER, AND SECTION 38-45-30, AS AMENDED, RELATING TO THE REQUIREMENTS FOR LICENSURE OF A NONRESIDENT AS AN INSURANCE BROKER, SO AS TO CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL AND REVISE THE LICENSE FEES; TO AMEND SECTION 38-45-50, RELATING TO THE DURATION OF A BROKER'S LICENSE AND NONPAYMENT OF THE LICENSE FEE, SO AS TO CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL; TO AMEND SECTION 38-47-30, RELATING TO THE FEE FOR AN INSURANCE ADJUSTER'S LICENSE, SO AS TO REVISE THE FEE; TO AMEND SECTION 38-47-40, RELATING TO THE DURATION OF AN ADJUSTER'S LICENSE AND NONPAYMENT OF THE LICENSE FEE, SO AS TO CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL; TO AMEND SECTION 38-49-20, RELATING TO LICENSES FOR MOTOR VEHICLE PHYSICAL DAMAGE APPRAISERS, SO AS TO PROVIDE FOR A BIENNIAL LICENSE AND REVISE THE LICENSE FEE; TO AMEND SECTION 38-49-30, RELATING TO CANCELLATION OF LICENSES FOR MOTOR VEHICLE PHYSICAL DAMAGE APPRAISERS, SO AS TO CHANGE THE REFERENCES TO ANNUAL TO BIENNIAL; AND TO AMEND SECTION 38-70-50, RELATING TO PRIVATE REVIEW AGENTS, SO AS TO REVISE THE REGISTRATION FEE AND PERIOD; TO AMEND SECTION 11-9-820, OF THE 1976 CODE, 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 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; TO AMEND THE 1976 CODE BY ADDING CHAPTER 52 IN TITLE 48, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION, SO AS TO ESTABLISH THE STATE ENERGY OFFICE WITHIN THE DIVISION OF GENERAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD, TO PROVIDE THAT PERSONNEL AND FUNDING FOR THIS OFFICE MUST BE DERIVED FROM EXISTING STATE GOVERNMENT PERSONNEL AND FINANCIAL RESOURCES AVAILABLE TO THE STATE, AND TO ESTABLISH THE ENERGY ADVISORY COMMITTEE AND PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES; TO AMEND SECTION 48-23-100 OF THE 1976 CODE, RELATING TO THE SEEDLING PROGRAM OF THE STATE COMMISSION OF FORESTRY, SO AS TO AUTHORIZE THE REFUND OF DEPOSITS FOR SEEDLING ORDERS AND THE PURCHASE AND RESALE OF SEEDLINGS WHEN DEMAND EXCEEDS SUPPLY, AND TO REQUIRE THAT REVENUE RECEIVED FROM RESALE AND DISTRIBUTION OF SEEDLINGS MUST BE RETAINED IN A SEEDLING PURCHASE REVOLVING FUND AND EXPENDED ONLY FOR THAT PURPOSE; TO AMEND SECTION 44-56-160, AS AMENDED, OF THE 1976 CODE, RELATING TO THE HAZARDOUS WASTE CONTINGENCY FUND, SO AS TO PROVIDE FOR THE DISTRIBUTION OF FEES CREDITED TO THE FUND AND TO REQUIRE CERTAIN INTEREST ACCRUED ON THE FUND TO BE CREDITED TO THE GENERAL FUND; TO AMEND THE 1976 CODE BY ADDING SECTION 44-56-163 SO AS TO PROVIDE FOR THE PINEWOOD HAZARDOUS WASTE CONTINGENCY FUND AND THE PINEWOOD DEVELOPMENT FUND; TO AMEND SECTION 44-56-165, RELATING TO HAZARDOUS WASTE REDUCTION AND MINIMIZATION ACTIVITIES, SO AS TO CONFORM THE FUNDING OF THESE ACTIVITIES TO OTHER PROVISIONS OF THIS SECTION; TO AMEND SECTION 44-56-170, AS AMENDED, RELATING TO HAZARDOUS WASTE FEES, SO AS TO INCREASE IN-STATE FEES FROM TWENTY-FIVE DOLLARS TO THIRTY-FOUR DOLLARS A TON, TO INCREASE OUT-OF-STATE FEES FROM THIRTY DOLLARS TO THIRTY-FOUR DOLLARS A TON, AND TO PROVIDE A TEN DOLLAR A TON FEE ON THE INCINERATION OF HAZARDOUS WASTE; TO AMEND THE 1976 CODE BY ADDING SECTION 44-56-175 SO AS TO PROVIDE FOR THE DISTRIBUTION OF FEES FOR THE DISPOSAL OF HAZARDOUS WASTE AND NONHAZARDOUS WASTE AND TO PROVIDE THAT FEES FOR HAZARDOUS WASTE INCINERATION MUST BE CREDITED TO THE GENERAL FUND; TO AMEND SECTION 44-56-510, RELATING TO FEES FOR DISPOSING OF NONHAZARDOUS WASTE AT A HAZARDOUS WASTE SITE, SO AS TO INCREASE IN-STATE FEES FROM FIVE DOLLARS TO THIRTEEN DOLLARS AND SEVENTY CENTS A TON AND OUT-OF-STATE FEES FROM SEVEN DOLLARS TO THIRTEEN DOLLARS AND SEVENTY CENTS A TON; AND TO AMEND SECTION 44-56-810, RELATING TO THE HAZARDOUS WASTE MANAGEMENT RESEARCH FUND, SO AS TO CONFORM THE FINANCING OF THIS FUND TO OTHER PROVISIONS OF THIS ACT; TO AMEND SECTION 12-23-810 OF THE 1976 CODE, AS AMENDED, RELATING TO THE TAX ON LICENSED HOSPITALS, SO AS TO REVISE THE IMPOSITION FORMULA OF THE TAX; TO AMEND SECTION 44-93-170, AS AMENDED, OF THE 1976 CODE, RELATING TO THE INFECTIOUS WASTE CONTINGENCY FUND, SO AS TO PROVIDE THAT THE INTEREST EARNED BY THE FUND BE CREDITED TO THE GENERAL FUND; TO AMEND THE 1976 CODE BY ADDING SECTION 11-3-230 SO AS TO ALLOW PROFESSIONAL AND OCCUPATIONAL LICENSING AGENCIES (POLA'S) TO ESTABLISH SPECIAL COMPTROLLER GENERAL ACCOUNTS FOR THE CREDITING OF TEST FEES RECEIVED IN EXCESS OF AMOUNTS APPROPRIATED TO THESE AGENCIES FOR TEST EXPENSES, TO PROVIDE THAT FUNDS CREDITED TO THESE ACCOUNTS MAY BE USED ONLY TO PAY TEST EXPENSES, TO REQUIRE ACCOUNT BALANCES AT THE END OF A FISCAL YEAR TO BE REMITTED TO THE GENERAL FUND OF THE STATE, AND TO PROVIDE THE PROCEDURES FOR ESTABLISHING AND EXPENDING FUNDS FROM THESE ACCOUNTS; TO AMEND THE 1976 CODE BY ADDING SECTION 58-19-155, SO AS TO REQUIRE THE SOUTH CAROLINA PUBLIC RAILWAYS COMMISSION TO REMIT ONE HUNDRED FIFTY THOUSAND DOLLARS EACH FISCAL YEAR TO THE STATE TREASURER FOR DEPOSIT TO THE CREDIT OF THE GENERAL FUND OF THE STATE; TO AMEND THE 1976 CODE BY ADDING SECTION 40-59-145 SO AS TO EXEMPT FROM THE LICENSING AND OTHER REGULATORY REQUIREMENTS OF THE SOUTH CAROLINA RESIDENTIAL BUILDERS COMMISSION PUBLIC SCHOOL STUDENTS AND INSTRUCTORS WHOSE CONTRACTING WORK IS PART OF A VOCATIONAL COURSE CURRICULUM; TO AMEND THE 1976 CODE BY ADDING SECTION 12-36-2645 SO AS TO IMPOSE THE SALES AND USE TAX ON GROSS PROCEEDS ACCRUING OR PROCEEDING FROM THE BUSINESS OF PROVIDING 900\976 TELEPHONE SERVICE, TO PROVIDE THAT THE APPLICABLE RATE OF THE TAX IS TEN PERCENT, AND TO CREDIT ALL OF THE PROCEEDS OF THE TAX TO THE GENERAL FUND OF THE STATE; TO AMEND THE 1976 CODE BY ADDING SECTION 11-9-85 SO AS TO DIRECT THE COMPTROLLER GENERAL TO ACCRUE VARIOUS TAX AND FEE REVENUES FOR ACCOUNTING PURPOSES AND TO AMEND SECTIONS 12-21-1050 AND 12-33-450, RELATING TO THE PAYMENT OF BEER AND WINE AND ALCOHOLIC LIQUORS TAXES, SO AS TO DELETE THE REQUIREMENT FOR PAYING ESTIMATED TAXES FOR EACH JUNE; TO AMEND THE 1976 CODE BY ADDING SECTION 59-101-360, SO AS TO PROVIDE THAT SALES TAX REVENUES FROM CATALOG SALES WHICH EXCEED REVENUES FROM SUCH SALES IN FISCAL YEAR 1991-92 MUST BE CREDITED TO A SEPARATE FUND STYLED THE HIGHER EDUCATION SALES TAX FUND, TO PROVIDE FOR THE MANNER IN WHICH THESE REVENUES MUST BE USED IN THE FISCAL YEAR 1992-93 AND THEREAFTER, AND TO PROVIDE THAT FUND REVENUES MAY NOT BE USED TO SUPPLANT OTHER APPROPRIATIONS FOR HIGHER EDUCATION; TO AMEND SECTION 12-36-2610 OF THE 1976 CODE, RELATING TO THE DISCOUNT ALLOWED FOR TIMELY PAYMENT OF SALES AND USE TAX, SO AS TO REDUCE FROM TEN THOUSAND DOLLARS TO THREE THOUSAND DOLLARS THE TOTAL AMOUNT OF THE DISCOUNT PERMITTED A TAXPAYER IN ANY ONE STATE FISCAL YEAR; AND TO REPEAL SECTION 12-36-2600, RELATING TO THE PAYMENT OF ESTIMATED SALES TAX AND THE PENALTY FOR FAILURE TO MAKE THE APPROPRIATE ESTIMATED PAYMENT; TO AMEND SECTION 12-27-1260 OF THE 1976 CODE, RELATING TO THE CREDITING OF ADDITIONAL TAXES TO THE STRATEGIC HIGHWAY PLAN FOR IMPROVING MOBILITY AND SAFETY FUND, SO AS TO DELETE THE PROVISION FOR EARNINGS ON INVESTMENTS FROM THE FUND TO BE DEPOSITED IN THE FUND; TO AMEND THE 1976 CODE BY ADDING SECTION 12-27-1295 SO AS TO AUTHORIZE REVENUES CREDITED TO THE STRATEGIC HIGHWAY PLAN FOR IMPROVING MOBILITY AND SAFETY FUND (SHIMS) TO BE USED TO MATCH FEDERAL HIGHWAY FUNDS WHEN FEDERAL MATCHING FUNDS WOULD OTHERWISE BE LOST BECAUSE OTHER FUNDS OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, AVAILABLE TO MATCH FEDERAL FUNDS, EXCLUDING "C" FUNDS, ARE EXHAUSTED AND TO PROVIDE THAT SHIMS REVENUES NOT REQUIRED TO MATCH FEDERAL HIGHWAY FUNDS MUST BE EXPENDED ON SHIMS PROJECTS THAT ARE INELIGIBLE TO RECEIVE FEDERAL FUNDS; TO AMEND ARTICLE 1, CHAPTER 11, TITLE 57, RELATING TO FINANCES OF THE DEPARTMENT, SO AS TO PROVIDE THAT THE DEPARTMENT MUST PROCESS ALL VOUCHERS FOR THE PAYMENT OF GOODS, SERVICES, AND PERSONNEL SERVICES THROUGH THE OFFICE OF THE COMPTROLLER GENERAL; TO AMEND SECTION 11-35-45(B), RELATING TO THE DEPARTMENT'S LUMP SUM STATUS, SO AS TO ELIMINATE THE DEPARTMENT'S LUMP SUM STATUS; TO AMEND SECTION 57-3-450, RELATING TO THE SECRETARY-TREASURER OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, SO AS TO RENAME THE POSITION AND TO PROVIDE FOR APPOINTMENT BY THE EXECUTIVE DIRECTOR; TO AMEND SECTION 57-3-470, RELATING TO THE STATE HIGHWAY ENGINEER, SO AS TO RENAME THE POSITION AND TO PROVIDE FOR THE APPOINTMENT BY THE EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION; TO AMEND SECTION 57-3-760, RELATING TO THE ANNUAL REPORT, SO AS TO PROVIDE THAT ADDITIONAL INFORMATION BE INCLUDED; AND TO REPEAL SECTIONS 57-11-30, 57-11-40, 57-11-50, 57-11-60, AND 57-11-70 RELATING TO FINANCES OF THE DEPARTMENT EFFECTIVE JULY 1, 1993; TO AMEND THE 1976 CODE BY ADDING SECTION 1-11-450 SO AS TO REQUIRE ALL STATE AGENCIES AND INSTITUTIONS TO PARTICIPATE IN THE STATE BUDGET AND CONTROL BOARD SUGGESTION AWARDS PROGRAM; TO AMEND SECTIONS 44-2-20, 44-2-40, AS AMENDED, 44-2-60, AS AMENDED, 44-2-70, AS AMENDED, 44-2-90, AS AMENDED, 44-2-110, AS AMENDED, 44-2-120, AND 44-2-130, AS AMENDED, RELATING TO THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK ACT, SO AS TO REVISE AND ADD CERTAIN DEFINITIONS, ESTABLISH A SECOND FUND ENTITLED THE "SUPERB FINANCIAL RESPONSIBILITY FUND" TO BE USED FOR COMPENSATING THIRD PARTY CLAIMS, TO PROVIDE THAT COSTS WHICH MAY BE REIMBURSED OR PAID FROM THE FIRST FUND ENTITLED THE SUPERB ACCOUNT INCLUDE THOSE THAT ARE USUAL, CUSTOMARY, AND REASONABLE, TO PERMIT PERSONS TO OBTAIN A DETERMINATION OF ELIGIBILITY FROM THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO UTILIZE THE SUPERB ACCOUNT, TO ALLOW INTEREST TO BE PAID FROM THE SUPERB ACCOUNT FOR OVERDUE PAYMENTS FOR REMEDIAL WORK PERFORMED, TO FURTHER PROVIDE FOR THE FEES WHICH ARE AUTHORIZED TO BE IMPOSED AND FOR THE USE AND DISTRIBUTION OF THESE FEES, AND TO EXTEND THE EXPIRATION DATE OF THE GENERAL GRACE PERIOD OF THE EARLY DETECTION INCENTIVE PROGRAM TO JUNE 30, 1993; TO AMEND SECTIONS 50-21-160 AND 50-23-220 OF THE 1976 CODE, RELATING TO THE DISPOSITION OF FEES AND FINES FOR WATERCRAFT VIOLATIONS AND WATERCRAFT AND OUTBOARD MOTOR TITLE FEES, SO AS TO PERMIT THE FEES ALLOWED TO BE RETAINED BY THE SOUTH CAROLINA WILDLIFE AND MARINE RESOURCES DEPARTMENT TO BE USED FOR ALL DEPARTMENTAL PURPOSES; TO AMEND SECTION 8-11-135 OF THE 1976 CODE, RELATING TO AUTHORITY OF A STATE AGENCY TO PAY CERTAIN EMPLOYEE MOVING EXPENSES, SO AS TO DELETE THE REQUIREMENT THAT THE PAYMENT AMOUNT MUST BE APPROVED BY THE STATE BUDGET AND CONTROL BOARD AND TO REQUIRE THE STATE AUDITOR IN THE REGULAR AGENCY AUDIT TO DETERMINE COMPLIANCE WITH THE APPLICABLE REQUIREMENTS FOR SUCH PAYMENTS; TO AMEND THE 1976 CODE BY ADDING SECTION 57-5-1140 SO AS TO PROVIDE FOR INSTALLATION OF RESIDENTIAL RIGHTS-OF-WAY ENTRANCES AND APRONS TO STATE HIGHWAYS BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION; TO AMEND SECTION 12-7-1235 OF THE 1976 CODE, RELATING TO THE STATE INCOME TAX CREDIT FOR PAYMENTS BY THE TAXPAYER TO INSTITUTIONS PROVIDING SKILLED OR INTERMEDIATE CARE, SO AS TO CHANGE THE REFERENCE TO SKILLED OR INTERMEDIATE CARE TO NURSING FACILITY LEVEL OF CARE AND TO EXTEND THE CREDIT TO PAYMENTS FOR IN-HOME OR COMMUNITY CARE FOR PERSONS DETERMINED TO MEET NURSING FACILITY LEVEL OF CARE CRITERIA AS CERTIFIED BY A LICENSED PHYSICIAN; TO AMEND SECTION 44-7-84, AS AMENDED, OF THE 1976 CODE, RELATING TO MEDICAID NURSING HOME BEDS, SO AS TO DELETE THE MEDICAID NURSING HOME BED FEE; TO PROVIDE THAT FOR FISCAL YEARS 1987-88, 1988-89, 1989-90, AND 1990-91, TEN FIFTY-FIFTHS OF DOCUMENTARY STAMP TAX REVENUES COLLECTED BY THE SOUTH CAROLINA TAX COMMISSION MUST BE PAID TO THE HERITAGE LAND TRUST FUND; TO AMEND THE 1976 CODE BY ADDING SECTION 11-9-140 SO AS TO AUTHORIZE A STATE AGENCY TO CONTRACT BY THE COMPETITIVE BIDDING PROCESS, FOR THE SALE OF ADVERTISING SPACE, TO PROVIDE FOR THE DISTRIBUTION OF THE ADVERTISING REVENUE, TO PROVIDE THE REQUIREMENTS WHICH THE ADVERTISING AND THE SALE OF THE ADVERTISING MUST MEET TO PROVIDE A PROCEDURE FOR WRITTEN OBJECTION TO ADVERTISING PLACED PURSUANT TO THE PROVISIONS OF THIS SECTION; TO AMEND THE 1976 CODE BY ADDING SECTION 12-21-3610 SO AS TO EXTEND THE SALES TAX TO THE GROSS PROCEEDS OF BINGO GAMES EXCEPT FOR BINGO GAMES HELD UNDER A CLASS E LICENSE; TO AMEND THE 1976 CODE BY ADDING SECTION 56-1-725 SO AS TO PROVIDE THAT ANY PERSON CONVICTED OF, PLEADING GUILTY OR NOLO CONTENDERE TO, OR POSTING BOND FOR A TRAFFIC VIOLATION FOR WHICH POINTS ARE ASSESSED PURSUANT TO SECTION 56-1-720 MUST PAY AN ADDITIONAL ASSESSMENT OF FIVE DOLLARS, NO PORTION OF WHICH MAY BE SUSPENDED; TO AMEND THE 1976 CODE, BY ADDING SECTION 12-7-2419 SO AS TO PROVIDE A DESIGNATION ON INCOME TAX FORMS TO CONTRIBUTE TO AN ELDERCARE TRUST FUND; AND TO ADD SECTIONS 43-21-160, 43-21-170, AND 43-21-180 SO AS TO PROVIDE FOR THE CREATION AND ADMINISTRATION OF THE ELDERCARE TRUST FUND OF SOUTH CAROLINA; TO AMEND THE 1976 CODE BY ADDING SECTION 12-9-40, SO AS TO REQUIRE INCOME TAX WITHHOLDING ON DISTRIBUTIONS TO NONRESIDENT SHAREHOLDERS OF `S' CORPORATIONS AND NONRESIDENT PARTNERS, TO PROVIDE THE RATE AND PROCEDURES FOR THE WITHHOLDING, AND TO PROVIDE EXCEPTIONS; TO AMEND THE 1976 CODE BY ADDING SECTION 1-11-465, SO AS TO PROHIBIT THE USE OF FUNDS FROM THE INSURANCE RESERVE FUND OR OTHER RESERVE FUNDS TO PAY LEGAL FEES AND ASSOCIATED COSTS TO DEFEND STATE OR LOCAL OFFICERS FROM A 1983 ACTION ARISING OUT OF REDISTRICTING; TO AMEND CHAPTER 31, TITLE 56 OF THE 1976 CODE, RELATING TO THE RENTAL OF PRIVATE PASSENGER MOTOR VEHICLES, BY ADDING SECTION 56-31-50 SO AS TO PROVIDE THAT RENTAL COMPANIES ENGAGED IN THE BUSINESS OF RENTING PRIVATE PASSENGER MOTOR VEHICLES FOR PERIODS OF THIRTY-ONE DAYS OR LESS SHALL COLLECT CERTAIN SURCHARGES ON ALL RENTAL CONTRACTS, PROVIDE FOR THE USE OF THE REVENUE GENERATED BY THESE SURCHARGES, PROVIDE FOR A MISDEMEANOR OFFENSE AND PENALTIES, AND PROVIDE FOR THE PROMULGATION OF REGULATIONS BY THE TAX COMMISSION; TO AMEND SECTION 13-7-30 OF THE 1976 CODE, RELATING TO THE POWERS AND DUTIES OF THE STATE BUDGET AND CONTROL BOARD IN REGARD TO RADIOACTIVE WASTE, SO AS TO PROVIDE THAT NO MORE THAN TWO MILLION, FIVE HUNDRED THOUSAND DOLLARS A FISCAL YEAR MAY BE PAID TO THE GOVERNING BODY OF BARNWELL COUNTY FROM THE SURCHARGES AND PENALTY SURCHARGES COLLECTED AT THE BARNWELL FACILITY AND TO FURTHER PROVIDE FOR THE USE OF THE REMAINING FUNDS GENERATED FROM THE COLLECTION OF THESE SURCHARGES AND PENALTY SURCHARGES; TO AMEND SECTION 48-47-30, RELATING TO THE DEFINITIONS IN REGARD TO THE SOUTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT, SO AS TO REVISE THE DEFINITION OF "REGIONAL FACILITY" TO AUTHORIZE THE BARNWELL FACILITY TO REMAIN THE REGIONAL FACILITY UNTIL JANUARY 1, 1996; TO AMEND SECTION 48-48-30, RELATING TO LIMITS ON THE AMOUNT OF WASTE WHICH MAY BE DISPOSED OF AT THE BARNWELL FACILITY, SO AS TO EXTEND THE LIMIT ON THE AMOUNT OF WASTE WHICH MAY BE DISPOSED OF AT THE BARNWELL FACILITY TO TEN MILLION CUBIC FEET THROUGH JANUARY 1, 1996, NOT TO EXCEED ONE MILLION, TWO HUNDRED THOUSAND CUBIC FEET OF WASTE FOR A CALENDAR YEAR; TO AMEND SECTION 48-48-80, RELATING TO LEGISLATIVE AUTHORIZATION FOR CONTINUED OPERATION OF THE LOW-LEVEL WASTE DISPOSAL FACILITY LOCATED NEAR BARNWELL, SO AS TO AUTHORIZE THAT FACILITY TO CONTINUE TO OPERATE, AND ALSO SERVE AS THE REGIONAL DISPOSAL FACILITY FOR THE SOUTHEAST REGION UNTIL JANUARY 1, 1996, UNDER CERTAIN CONDITIONS; TO AMEND SECTION 48-48-90, RELATING TO THE CARRY-FORWARD OF UNUSED ANNUALIZED SITE CAPACITY, SO AS TO PROVIDE THAT THE TOTAL AMOUNT OF WASTE WHICH MAY BE DISPOSED OF AT THE FACILITY PRIOR TO DECEMBER 31, 1995, IS TEN MILLION CUBIC FEET AND EXTEND THE CARRY-FORWARD PROVISION TO DECEMBER 31, 1995; AND TO PROVIDE THAT IF THE STATE OF NORTH CAROLINA ISSUES A PERMIT FOR A HAZARDOUS WASTE OR SOLID WASTE FACILITY AT A SITE LOCATED WITHIN ONE MILE OF THE BORDER OF A NEIGHBORING STATE AFTER THE EFFECTIVE DATE OF THIS SECTION, LOW-LEVEL WASTE GENERATED OUTSIDE OF THE STATE OF SOUTH CAROLINA MAY NOT BE DISPOSED AT THE LOW-LEVEL RADIOACTIVE WASTE FACILITY LOCATED AT BARNWELL AFTER THE DATE OF ISSUANCE OF THE PERMIT BY THE STATE OF NORTH CAROLINA OR JANUARY 1, 1993, WHICHEVER DATE IS LATER; TO AMEND SECTION 12-27-1270, AS AMENDED, OF THE 1976 CODE, RELATING TO THE ECONOMIC DEVELOPMENT ACCOUNT, SO AS TO INCREASE FROM TEN TO FIFTEEN MILLION DOLLARS OF THE AMOUNT SHIMS REVENUES THAT MUST BE CREDITED TO THE ACCOUNT IN A FISCAL YEAR AND TO AMEND A JOINT RESOLUTION OF 1992 BEARING RATIFICATION NUMBER 409, RELATING TO A TEN MILLION DOLLAR INCREASE IN THE ECONOMIC DEVELOPMENT ACCOUNT FOR FISCAL YEAR 1992-93, SO AS TO CONFORM THE RESOLUTION TO THE PROVISIONS OF THIS SECTION; TO AMEND SECTION 6-10-30 OF THE 1976 CODE, RELATING TO BUILDING CODES, SO AS TO ALLOW CERTAIN EXCEPTIONS TO PROMOTE AFFORDABLE HOUSING; TO AMEND SECTIONS 58-25-40, AS AMENDED, AND 58-25-60, RELATING TO REGIONAL TRANSPORTATION AUTHORITIES, SO AS TO PROVIDE FOR PER DIEM OF MEMBERS UNDER CERTAIN CONDITIONS AND LIMIT SOURCES AND USES OF REVENUES; AND TO PROHIBIT INTEGRATED RESOURCE PLAN REQUIREMENTS FOR GAS UTILITIES UNDER CERTAIN CIRCUMSTANCES.

(R638) H. 4337 -- Rep. Kirsh: AN ACT TO AMEND SECTION 9-11-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ACCIDENTAL DEATH BENEFIT PROGRAM UNDER THE SOUTH CAROLINA POLICE OFFICERS' RETIREMENT SYSTEM, SO AS TO INCREASE BY TEN PERCENT THE MONTHLY ALLOWANCE OF A BENEFICIARY UNDER THE PROGRAM WHO WAS RECEIVING BENEFITS UNDER THE PROGRAM ON JULY 1, 1991, AND TO MAKE THE INCREASE EFFECTIVE JULY 1, 1992.

(R639) H. 4245 -- Reps. J. Harris, Harvin, Kirsh, Sharpe, G. Brown, Jaskwhich, Rogers, H. Brown, Keyserling, Waites, Mattos, Cromer, J. Bailey, K. Burch, McAbee, P. Harris, Chamblee, Boan, Jennings, Stoddard, Phillips, Hodges, McTeer, Wilkins, Carnell, J.W. Johnson, Rudnick, M. Martin and D. Elliott: AN ACT TO AMEND TITLE 60, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 12 SO AS TO GIVE AUTHORITY TO THE DEPARTMENT OF ARCHIVES AND HISTORY TO IDENTIFY, RECORD, AND EVALUATE ALL STATE-OWNED OR LEASED FACILITIES TO DETERMINE WHICH OF THESE FACILITIES MAY BE CONSIDERED HISTORICALLY SIGNIFICANT, TO REQUIRE THE DEPARTMENT TO PROVIDE COPIES OF THE INVENTORY TO DEPARTMENTS, AGENCIES, AND INSTITUTIONS WHICH HAVE JURISDICTION OVER THE BUILDINGS AND SITES LISTED, TO AUTHORIZE THE DEPARTMENT OF ARCHIVES AND HISTORY TO INSTITUTE A HISTORIC PRESERVATION REVIEW PROCESS FOR PERMANENT IMPROVEMENTS AND CONSTRUCTION AFFECTING HISTORIC PROPERTIES OR FACILITIES, TO PROVIDE FOR EXCEPTIONS, TO PROVIDE THAT THE STATE HOUSE COMMITTEE SHALL CAUSE THE DEPARTMENT OF ARCHIVES AND HISTORY TO REVIEW AND COMMENT ON ANY PROPOSAL FOR ALTERATIONS OR RENOVATIONS TO THE STATE HOUSE OR THAT AREA DESIGNATED AS THE CAPITOL COMPLEX AND PROVIDE THAT THE POLICY AND DECISIONS OF THE STATE HOUSE COMMITTEE, WITH REGARD TO ANY PROPOSAL FOR OR ADMINISTRATION OF, ANY PROJECT OR PROGRAM FOR THE MAINTENANCE, ALTERATION, OR RENOVATION OF THE STATE HOUSE OR THAT AREA DESIGNATED AS THE CAPITOL COMPLEX IS FINAL; AND TO AMEND SECTION 54-7-670, RELATING TO A HOBBY LICENSE FOR THE TEMPORARY SEARCH AND RECOVERY OF SUBMERGED ARCHAEOLOGICAL HISTORIC PROPERTY OR SUBMERGED PALEONTOLOGICAL PROPERTY, SO AS TO REQUIRE THE INSTITUTE OF ARCHAEOLOGY AND ANTHROPOLOGY TO RELEASE TITLE WITHIN SIXTY DAYS FROM THE RECEIPT OF THE QUARTERLY REPORT TO ARTIFACTS INSTEAD OF SPECIMENS REPORTED.

(R640) H. 4582 -- Reps. Barber, Rama, Holt, Hallman, Fulmer and R. Young: AN ACT 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 AND ROAD #S16-666 IN DARLINGTON COUNTY.

(R641) H. 4239 -- Reps. Harrison and Quinn: AN ACT TO AMEND SECTION 25-11-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF THE DIRECTOR OF VETERANS AFFAIRS, SO AS TO ALLOW THE VETERANS OF FOREIGN WARS AND THE DISABLED AMERICAN VETERANS, ALONG WITH THE AMERICAN LEGION, TO MAKE A RECOMMENDATION TO THE GOVERNOR FOR A DIRECTOR AND TO PROVIDE THAT THE GOVERNOR IS NOT REQUIRED TO APPOINT THE PERSON RECOMMENDED.

(R642) H. 4092 -- Rep. Rama: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 43, TITLE 44 SO AS TO ENACT THE BONE MARROW DONOR ACT AND TO PROVIDE THAT THE MEDICAL UNIVERSITY OF SOUTH CAROLINA AND THE UNIVERSITY OF SOUTH CAROLINA SHALL CONDUCT BONE MARROW DRIVES.

(R643) H. 4390 -- Reps. Corning, Wright, Shissias, Quinn, Wilkes and Waites: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-217 SO AS TO ALLOW A SCHOOL DISTRICT BOARD OF TRUSTEES TO CONSIDER NONSCHOOL RECORDS, THE PRIOR DISCIPLINARY RECORDS IN ANY SCHOOL IN WHICH A STUDENT WAS PREVIOUSLY ENROLLED AS THESE RECORDS RELATE TO VIOLATIONS OF CERTAIN OFFENSES TO DETERMINE IF THE STUDENT MEETS THE STANDARDS OF CONDUCT AND BEHAVIOR REQUIRED TO BE ENROLLED IN A SCHOOL IN THE DISTRICT, TO PROVIDE THAT BASED ON THE RECORD, THE BOARD MAY BAR THE STUDENT'S ENROLLMENT IN A DISTRICT SCHOOL FOR UP TO ONE YEAR, TO REQUIRE NOTICE, A HEARING, AND OTHER PROCEDURAL RIGHTS APPLICABLE TO EXPULSIONS FOR STUDENTS SUBJECT TO THE BAR ALLOWED BY THIS SECTION, AND TO PROVIDE THAT A STUDENT MAY REAPPLY FOR ENROLLMENT AFTER THE BAR IS LIFTED AND THE BOARD SHALL ORDER THE STUDENT ENROLLED IF HE IS OTHERWISE QUALIFIED.

(R644) 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: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-23-115 SO AS TO PROVIDE THAT ON REQUEST AN AGENCY MUST PREPARE AN ASSESSMENT REPORT ON REGULATIONS HAVING A SUBSTANTIAL ECONOMIC IMPACT AND TO PROVIDE CONTENTS OF REPORTS; TO AMEND SECTION 1-23-10 RELATING TO DEFINITIONS IN THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO INCLUDE "DIVISION" AND "SUBSTANTIAL ECONOMIC IMPACT"; TO AMEND SECTION 1-23-110, AS AMENDED, RELATING TO PROCEDURES FOR PROMULGATING REGULATIONS SO AS TO CLARIFY THESE PROCEDURES AND INCLUDE NOTICE AND SUBMISSION OF ASSESSMENT REPORTS; TO AMEND SECTION 1-23-120, AS AMENDED, RELATING TO PROCEDURES FOR GENERAL ASSEMBLY REVIEW OF REGULATIONS SO AS TO INCLUDE ASSESSMENT REPORTS, IF PREPARED, WITH REGULATIONS SUBMITTED TO THE GENERAL ASSEMBLY; TO AMEND SECTION 1-23-130, RELATING TO EMERGENCY REGULATIONS SO AS TO REQUIRE ASSESSMENT REPORTS ON THESE REGULATIONS UNDER CERTAIN CONDITIONS; TO PROVIDE FOR THE PROSPECTIVE APPLICATION OF THIS ACT.

On motion of Senator WILLIAMS, the seal of secrecy was removed, 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, Parks, Recreation and Tourism Commission, with term to expire June 27, 1997:

5th Congressional District:

Mr. Charles M. Ingram, Jr., Ingram Insurance and Real Estate, Inc., Post Office Box 591, Cheraw, South Carolina 29520

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

2nd Congressional District:

Mr. Verne E. Dooley, 208 North Ridge Road, Columbia, South Carolina 29223

Appointment, Member, South Carolina Aeronautics Commission, with term to expire October 27, 1995:

6th Congressional District:

Colonel Edsel J. De Ville, 522 Acadian Way, Surfside, South Carolina 29575 VICE Charles L. Appleby, Jr.

Appointment, Member, Mental Health Commission, with term to expire March 9, 1997:

4th Congressional District:

Mr. Richard A. Eckstrom, 25 King George Road, Greenville, South Carolina 29615 VICE E.A. Hall, Jr.

Appointment, Member, South Carolina Commission on Alcohol and Drug Abuse, with term to expire July 20, 1995:

Mrs. Rosemary Hill Byerly, 2411 Clark Road, Inman, South Carolina 29349 VICE Robert T. Thompson, Jr.

Appointment, Member, State Board for Technical and Comprehensive Education, with term to expire July 1, 1996:

6th Congressional District:

Mr. Russell C. King, Jr., President, Sonoco Products Company, Post Office Box 160, Hartsville, South Carolina 29550 VICE Margaret Licia Stone (resigned)

Initial Appointment, Member, State Board of Corrections, with term to expire June 1995:

1st Congressional District:

Wilma S. Brown, 68 Cedarhurst Drive, Charleston, South Carolina 29407 VICE Adriene Wright (resigned)

Reappointment, Member, State Board of Corrections, with term to expire July 1, 1998:

4th Congressional District:

Mr. Milton Alfred Smith, Post Office Drawer 5587, Spartanburg, South Carolina 29302

Appointment, Director, State Workers Compensation Fund, with term to expire June 11, 1998:

Mr. Irvin D. Parker, 2712 Wilmot Avenue, Columbia, South Carolina 29205

Initial Appointment, Member, Southeast Interstate Low-level Radioactive Waste Management Compact Commission, with term to expire coterminous with the Governor:

At-Large:

Mr. Carl Roberts, Jr., Office of the Governor, 330 Edgar Brown Building, 1205 Pendleton St., Columbia, South Carolina 29201 VICE John McMillan

Appointment, Member, Hearing Aid Dealers and Fitters Commission, with term to expire September 30, 1995:

Public Member:

Mr. Jim E. Loughlin, 1804 Robin Crest Drive, West Columbia, South Carolina 29169

Appointment, Member, Board of Examiners for Nursing Homes and Community Residential Care Facility Administrators, with term to expire December 31, 1992:

Mr. William H. Bundy, Chester County Hospital and Nursing Center, Inc., Post Office Box 2001, Chester, South Carolina 29706

Appointment, Member, Juvenile Parole Board, with term to expire June 30, 1995:

At-Large:

Ms. Emma D. Holmes, Route 1, Box 92, Georgetown, South Carolina 29440 VICE Clifford Mays

Appointment, Member, State Commission on Higher Education, with term to expire July 26, 1993:

At-Large:

Mr. R. Austin Gilbert, Jr., Post Office Box 3009, Florence, South Carolina 29501 VICE Lewis Phillips term which expired July 1, 1989

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

Ms. Helen M. Geiger, 10 Geiger Drive, Gaston, South Carolina 29053 VICE Mr. Alex M. Geiger

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

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

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

Mr. Thomas L. Hartley, Route 3, Box 133, Latta, South Carolina 29565

Initial Appointments, Chesterfield County Magistrates, with terms to expire April 30, 1994:

Honorable Robin R. Johnson, Post Office Box 396, Jefferson, South Carolina 29718 VICE W.A. Clark (resigned)

Honorable Richard Rudoph Lee, Route 1, Box 366-A, Cheraw, South Carolina 29520 VICE R. Rudoph Lee (removed)

Honorable James E. Leppard, Jr., Post Office Box 749, Cheraw, South Carolina 29520 VICE Thomas Belk Ingram (resigned)

Initial Appointment, Member, Chesterfield County Board of Voter Registration, with term to expire March 15, 1994:

Ms. Gladys M. Ellerbe, 301 ACL Avenue, Cheraw, South Carolina 29520 VICE Thomas Ganzy (deceased)

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

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

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

Mr. Robert B. Knight, 117 Oakland Circle, Lancaster, South Carolina 29720

Members, Barnwell County Board of Voter Registration, with terms to expire March 15, 1994:

Reappointments:

Ms. Helen A. Joyner, 3 Mansfield Drive, Williston, South Carolina 29853

Ms. Nancy E. Davis, 8 Peachtree Gardens, Barnwell, South Carolina 29812

Initial Appointments:

Ms. Cecile Robinson, Post Office Box 1054, Barnwell, South Carolina 29812 VICE Bennie S. Myers (resigned)

Ms. Delores A. Bradley, 211 Izlar Street, Blackville, South Carolina 29817 VICE Ruby Holden

Reappointments, Members, Fairfield County Board of Voter Registration, with terms to expire March 15, 1994:

Ms. Dora B. Weir, Francis Marion Drive, Winnsboro, South Carolina 29180

Ms. Emma H. Massey, Post Office Box 884, Winnsboro, South Carolina 29180

Ms. Ann S. Stewart, 120 Dogwood Avenue, Winnsboro, South Carolina 29180

Williamsburg County Magistrates, with terms to expire April 30, 1994:

Reappointments:

Mr. Lawrence W. McElveen, Route 1, Box 146, Cades, South Carolina 29518

Mr. Jerry Mishoe, Route 2, Box 253-C, Lake City, South Carolina 29560

Mr. Clyde Lambert, Route 4, Box 87, Andrews, South Carolina 29510

Mr. Leroy Burgess, Sr., Route 4, Box 200, Kingstree, South Carolina 29556

Mr. Charles D. Morris, Route 1, Box 297, Nesmith, South Carolina 29580

Mr. Bruster Harvin, Route 2, Box 52, Lane, South Carolina 29564

Ms. Cynthia Burrows, Post Office Box 956, Kingstree, South Carolina 29556

Mr. Eddie Allen Woods, Sr., Route 2, Box 19-A, Greeleyville, South Carolina 29056

Initial Appointments:

Mr. Richard L. Treme, Post Office Box 673, Kingstree, South Carolina 29556 VICE R.D. Cantley

Mr. James E. Doster, Jr., Post Office Box 416, Hemingway, South Carolina 29554 VICE Charles F. Hunter

Members, Edgefield County Board of Voter Registration, with terms to expire March 15, 1994:

Reappointments:

Ms. Ruth S. Day, Post Office Box 6, Trenton, South Carolina 29847

Ms. Mary Ellen Painter, Post Office Box 442, Edgefield, South Carolina 29824

Ms. Elizabeth J. Greene, 588 Norris Street, Edgefield, South Carolina 29824

Ms. Ophelia M. McCain, 1601 Edgefield Road, North Augusta, South Carolina 29841

Initial Appointment:

Ms. Marie G. Adams, 210 Gary Hill Road, Edgefield, South Carolina 29824 VICE Frances P. Dorn (deceased)

Reappointments, Members, Lancaster County Voter Registration Board, with terms to expire March 15, 1994:

Mr. George Porter Kennington, 425 Plantation Road, Lancaster, South Carolina 29720

Reverend Lloyd Reid, Route 7, Box 292, Lancaster, South Carolina 29720

Mr. Floyd Milton Phillips, Sr., Route 2, Box 90, Kershaw, South Carolina 29067

Ms. Peggy Cobb Marshall, Route 3, Box 53, Heath Springs, South Carolina 29058

Initial Appointment, Member, Allendale County Board of Voter Registration, with term to expire March 15, 1994:

Ms. Wanda G. Young, 917 Bay Street, Allendale, South Carolina 29810 VICE Hattie Miller

Reappointments, Members, Hampton County Board of Voter Registration, with terms to expire March 15, 1994:

Mr. Earl Gethers, Post Office Box 236, Hampton, South Carolina 29924

Ms. Debra Y. Beckett, Route 1, Box 93, Estill, South Carolina 29918

Ms. Queenie D. Murdaugh, 403 Shaw Drive, Hampton, South Carolina 29924

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

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

Mr. F. Don Watson, 700 Holtfield Terrace, Spartanburg, South Carolina 29303

Reappointments, Members, Jasper County Voter Registration Board, with terms to expire March 15, 1994:

Ms. Louise M. Baker, Post Office Box 1273, Ridgeland, South Carolina 29936

Ms. Hazel C. Smith, Route 1, Box 128, Early Branch, South Carolina 29916-9614

Ms. Mabel Janet Jenkins, Route 1, Box 59, Garnett, South Carolina 29922

Ms. Hattie Mae Bennett, Route 1, Box 187, Hardeeville, South Carolina 29927

The PRESIDENT appointed Senators MARTIN, LOURIE, SHEALY, NELL W. SMITH, FIELDING, POPE, MARTSCHINK, GILBERT, HELMLY and HINDS to a committee to inform the Governor that the Senate had completed its business and was ready to adjourn Sine Die.

At 5:00 P.M., on motion of Senator WILLIAMS, the Senate adjourned Sine Die.

* * *

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