Indicates Matter Stricken
Indicates New Matter

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

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

Beloved, on the eve of the anniversary of the birth of Abraham Lincoln, whose life and labors still influences our own. Hear words from Psalm 74 (v.2):

"Remember the people you purchased of old,

The tribe you redeemed as your inheritance..."
Let us pray.

O Lord, we remember with gratitude Your Providence in the North and South during the sad days of the War Between the States.

We give thanks for the unity of our country in modern times.

As we contemplate the serious problems facing our country in these modern days... at home and abroad... we remember anew the living words of Lincoln:

"It is rather for us to be here dedicated

to the great task remaining before us--

that from these honored dead we take in-

creased devotion to that cause for which

they gave the last full measure of devotion...

that we here highly resolve that these dead

shall not have died in vain... that this

nation, under God, shall have a new birth

of freedom... and that government of the

people, by the people, for the people, shall

not perish from the earth."

So be it, dear Lord!

Amen!

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

February 9, 1993
Mr. President and Members of the Senate:

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

Respectfully,
Carroll A. Campbell, Jr.

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

Rubye K. Calhoun, 203 St. Matthews Lane, Spartanburg, S.C. 29301

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

Senator DRUMMOND moved that a call of the Senate be made. The following Senators answered the call:
Bryan Cork Courson
Courtney Drummond Elliott
Ford Giese Gregory
Hayes Holland Jackson
Land Lander Leatherman
Macaulay Martin Matthews
McConnell McGill Mescher
Mitchell Moore Passailaigue
Patterson Peeler Rankin
Reese Rose Russell
Ryberg Saleeby Setzler
Short Smith, G. Smith, J.V.
Stilwell Thomas Waldrep
Washington Williams Wilson

The Senate resumed.

Senator JACKSON introduced Dr. Beverly Simons of Eastover, South Carolina, Doctor of the Day.

On motion of Senator WILLIAMS at 12:10 P.M., Senator O'DELL was granted a leave of absence for today.

At 12:15 P.M., Senator STILWELL requested a leave of absence beginning at 1:00 P.M., for the balance of the day.

On motion of Senator CORK at 12:20 P.M., Senator GLOVER was granted a leave of absence for today.

At 12:25 P.M., Senator DRUMMOND requested a leave of absence until 2:00 P.M.

At 12:50 P.M., Senator HAYES requested a leave of absence for the balance of the day.

Senator MITCHELL rose to a Point of Personal Interest.

On motion of Senator WILLIAMS, with unanimous consent, the meeting schedule for the Senate was revised as follows:

Friday, February 12 - Senate meets for local and uncontested matters only.

Tuesday, February 16 - Senate meets in statewide session for local and uncontested matters and to receive committee reports, introduction of bills and resolutions, and referral to appropriate committees only.

Wednesday, February 17 - Senate meets in regular session at 11:00 A.M.

Thursday, February 18 - Senate meets in regular session at 11:00 A.M.

The Senate may at any time reconsider any of the above.

The following were introduced:

S. 408 -- Senator Holland: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO DELAY ITS DECISION ON THE CLOSING OF THE DRIVER'S LICENSE OFFICE IN THE CITY OF PAGELAND IN CHESTERFIELD COUNTY AND TO MEET WITH THE CHESTERFIELD COUNTY DELEGATION AND THE LOCAL MUNICIPAL OFFICIALS TO SEEK AN ALTERNATIVE SOLUTION.

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

S. 409 -- Senator Saleeby: A BILL TO AMEND SECTION 38-77-950, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT THE TOTAL DIRECT CEDEABLE WRITTEN PREMIUMS AS USED IN THIS SECTION DO NOT INCLUDE PREMIUMS ATTRIBUTABLE TO RISKS CEDED TO THE FACILITY THAT DO NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT PURSUANT TO SECTION 38-73-760(e).

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

S. 410 -- Senator Mitchell: A BILL TO AMEND SECTION 20-7-3230(4), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUVENILE DETENTION SERVICES FOR JUVENILES, SO AS TO PROVIDE THAT JUVENILE DETENTION FACILITIES MAY BE PROVIDED BY A COUNTY OR COUNTIES WHICH HAVE ENTERED INTO A REGIONAL INTERGOVERNMENTAL AGREEMENT TO PROVIDE SECURE FACILITIES FOR PREADJUDICATORY JUVENILES WHICH MEET THE STANDARDS OF DESIGN, CONSTRUCTION, AND OPERATION OF THE AMERICAN CORRECTIONAL ASSOCIATION, AND TO FURTHER PROVIDE THAT IN FACILITIES OPERATED BY THE DEPARTMENT OF YOUTH SERVICES THE COST FOR EACH CHILD COMMITTED BY A COUNTY MUST BE BASED ON THE AVERAGE OPERATING COST AMONG ALL PREADJUDICATORY STATE FACILITIES, AND THAT THE DEPARTMENT OF YOUTH SERVICES MUST ASSUME ONE-THIRD OF THE PER DIEM COSTS AND THE COMMITTING COUNTY SHALL ASSUME TWO-THIRDS OF THE COSTS, AND THAT TRANSPORTATION OF THE JUVENILE TO AND FROM THE FACILITY SHALL BE THE RESPONSIBILITY OF THE COUNTY AND TRANSPORTATION OF THE JUVENILE BETWEEN DEPARTMENT FACILITIES SHALL BE THE RESPONSIBILITY OF THE DEPARTMENT; TO ADD A NEW SUBSECTION (5), SO AS TO PROVIDE THAT EACH SECURE FACILITY SHALL HAVE SUFFICIENT PERSONNEL TO PROVIDE TWENTY-FOUR HOUR SUPERVISION AND TO PROVIDE ADMINISTRATIVE PROGRAM AND SUPPORT REQUIREMENTS; AND TO ADD A NEW SUBSECTION (6), SO AS TO PROVIDE THAT A COUNTY WHICH PROVIDES TEMPORARY HOLDOVER FACILITIES FOR JUVENILES MUST MEET CERTAIN REQUIREMENTS.

Read the first time and referred to the Committee on Corrections and Penology.

S. 411 -- Senator Mitchell: A BILL TO AMEND SECTION 20-7-2205, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TEMPORARY, INDETERMINATE COMMITMENT FOR EVALUATION FOR NONCRIMINAL MISCONDUCT, SO AS TO DELETE THE PROVISION THAT AUTHORIZED COMMITMENT FOR AN INDETERMINATE PERIOD NOT TO EXCEED FORTY-FIVE DAYS FOR THE PURPOSE OF EVALUATION.

Read the first time and referred to the Committee on Corrections and Penology.

S. 412 -- Senator Land: A BILL TO AMEND SECTIONS 27-18-180, 27-18-190, 27-18-240, AND 27-18-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM UNCLAIMED PROPERTY ACT, SO AS TO INCREASE FROM TWENTY-FIVE DOLLARS TO FIFTY DOLLARS THE THRESHOLD VALUE ABOVE WHICH CERTAIN UNCLAIMED PROPERTY MUST BE REPORTED, TO DELETE THE SEPARATE REPORTING AND NOTICE DATE FOR LIFE INSURANCE COMPANIES, TO ALLOW PAYMENT OF A FINDER'S FEE FOR THE DELIVERY OF UNCLAIMED PROPERTY HELD BY A NONRESIDENT AND TO ESTABLISH CONDITIONS FOR THE PAYMENT OF THIS FEE, TO MAKE MANDATORY THE PAYMENT OF INTEREST ON LATE DELIVERED PROPERTY, AND TO REPLACE SEPARATE PENALTY PROVISIONS WITH THE COLLECTION AND ENFORCEMENT PROVISIONS APPLICABLE TO TAXES FOR WHICH RETURNS MUST BE FILED WITH THE SOUTH CAROLINA TAX COMMISSION.

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

S. 413 -- Senator Land: A BILL TO AMEND SECTION 12-16-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA ESTATE TAX ACT, SO AS TO REVISE THE REFERENCE DATE IN THE DEFINITION OF "INTERNAL REVENUE CODE"; TO AMEND SECTIONS 34-19-50, 34-19-70, 34-19-80, AND 34-19-100, RELATING TO ACCESS TO A DECEDENT'S SAFETY DEPOSIT BOX, OPENING A SAFETY DEPOSIT BOX WITH RENT IN ARREARS, SALE OF UNCLAIMED CONTENTS OF A SAFETY DEPOSIT BOX AND DESTRUCTION OF PRIVATE DOCUMENTS OF NO APPARENT VALUE, SO AS TO ALLOW MILITARY DISCHARGE PAPERS TO BE REMOVED FROM A DECEDENT'S BOX, TO PROVIDE FOR THE RELEASE OF THE BOX CONTENTS TO THE PERSONAL REPRESENTATIVE OF THE DECEDENT, AND TO DELETE REQUIRED NOTICES TO THE TAX COMMISSION FOR REMOVAL OF BOX CONTENTS, TO ALLOW A BOX TO BE OPENED FOR UNPAID RENT AFTER NINETY DAYS RATHER THAN ONE YEAR, TO ALLOW THE SALE OF UNCLAIMED CONTENTS AFTER ONE YEAR RATHER THAN TWO YEARS, AND TO ALLOW DESTRUCTION OF VALUELESS PRIVATE DOCUMENTS AFTER ONE YEAR RATHER THAN TWO YEARS; AND TO REPEAL SECTION 12-16-1520, RELATING TO THE REQUIRED NOTICE TO THE TAX COMMISSION BEFORE TRANSFER OF CERTAIN ASSETS OF DECEDENTS.

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

S. 414 -- Senators Holland, Land, Drummond and Courson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-280 SO AS TO PROVIDE FOR THE CREATION OF THE DIVISION OF NATURAL RESOURCES POLICE OF THE SOUTH CAROLINA WILDLIFE AND MARINE RESOURCES DEPARTMENT FROM THE DIVISIONS OF LAW ENFORCEMENT AND BOATING.

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

S. 415 -- Senator Martin: A BILL TO AMEND SECTION 16-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO PROVIDE THAT THE SENTENCE FOR A PERSON CONVICTED OF MURDER WHERE AN AGGRAVATING CIRCUMSTANCE IS FOUND AND WHERE THE IMPOSITION OF THE DEATH PENALTY IS NOT RECOMMENDED MUST BE LIFE IMPRISONMENT WITHOUT ELIGIBILITY FOR PAROLE.

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

S. 416 -- Senators McConnell and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-712 SO AS TO EXEMPT FROM REPORTING ON THE ANNUAL STATEMENT OF ECONOMIC INTEREST REQUIRED TO BE FILED BY MEMBERS OF THE GENERAL ASSEMBLY ANY ENTRY ARISING FROM ATTENDANCE AT AN EVENT ON THE INVITATION OF A LOBBYIST'S PRINCIPAL WHEN THE INVITATIONS COMMITTEE OF EITHER HOUSE OF THE GENERAL ASSEMBLY ACCEPTED THE INVITATION OR SUCH AN INVITATION EXTENDED TO ALL MEMBERS OF A COUNTY LEGISLATIVE DELEGATION.

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

S. 417 -- Senators McConnell and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22-3-745 SO AS TO AUTHORIZE MAGISTRATES TO DISMISS CRIMINAL CASES FOR LACK OF PROSECUTION.

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

S. 418 -- Senators J. Verne Smith, Leatherman, Matthews, Giese, Martin, O'Dell, Land, Stilwell and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2 TO TITLE 48 SO AS TO ENACT THE "ENVIRONMENTAL PROTECTION FUND ACT" SO AS TO PROVIDE FUNDING BY FEES FOR THE ENVIRONMENTAL PROGRAMS OF THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.

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

S. 419 -- Senators Martin and Moore: A BILL TO AMEND CHAPTER 23, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 SO AS TO CREATE THE SCENIC HIGHWAYS COMMITTEE AND TO PRESCRIBE ITS POWERS AND DUTIES; BY ADDING SECTION 57-23-185 SO AS TO PROVIDE THAT JUST COMPENSATION BE PAID TO LANDOWNERS FOR REMOVAL OF SIGNS; AND TO AMEND SECTION 57-25-140, AS AMENDED, RELATING TO SIGNS PERMITTED ALONG INTERSTATE HIGHWAYS, SO AS TO ALLOW SIGNS PROVIDING DIRECTIONAL INFORMATION.

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

S. 420 -- Banking and Insurance Committee: A BILL TO AMEND CHAPTER 41, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-41-25 SO AS TO REQUIRE AGENTS, BROKERS, AND ADMINISTRATORS TRANSACTING BUSINESS IN THIS STATE FOR MULTIPLE EMPLOYER SELF-INSURED HEALTH PLANS TO NOTIFY THE CHIEF INSURANCE COMMISSIONER THAT THE PLANS ARE TRANSACTING OR PROPOSING TO TRANSACT BUSINESS IN THIS STATE, AND TO PROVIDE FOR THE EFFECT OF SUCH NOTICE.

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

S. 421 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-11-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE INVESTMENTS AND LIMITATIONS ON CERTAIN INVESTMENTS, SO AS TO DELETE A REFERENCE TO SECTION 38-11-40(F) AND REPLACE IT WITH A REFERENCE TO SECTION 38-11-50(A)(7); TO AMEND SECTION 38-11-100, RELATING TO INSURANCE INVESTMENTS, CERTAIN ASSETS AS BEING CONSIDERED ADMITTED ASSETS, AND VALUATION, SO AS TO CHANGE CERTAIN CODE SECTION REFERENCES; TO AMEND CHAPTER 21, TITLE 38 OF THE 1976 CODE BY ADDING SECTION 38-21-95 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT, FOR PURPOSES OF THE INSURANCE HOLDING COMPANY REGULATORY ACT, NO ACQUISITION OF A DOMESTIC INSURER, WHETHER A MEMBER OF A HOLDING COMPANY SYSTEM OR NOT, BY A CONTROLLING PRODUCER IN ANOTHER STATE MAY BE APPROVED UNLESS THE ACQUIRING PARTY DEMONSTRATES COMPLIANCE WITH CERTAIN REQUIREMENTS; TO AMEND SECTION 38-21-170, RELATING TO THE INSURANCE HOLDING COMPANY REGULATORY ACT AND THE REQUIREMENTS THAT DIVIDENDS AND DISTRIBUTIONS MUST BE REPORTED, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT EACH REGISTERED INSURER SHALL REPORT TO THE CHIEF INSURANCE COMMISSIONER ALL DIVIDENDS AND OTHER DISTRIBUTIONS TO SHAREHOLDERS WITHIN FIVE, RATHER THAN FIFTEEN, BUSINESS DAYS FOLLOWING THE DECLARATION THEREOF AND AT LEAST TEN DAYS PRIOR TO THE PAYMENT THEREOF; TO AMEND SECTION 38-21-260, RELATING TO THE INSURANCE HOLDING COMPANY REGULATORY ACT AND THE DETERMINATION OF THE ADEQUACY OF AN INSURER'S SURPLUS, SO AS TO REQUIRE FOR CONSIDERATION THE SOURCE OF THE INSURER'S EARNINGS AND THE EXTENT TO WHICH THE REPORTED EARNINGS INCLUDE EXTRAORDINARY ITEMS, SUCH AS SURPLUS RELIEF REINSURANCE TRANSACTIONS AND RESERVE DESTRENGTHENING; AND TO AMEND SECTION 38-21-270, AS AMENDED, RELATING TO THE INSURANCE HOLDING COMPANY REGULATORY ACT AND THE REQUIREMENT FOR NOTICE AND APPROVAL OF EXTRAORDINARY DIVIDENDS OR DISTRIBUTIONS, SO AS TO PROVIDE THAT AN EXTRAORDINARY DIVIDEND OR DISTRIBUTION INCLUDES A DIVIDEND OR DISTRIBUTION OF CASH OR OTHER PROPERTY WHOSE FAIR MARKET VALUE TOGETHER WITH THAT OF OTHER DIVIDENDS OR DISTRIBUTIONS MADE WITHIN THE PRECEDING TWELVE MONTHS EXCEEDS THE GREATER OF TEN PERCENT OF THE INSURER'S SURPLUS AS REGARDS POLICYHOLDERS AS SHOWN IN THE INSURER'S MOST RECENT ANNUAL STATEMENT, OR THE NET GAIN FROM OPERATIONS FOR LIFE INSURERS OR THE NET INCOME FOR NON-LIFE INSURERS, NOT INCLUDING NET REALIZED CAPITAL GAINS OR LOSSES AS SHOWN IN THE INSURER'S MOST RECENT ANNUAL STATEMENT.

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

S. 422 -- Finance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-15 SO AS TO PROVIDE THAT ALL FUNCTIONS OF THE STATE BUDGET AND CONTROL BOARD IN THE PREPARATION AND SUBMISSION TO THE GENERAL ASSEMBLY OF THE RECOMMENDED STATE BUDGET ARE DEVOLVED UPON THE GOVERNOR; TO PROVIDE THAT THE GOVERNOR SHALL CONSULT WITH THE STATE TREASURER AND THE COMPTROLLER GENERAL IN PREPARING THE RECOMMENDATIONS, TO PROVIDE THAT THE BUDGET DIVISION OF THE STATE BUDGET AND CONTROL BOARD SHALL ASSIST THE GOVERNOR IN PREPARING BUDGET RECOMMENDATIONS, AND TO PROVIDE FOR THE STATUS OF THE BUDGET DIVISION WITHIN THE STATE BUDGET AND CONTROL BOARD.

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

S. 423 -- Finance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE TAX COMMISSION, RELATING TO THE REPEAL OF CERTAIN SALES AND USE TAX REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1521, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 3247 -- Reps. Chamblee, Cooper, P. Harris, Stille, Townsend and Tucker: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO DESIGNATE AND NAME A PORTION OF STATE HIGHWAY 24 IN ANDERSON COUNTY AS THE "CHRISTOPHER LEE TAYLOR MEMORIAL HIGHWAY" AND TO INSTALL APPROPRIATE MARKERS OR SIGNS.

Whereas, Anderson County Deputy Sheriff Christopher Lee Taylor died in the line of duty on December 7, 1992, and previously has been praised by the General Assembly as "an outstanding law enforcement officer, a devoted public servant, a good man whose presence will be missed greatly"; and

Whereas, it is entirely fitting and proper that the portion of South Carolina Highway 24 in Anderson County from the South Carolina Highway 28 Bypass to the Double Bridge on Highway 24 be designated and named the "Christopher Lee Taylor Memorial Highway" as a lasting tribute to this good man's supreme sacrifice. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, requests the Department of Highways and Public Transportation to designate and name that portion of State Highway 24 in Anderson County described above in this resolution as the "Christopher Lee Taylor Memorial Highway" and to install appropriate markers or signs at places along the highway as the department considers advisable containing the words "Christopher Lee Taylor Highway".

Be it further resolved that a copy of this resolution be forwarded to the Department of Highways and Public Transportation and to the family of Christopher Lee Taylor.

Referred to the Committee on Transportation.

H. 3287 -- Reps. Inabinett, Kelley, Gonzales, Holt, Govan, Byrd, Waites, Corning, Shissias, Harrell, Whipper, Riser, Canty, J. Brown, R. Young, Law, Keyserling, Williams and Stille: A CONCURRENT RESOLUTION DESIGNATING THE FIRST THURSDAY IN MAY (MAY 6, 1993) AS "LEGISLATIVE FAMILY DAY 1993" IN RECOGNITION AND APPRECIATION OF THE PATIENCE AND UNDERSTANDING SHOWN BY THE FAMILIES OF THE MEMBERS OF THE GENERAL ASSEMBLY AND THE WONDERFUL SUPPORT GIVEN BY THESE GREAT FAMILIES TO THE MEMBERS AS THEY CARRY OUT THEIR LEGISLATIVE DUTIES, AND INVITING A FAMILY MEMBER OF EACH MEMBER OF THE GENERAL ASSEMBLY TO THE STATE HOUSE AS SPECIAL GUESTS OF THE GENERAL ASSEMBLY TO ATTEND AND OBSERVE THE RESPECTIVE SESSIONS IN THE SENATE AND THE HOUSE OF REPRESENTATIVES ON "LEGISLATIVE FAMILY DAY 1993".

Whereas, the families of the members of the General Assembly make tremendous sacrifices when their loved ones go to Columbia week after week during a large part of each year to render legislative services to the people of the State and the citizens of their respective districts who elected them to public office; and

Whereas, these are sacrifices that the families of legislators nobly and willingly make for the good of the State; and

Whereas, the members of the House of Representatives and the Senate should be, and are, truly appreciative of the patience, understanding, and support given them by their loved ones back home and feel strongly that the legislative families deserve recognition and thanks in a very special manner. 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, designate the first Thursday in May (May 6, 1993) as "Legislative Family Day 1993" in recognition and appreciation of the patience and understanding shown by the families of the members of the General Assembly and the wonderful support given by these great families to the members as they carry out their legislative duties.

Be it further resolved that each member of the General Assembly invite a member of his or her family to the State House as special guests of the General Assembly to attend and observe the respective sessions in the Senate and the House of Representatives on "Legislative Family Day 1993".

Referred to the Committee on Invitations.

H. 3314 -- Rep. Harvin: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO ALLOW FOREST LANDOWNERS WHO SUFFERED TREMENDOUS LOSS AS THE RESULT OF HURRICANE HUGO IN 1989 THE RIGHT TO PRACTICE FORESTRY WITHOUT UNDUE RESTRICTIONS FROM THE ENDANGERED SPECIES ACT, WETLANDS STATUTES, AND OTHER LAWS AND TO PROVIDE, OR TO CONTINUE, CERTAIN OTHER URGENT RELIEF.

Whereas, the woodlands of Clarendon County, South Carolina were more than fifty percent devastated by Hurricane Hugo in 1989 and occupy fifty-three percent of the land area contributing to the economic stability of that county; and

Whereas, the American public uses a tremendous amount of products from our country's "renewable" forests -- i.e., lumber, pulp, and paper products, and it requires a minimum of twenty to sixty years to grow trees for these future uses; and

Whereas, a new national philosophy is needed to support the long-term period required to grow America's needs to avoid future shortages, and less restrictive laws, economic relief, and adequate incentive are needed in the form of capital gains tax laws restored for timber growing; and

Whereas, it is necessary that the Hugo-damaged woodland areas of South Carolina receive continued federal seventy-five percent cost-share funding for reforesting, where needed; and

Whereas, the right to practice forestry without undue restrictions from the Endangered Species Act, wetlands statutes, and other laws unduly restricting land use is imperative, including the self-policing of forestry practices under voluntary Best Management Practices (BMP's); and

Whereas, support for the wise use and conservation of our natural resources for the benefit of the United States, such as efficient timber production, wildlife, soil, and water protection, and preservation of aesthetic values, should be encouraged and maintained, but, at the same time, there must be reason in resource laws, including a revision of the Endangered Species Act and a revision of wetlands laws or interpretations to include the original intent of Congress, i.e., swamps, bogs, and marshes and not low coastal plains areas that are traditional timber-growing areas;

Whereas, the relief recommended to Congress by this resolution is entirely feasible and practical and is of the greatest urgency. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, memorializes Congress to allow forest landowners who suffered tremendous loss as the result of Hurricane Hugo in 1989 the right to practice forestry without undue restrictions from the Endangered Species Act, wetlands statutes, and other laws and to provide, or to continue, certain other urgent relief.

Be it further resolved that copies of this resolution be forwarded to all eight members of the South Carolina Congressional Delegation at Washington, D.C.

Referred to the Committee on Fish, Game and Forestry.

H. 3347 -- Rep. Allison: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE BRIDGE AT STATE HIGHWAY 290 AND INTERSTATE 85 IN DUNCAN, SOUTH CAROLINA FOR J. PETER GRACE.

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

H. 3348 -- Rep. Harrelson: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO DESIGNATE AND NAME THE INTERCHANGE ON INTERSTATE I-95 AT THE INTERSECTION WITH ROAD S-15-34 IN COLLETON COUNTY AS THE "WALTON J. MCLEOD, JR., INTERCHANGE" AND TO INSTALL APPROPRIATE MARKERS AND SIGNS.

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

H. 3349 -- Reps. Harrelson, Richardson, White and Keyserling: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO DESIGNATE AND NAME THE BATTERY CREEK BRIDGE IN BEAUFORT COUNTY AS THE "RUSSELL BELL BRIDGE" IN MEMORY OF BEAUFORT COUNTY DEPUTY SHERIFF RUSSELL BELL, WHO WAS SHOT AND KILLED IN THE LINE OF DUTY, AND FURTHER REQUESTING THE DEPARTMENT TO INSTALL APPROPRIATE MARKERS OR SIGNS.

Whereas, Beaufort County Deputy Sheriff Russell Bell made the supreme sacrifice as a law enforcement officer by giving up his life when he was shot and killed in the line of duty; and

Whereas, he was an outstanding and highly dedicated law enforcement officer who was respected and admired by his colleagues in law enforcement and by the citizens of Beaufort County whom he so generously served; and

Whereas, he was a devoted public servant whose presence will be missed greatly; and

Whereas, it is entirely fitting and proper that the Battery Creek Bridge in Beaufort County be designated and named as the "Russell Bell Bridge" as a lasting memorial and tribute to this good man's supreme sacrifice. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, requests the Department of Highways and Public Transportation to designate and name the Battery Creek Bridge in Beaufort County as the "Russell Bell Bridge" in memory of Beaufort County Deputy Sheriff Russell Bell, who was shot and killed in the line of duty, and to install appropriate markers or signs at places at, on, or near the bridge as the department considers advisable containing the words "Russell Bell Bridge".

Be it further resolved that copies of this resolution be forwarded to the Department of Highways and Public Transportation, the family of Russell Bell, and the Sheriff of Beaufort County.

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

H. 3389 -- Reps. R. Young, Holt, Wofford, Whipper, J. Bailey, Harrell, Hallman, Gonzales, Fulmer and Barber: A CONCURRENT RESOLUTION TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION NOT TO REFLECT ON THE DRIVING RECORD OF ANY LICENSED SOUTH CAROLINA DRIVER VIOLATIONS OF COUNTY OR MUNICIPAL ORDINANCES FOR CARELESS DRIVING AND TO REMOVE ANY SUCH VIOLATIONS PREVIOUSLY PLACED ON THE DRIVING RECORD OF THESE DRIVERS.

Whereas, the members of the General Assembly have been aware that for a period of several years some municipalities and counties of this State under appropriate ordinances have been issuing traffic citations for careless driving; and

Whereas, the person ticketed under these local ordinances for careless driving is not assessed any points against his driving record pursuant to Section 56-1-720 of the 1976 Code, and it was also the intent of these ordinances not to affect the automobile insurance premiums of that person; and

Whereas, until recently the Department of Highways and Public Transportation has not been placing these violations on the driving record of the person ticketed; and

Whereas, due to an unfortunate change in policy, the driving record of these persons as reported by the department is now being adjusted to show these violations, including violations which happened months and even years ago; and

Whereas, the result of the department's new policy of placing these violations on the driving record of the individual is that in many cases the individual's automobile liability insurance premiums are increasing; and

Whereas, the members of the General Assembly, by this resolution, would like to correct this problem by instructing the department to take appropriate action to remove the violations from the individual's driving record in conformity with the intent of the General Assembly as expressed in this resolution. Now, therefore,

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

That the Department of Highways and Public Transportation is directed not to reflect on the driving record of any licensed South Carolina driver violations of county or municipal ordinances for careless driving and is further directed to remove any such violations previously placed on the driving record of these individuals before the date of the adoption of this resolution.

Be it further resolved that a copy of this resolution be forwarded to the State Highways and Public Transportation Commission and to the Executive Director of the Department of Highways and Public Transportation.

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

H. 3439 -- Rep. Corning: A CONCURRENT RESOLUTION COMMENDING CHRISTOPHER POTOK OF RICHLAND COUNTY ON ATTAINING THE RANK OF EAGLE SCOUT.

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

H. 3049 -- Rep. Cromer: A BILL TO AMEND SECTION 40-47-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPOSITION OF THE STATE BOARD OF MEDICAL EXAMINERS, SO AS TO DELETE THE REQUIREMENT THAT THE MEMBER REPRESENTING EACH CONGRESSIONAL DISTRICT MUST PRACTICE IN THAT DISTRICT, DELETE PROVISIONS RELATING TO STAGGERED TERMS FOR INITIAL APPOINTMENTS, AND MAKE TECHNICAL CORRECTIONS.

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

H. 3135 -- Reps. Corning, Quinn, Hallman, Cato, Jaskwhich, Shissias, Harrison, Harrell, Waites, Littlejohn, A. Young, Vaughn, Haskins, J. Bailey, Walker, Simrill, Robinson, D. Wilder, J. Wilder, G. Brown, Graham, Kirsh, Davenport, Stone, Meacham and Wells: A BILL TO AMEND ACT 610 OF 1990, RELATING TO THE JUDICIARY, SO AS TO EXTEND THE LIMIT ON DIRECT SOLICITING OF MEMBERS OF THE GENERAL ASSEMBLY FOR VOTES FOR JUDICIAL CANDIDATES BEFORE THE QUALIFICATIONS OF ALL CANDIDATES FOR THE OFFICE ARE DETERMINED BY THE JUDICIAL SCREENING COMMITTEE TO INDIRECT SOLICITATION, TO DEFINE INDIRECT SOLICITATION AND PROVIDE EXCEPTIONS TO REQUIRE THE COMMITTEE TO CONSIDER VIOLATIONS OF THIS SECTION WHEN CONSIDERING A CANDIDATE'S QUALIFICATIONS; AND TO DESIGNATE SECTION 6, PART IV, ACT 610 OF 1990 AS SECTION 2-19-70, CODE OF LAWS OF SOUTH CAROLINA, 1976.

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

H. 3175 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-435 SO AS TO PROVIDE FOR AN OFFENSE FOR FRAUDULENT ACQUISITION OF PUBLIC FUNDS OR BENEFITS AND TO PROVIDE PENALTIES; AND TO REPEAL SECTION 16-13-430 RELATING TO FRAUDULENT ACQUISITION OR USE OF FOOD STAMPS.

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

H. 3278 -- Reps. Carnell, McAbee, Boan, H. Brown and J. Harris: A JOINT RESOLUTION TO AMEND JOINT RESOLUTION 206 OF 1989, RELATING TO APPROPRIATING MONIES FROM THE CAPITAL RESERVE FUND FOR 1988-89, SO AS TO CHANGE THE AUTHORIZATION FOR EDUCATIONAL TELEVISION.

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

H. 3365 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOLID WASTE MANAGEMENT: WASTE TIRES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1488, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 3367 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT, RELATING TO HUNT UNITS AND WILDLIFE MANAGEMENT AREA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1576, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 3368 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT, RELATING TO REPEAL OF REGULATIONS CHANGED BY STATUTE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1577, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

Senator SALEEBY from the Committee on Banking and Insurance submitted a favorable with amendments report on:

S. 114 -- Senators Giese, Passailaigue, Leventis, Gregory, Lander, Martin, Moore, Richter, Rose, Waldrep, Glover, Reese, Rankin and Patterson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-737 SO AS TO PROVIDE THAT AUTOMOBILE LIABILITY AND COLLISION INSURANCE RATES ARE SUBJECT TO A CREDIT IF AN INSURED HAS PASSED AN APPROVED DRIVER TRAINING COURSE.

Ordered for consideration tomorrow.

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

S. 173 -- Senators Giese, Passailaigue, Courson, Elliott, Holland, Lander, McGill, Mitchell, Russell, Short, Waldrep, Washington, Glover and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-21-115 SO AS TO REQUIRE THE SOUTH CAROLINA COMMISSION ON AGING IN CONJUNCTION WITH THE SOUTH CAROLINA HOUSING FINANCE AND DEVELOPMENT AUTHORITY AND THE JOINT LEGISLATIVE COMMITTEE ON AGING TO ANNUALLY SPONSOR A "SENIOR HOUSING INSTITUTE" AND TO REPORT ANNUALLY TO THE GENERAL ASSEMBLY AND THE GOVERNOR.

Ordered for consideration tomorrow.

Senator STILWELL from the General Committee submitted a favorable report on:

S. 231 -- Senator Courson: A JOINT RESOLUTION TO ESTABLISH A TASK FORCE TO OVERSEE THE IMPLEMENTATION OF THE RECOMMENDATIONS MADE BY THE TASK FORCE FOR SOLVING HOMELESSNESS; TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES; AND TO PROVIDE THAT THE MEMBERS SHALL SERVE WITHOUT COMPENSATION.

Senator COURSON spoke on the Joint Resolution.

On motion of Senator COURSON, with unanimous consent, S. 231 was ordered to receive a second reading today.

There was no objection.

On motion of Senator COURSON, S. 231 was ordered to receive a third reading on Friday, February 12, 1993.

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

H. 3010 -- Reps. Carnell, Felder, Boan, M.O. Alexander, Barber, Beatty, H. Brown, J. Brown, Cato, Clyborne, Cobb-Hunter, Corning, Cromer, Davenport, Delleney, Elliott, Fulmer, Gamble, Govan, Hallman, Harrelson, J. Harris, P. Harris, Harvin, Hodges, Holt, Jaskwhich, Jennings, Keegan, Kinon, Kirsh, Koon, Lanford, Mattos, McAbee, McCraw, McElveen, McKay, McTeer, Moody-Lawrence, Neilson, Phillips, Quinn, Rhoad, Riser, Rogers, Rudnick, Sheheen, Shissias, R. Smith, Snow, Stille, Townsend, Tucker, Vaughn, Waites, Waldrop, Wells, White, D. Wilder, J. Wilder, Wilkes, Wilkins, Williams, Worley, R. Young, Marchbanks, Richardson, Huff, A. Young, Wofford, Graham, Chamblee, Klauber and Meacham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-140 SO AS TO LIMIT APPROPRIATIONS IN THE ANNUAL GENERAL APPROPRIATIONS ACT TO AN AMOUNT NOT TO EXCEED THE BASE REVENUE ESTIMATE, TO DEFINE BASE REVENUE ESTIMATE, TO PROVIDE FOR AN INCREASE IN THE BASE REVENUE ESTIMATE ON THE WRITTEN CERTIFICATION OF THE BOARD OF ECONOMIC ADVISORS, AND TO PROVIDE WHEN AND FOR WHAT PURPOSES SURPLUS REVENUES MAY BE APPROPRIATED.

Ordered for consideration tomorrow.

S. 389 -- Senator Drummond: A CONCURRENT RESOLUTION EXPRESSING THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF DR. EDWIN B. JOSEPH, ONE OF SOUTH CAROLINA'S ABLEST ADMINISTRATORS IN THE FIELD OF MARINE FISHERIES MANAGEMENT AND RESEARCH, AND EXTENDING DEEPEST SYMPATHY TO HIS WONDERFUL FAMILY AND HIS MANY FRIENDS.

Returned with concurrence.

Received as information.

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

The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:

H. 3280 -- Rep. Sheheen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-13-120 SO AS TO PROVIDE A METHOD BY WHICH A RURAL COMMUNITY WATER DISTRICT MAY BE DISSOLVED.

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

S. 264 -- Rules Committee: A SENATE RESOLUTION TO AMEND THE RULES OF THE SENATE SO AS TO FURTHER PROVIDE FOR THE MOTION TO RECEDE AS USED IN RULE 2 AND RULE 14, TO FURTHER DEFINE A POINT OF PERSONAL INTEREST AS USED IN RULE 13, TO COMBINE AND CLARIFY CERTAIN LANGUAGE RELATING TO THE SCHEDULING OF COMMITTEE MEETINGS AS PROVIDED FOR IN RULES 19 AND 47 AND TO DELETE CERTAIN DUPLICATE PROVISIONS.

The Senate proceeded to a consideration of the Senate Resolution. The question being the adoption of Amendment No. 2 (RES264.001), previously proposed by Senator SALEEBY and printed in the Journal of Wednesday, February 3, 1993.

Senator SALEEBY explained the amendment.

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

Senators BRYAN, STILWELL and LEATHERMAN proposed the following Amendment No. 3 (RES264.003), which was adopted:

Amend the Senate Resolution, as and if amended, page 3, by striking lines 9 through 16, and inserting the following:

/When a motion to adjourn debate is passed, the bill to which it applies is subject to consideration on the next legislative day that the Senate reaches that order of business. When a motion to adjourn debate to a date certain is passed, the bill to which it applies is not subject to consideration until the date so specified, if the Senate reaches that order of business. If the Senate does not reach that order of business, the bill remains in adjourn debate status./

Amend title to conform.

Senator McCONNELL spoke on the amendment.

The amendment was adopted.

Senators REESE and MITCHELL proposed the following Amendment No. 4 (JIC\5298DW.93):

Amend the resolution, as and if amended, by adding at the end:

/Be it further resolved that the first paragraph of Rule 15 is amended to read:

"Except for any Reapportionment Bill, the debate on any bill, motion, or other matter which has been pending before the Senate for a minimum of thirty minutes and the time such bill, motion, or other matter pending shall be voted upon may be fixed by a vote of twenty-seven (27) twenty-eight (28) members of the Senate. Notwithstanding the provision of Rule 14 or any other rule, such motion may be made at any time by any member and shall not be subject to amendment or debate."/

Amend title to conform.

Senator REESE explained the amendment.

Senator J. VERNE SMITH objected to further consideration of the Senate Resolution.

The following Bills having been read the second time with notice of general amendments were ordered placed on the third reading Calendar:

S. 74 -- Senator McConnell: A BILL TO AMEND SECTION 2-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL ASSEMBLY ADJOURNMENT, SO AS TO PROVIDE FOR SINE DIE ADJOURNMENT IN NOVEMBER INSTEAD OF JUNE AND TO PROVIDE WHAT BUSINESS MAY BE CONSIDERED UNTIL SINE DIE ADJOURNMENT.

Senator McCONNELL explained the Bill.

S. 289 -- Senators McConnell and Rose: A BILL TO AMEND SECTION 7-7-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALTERATION OF VOTING PRECINCTS AND THE ALPHABETICAL DIVISION OF THE PRECINCT LIST, SO AS TO PROVIDE WHERE A PRECINCT HAS MORE THAN SEVEN HUNDRED FIFTY REGISTERED ELECTORS RATHER THAN FIFTEEN HUNDRED ELECTORS THE PRECINCT LIST MUST BE DIVIDED ALPHABETICALLY SO THAT NO LIST CONTAINS MORE THAN SEVEN HUNDRED FIFTY NAMES, AND TO PROVIDE THAT NOTHING IN THIS SECTION PREVENTS THE ALTERATION OF PRECINCTS WHEN THE GENERAL ASSEMBLY OR LOCAL REGISTRATION BOARD CONSIDERS THE ALTERATION ADVISABLE.

Senator McCONNELL explained the Bill.

S. 194 -- Senators Hayes, Stilwell, Waldrep, Peeler, Wilson and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-25-325 SO AS TO PROVIDE A JUDGMENT AND SENTENCE OF A COURT OF GENERAL SESSIONS IN A CRIMINAL CASE AGAINST AN INDIVIDUAL MAY BE ENFORCED AS A JUDGMENT IS ENFORCED IN THE COURT OF COMMON PLEAS IN CIVIL ACTIONS.

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

Senator BRYAN proposed the following amendment (JUD194.001), which was adopted:

Amend the bill, as and if amended, page 1, line 29, in Section 17-25-325, as contained in SECTION 1, by inserting after the word /actions./

/Before a general sessions court may enter a judgment against a defendant's property as authorized by this section, the judge must make findings of fact as to the amount of the judgment to be entered against the defendant. These findings must be supported by the preponderance of such relevant evidence as is offered by the parties./

Amend title to conform.

Senator BRYAN explained the amendment.

Senator WILSON proposed the following amendment (WWW\30003DW.93), which was withdrawn:

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

/"Section 17-25-325. The sentence, fines, restitution, and judgment of the court of general sessions in a criminal case against an individual may be enforced in the same manner against the property of the defendant as is provided by law for enforcing the judgments of the courts of common pleas in civil actions and must be enrolled as a judgment as in civil cases."/

Amend title to conform.

Senator WILSON explained the amendment.

The amendment was withdrawn.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.

The following Bills having been read the second time were ordered placed on the third reading Calendar:

S. 44 -- Senator Passailaigue: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-100 SO AS TO PROVIDE FOR EXPEDITED PROCESSING OF INDIVIDUAL INCOME TAX REFUNDS BY THE SOUTH CAROLINA TAX COMMISSION IN HARDSHIP CASES.

S. 199 -- Senators Hayes, Martin and Waldrep: A BILL TO AMEND SECTION 5-23-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF A LOCAL BOARD OF ADJUSTMENT, SO AS TO PROVIDE THAT A MUNICIPALITY BY ORDINANCE MAY PERMIT OR PRECLUDE A VARIANCE FOR A USE OF A LAND, BUILDING, OR STRUCTURE.

S. 47 -- Senators Passailaigue and Rose: A BILL 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, AND TO PROVIDE A PROCEDURE FOR WRITTEN OBJECTION TO ADVERTISING PLACED PURSUANT TO THE PROVISIONS OF THIS SECTION.

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

The amendment proposed by the Committee on Judiciary (JUD47.002) was adopted as follows:

Amend the bill, as and if amended, page 2, line 3, in Section 11-9-140(B), in SECTION 1, by striking item (3) in its entirety and inserting therein:

/(3) it must be tasteful, inoffensive, and not pornographic and must maintain the dignity, decorum, and aesthetics of the place where the advertisement appears;/

Amend the bill further, as and if amended, page 2, line 35, in Section 11-9-140(C), in SECTION 1, by inserting after the word /that/ the following:

/to the extent allowed by federal law/ .

Amend the bill further, as and if amended, page 3, line 22, in Section 11-9-140(G), in SECTION 1, by striking /state agencies/ and inserting:

/that agency/ .

Amend the bill further, as and if amended, page 3, beginning on line 27, in Section 11-9-140, as contained in SECTION 1, by adding a subsection to read:

/(I) Advertising is not permitted in or on the State House, the State House grounds, the office buildings located on those grounds, or the area designated as the capitol complex./

Amend title to conform.

Senator STILWELL spoke on the amendment.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

S. 51 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-24-45 SO AS TO PROVIDE FOR THE RIGHT TO RE-EXAMINATION AFTER A DEFENDANT IS COMMITTED TO THE SOUTH CAROLINA STATE HOSPITAL FOLLOWING A VERDICT OF "NOT GUILTY BY REASON OF INSANITY".

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

The amendment proposed by the Committee on Judiciary (JUD51.002) was adopted as follows:

Amend the bill, as and if amended, page 1, beginning on line 28, in Section 17-24-45(A), as contained in SECTION 1, by striking lines 28 through 30 in their entirety and inserting therein the following:

/inform a defendant of the right to petition for re-examination. Notice of this right must be given in writing upon commitment and every six months after commitment./ .

Amend the bill further, as and if amended, page 1, line 37, in Section 17-24-45(B), as contained in SECTION 1, by inserting after the word /section./ the following:

/The costs must be borne by the petitioner unless the court determines that the petitioner cannot afford these costs./

Amend title to conform.

Senator BRYAN explained the amendment.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

S. 242 -- Senators Ford and Glover: A CONCURRENT RESOLUTION TO ENCOURAGE SPECIAL INTEREST GROUPS EMPLOYING LOBBYISTS TO INCREASE THE NUMBER OF QUALIFIED AFRICAN-AMERICANS EMPLOYED AS REGISTERED LOBBYISTS.

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

S. 243 -- Senators Wilson, Gregory, Russell, Cork, Ryberg, Drummond, J. Verne Smith and Giese: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO PROPOSE AN AMENDMENT TO THE UNITED STATES CONSTITUTION ESTABLISHING A PRESIDENTIAL LINE ITEM VETO.

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

S. 404 -- Senator Courson: A CONCURRENT RESOLUTION TO DECLARE FEBRUARY 22-28, 1993, AS "TEENAGE PREGNANCY PREVENTION AWARENESS WEEK".

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

H. 3005 -- Rep. Waites: A CONCURRENT RESOLUTION DECLARING WEDNESDAY, MARCH 24, 1993, AS "HOSPITAL DAY".

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

H. 3189 -- Reps. P. Harris, Felder, Sturkie, Byrd, Sharpe, J. Brown, Neal, Carnell, McAbee, J. Bailey, Witherspoon, Klauber, Law, Riser and McElveen: A CONCURRENT RESOLUTION TO RECOGNIZE THE SIGNIFICANCE AND MANY ACCOMPLISHMENTS OF THE SOUTH CAROLINA TUITION GRANTS PROGRAM, AND TO DECLARE THURSDAY, MARCH 25, 1993, AS "TUITION GRANTS DAY" IN SOUTH CAROLINA.

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

H. 3415 -- Rep. Wright: A CONCURRENT RESOLUTION TO COMMEND THE INSTITUTE OF INTERNAL AUDITORS AND ITS FIFTY THOUSAND MEMBERS WORLDWIDE FOR ITS MANY CONTRIBUTIONS IN THE FIELDS OF BUSINESS, INDUSTRY, GOVERNMENT, AND EDUCATION, TO ALSO COMMEND THE PALMETTO CHAPTER OF THE INSTITUTE AND ITS DISTINGUISHED MEMBERS FOR THEIR PROFESSIONALISM AND ACCOMPLISHMENTS IN INTERNAL AUDITING, AND TO REQUEST THE GOVERNOR TO DECLARE THE MONTH OF FEBRUARY, 1993, AS "CERTIFIED INTERNAL AUDITOR MONTH" IN SOUTH CAROLINA.

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

S. 174 -- Senator Rose: A SENATE RESOLUTION TO AMEND RULE 10 OF THE RULES OF THE SENATE, RELATING TO COMMITTEE REPORTS, SO AS TO REQUIRE THAT REPORTS INCLUDE A LIST OF COMMITTEE MEMBERS AND THEIR VOTES, PROVIDE THAT THE VOTE OF COMMITTEE MEMBERS IS A MATTER OF PUBLIC RECORD, REQUIRE THAT POLLS OF COMMITTEE MEMBERS MUST BE RECORDED AND PUBLISHED AS A MATTER OF PUBLIC RECORD, AND PROHIBIT THE POLLING OUT OF A BILL OR RESOLUTION UNLESS ALL COMMITTEE MEMBERS HAVE BEEN GIVEN AN OPPORTUNITY TO VOTE.

On motion of Senator ROSE, with unanimous consent, the Resolution was carried over.

MOTION ADOPTED
On motion of Senator HAYES, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Ed Morgan of Rock Hill, S.C.

At 1:06 P.M., on motion of Senator MOORE, the Senate adjourned to meet tomorrow at 11:00 A.M.

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