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, St. Peter declares a spiritual truth for every age in his First Epistle, Chapter 3 (v.12):
"...The eyes of the Lord are over the righteous
and His ears are open unto their prayers... "
Let us pray.

God our Father, whose presence and power are not far from the heart that truly seeks Thee. You know... as well as we... that our lives are a mixture of good and evil.

Forgive us for our thoughts, words and deeds that do not follow the plumb-line of that which is righteous in Your sight.

May the good that we do here become a habit... and may our holy thoughts be like good seed sown in the soil of our wills that shall bring forth the fruits of positive action and good legislation.

Give us today Your peace of mind... through Christ our Lord.

Amen.

Senator J. VERNE SMITH made the point that a quorum was not present. It was ascertained that a quorum was not present.

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

The Senate resumed.

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

February 11, 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.

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

Reverend Richard Williams, Post Office Box 81, Hardeeville, South Carolina 29276

February 12, 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.

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

Ms. Lila Mae Sanders, 39 Carroll Street, Allendale, South Carolina 29810

The following were received and referred to the appropriate committees for consideration:

Document No. 1531
Promulgated By Board of Dentistry
Continuing Education
Received By Lt. Governor February 26, 1992
Referred to Senate Committee on Medical Affairs
120 day review expiration date February 2, 1994

Document No. 1601
Promulgated By Budget and Control Board, Division of General Services
Representation in Proceedings
Received By Lt. Governor March 3, 1993
Referred to Senate Committee on Judiciary
120 day review expiration date February 7, 1994

Senator MOORE introduced Dr. Ned Nicholson of Edgefield, S.C., Doctor of the Day.

Senator THOMAS rose to a Point of Personal Interest.

At 11:15 A.M., Senator J. VERNE SMITH asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 11:45 A.M.

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

The following were introduced:

S. 484 -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-11-27, SO AS TO ALLOW A MAGISTRATE ELIGIBLE TO PARTICIPATE IN THE SOUTH CAROLINA RETIREMENT SYSTEM TO ELECT TO PARTICIPATE IN THE SOUTH CAROLINA POLICE OFFICER'S RETIREMENT SYSTEM.

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

S. 485 -- Senator Wilson: A BILL TO AMEND SECTION 12-7-1210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAX CREDIT ALLOWED ON A JOINT INCOME TAX RETURN FOR THE EARNED INCOME OF A SPOUSE, SO AS TO PROVIDE THAT THE CREDIT EQUALS THE DIFFERENCE BETWEEN THE SOUTH CAROLINA INCOME TAX DUE ON THE JOINT RETURN AND THE TOTAL OF THE TAX THAT WOULD BE DUE IF BOTH SPOUSES FILED SEPARATELY AND TO DELETE PROVISIONS LIMITING THE CREDIT TO EARNED INCOME, PROHIBITING THE CREDIT WHEN A TAXPAYER LIVES ABROAD OR IN GUAM, AMERICAN SAMOA, AND THE NORTHERN MARIANA ISLANDS, AND WHEN THE TAXPAYER FILES A NONRESIDENT RETURN.

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

S. 486 -- Senator Passailaigue: A BILL TO AMEND SECTION 4-10-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPOSITION OF THE LOCAL SALES AND USE TAX, SO AS TO PROVIDE THAT A RETAILER IN THE UNINCORPORATED AREA OF THE COUNTY MAKING DELIVERIES IN MUNICIPALITIES IN THE COUNTY DOES NOT HAVE TO REPORT SUCH SALES SEPARATELY.

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

S. 487 -- Senator Rose: A BILL TO AMEND ARTICLE 3, CHAPTER 5, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORONERS, BY ADDING SECTION 17-5-130, SO AS TO PROVIDE FOR THE QUALIFICATIONS AND AGE REQUIREMENTS TO HOLD THE OFFICE OF CORONER.

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

S. 488 -- Senator Rose: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 24, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO LAW ENFORCEMENT OFFICIALS, PROSECUTORS, ADMINISTRATIVE OFFICERS, AND THE ATTORNEY GENERAL, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY MAY PROVIDE BY LAW FOR THE AGE AND QUALIFICATIONS OF CORONERS.

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

S. 489 -- Senators Cork, Leventis, McConnell, Passailaigue, Courson, Wilson and Land: A BILL TO AMEND SECTION 48-48-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPERATION AND ACCEPTANCE OF LOW-LEVEL RADIOACTIVE WASTE AT THE BARNWELL DISPOSAL FACILITY, SO AS TO REQUIRE THAT THE ACCEPTANCE OF WASTE FROM OUTSIDE THE SOUTHEAST REGION AFTER JULY 1, 1994, MUST BE APPROVED BY THE GENERAL ASSEMBLY BY JOINT RESOLUTION.

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

S. 490 -- Senators Wilson and Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-7-60 SO AS TO PROHIBIT AN ELECTED OR APPOINTED OFFICIAL OF A STATE AGENCY, DEPARTMENT, OR INSTRUMENTALITY FROM USING HIS POSITION TO CANCEL, REVOKE, OR INFLUENCE THE RESULT IN ANY PROCEEDING REGARDING THE ISSUANCE OF A TRAFFIC TICKET UNDER SECTION 56-7-10.

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

S. 491 -- Senators Leventis, Hayes, McConnell, Passailaigue, Wilson and Cork: A BILL TO AMEND SECTIONS 14-7-1610, 14-7-1615, AND 14-7-1630, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE GRAND JURY SYSTEM, SO AS TO REVISE JURISDICTION TO INCLUDE ENVIRONMENTAL OFFENSES.

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

S. 492 -- Senators Wilson, Thomas and Ryberg: A BILL TO AMEND SECTION 17-5-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF A CORONER TO CARRY A PISTOL OR OTHER HANDGUN WHILE ENGAGED IN HIS OFFICIAL DUTIES, SO AS TO EXTEND THE AUTHORITY TO DEPUTY CORONERS.

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

S. 493 -- Senators Leventis, Hayes, McConnell, Bryan, Passailaigue, Wilson and Cork: A BILL TO AMEND SECTION 11-35-4220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEBARMENT OR SUSPENSION FROM CONSIDERATION FOR AWARD OF CONTRACTS UNDER THE PROCUREMENT CODE, SO AS TO INCLUDE CONVICTION FOR CRIMINAL VIOLATION OF STATE OR FEDERAL ENVIRONMENTAL LAW AS A CAUSE FOR DEBARMENT OR SUSPENSION; TO AMEND SECTION 16-11-700, AS AMENDED, RELATING TO THE OFFENSE OF LITTERING, SO AS TO DISTINGUISH LITTERING FOR COMMERCIAL AND NONCOMMERCIAL PURPOSES AND INCREASE PENALTIES; TO AMEND SECTION 44-55-90, RELATING TO PENALTIES PERTAINING TO THE SAFE DRINKING WATER ACT, SO AS TO REVISE THE PENALTIES AND PROVIDE FOR A FELONY INSTEAD OF A MISDEMEANOR OFFENSE AND AN OFFENSE OF KNOWING ENDANGERMENT; TO AMEND SECTION 44-56-20, RELATING TO DEFINITIONS PERTAINING TO THE HAZARDOUS WASTE MANAGEMENT ACT, SO AS TO PROVIDE FOR A DEFINITION OF "PERSON"; TO AMEND SECTION 44-56-140, RELATING TO PENALTIES PERTAINING TO THE HAZARDOUS WASTE MANAGEMENT ACT, SO AS TO PROVIDE FOR A FELONY INSTEAD OF A MISDEMEANOR OFFENSE, REVISE PENALTIES, AND PROVIDE FOR OFFENSES FOR KNOWINGLY WITHHOLDING OR DESTROYING INFORMATION OR MAKING FALSE STATEMENTS OR RECORDS AND FOR KNOWING ENDANGERMENT; TO AMEND SECTION 44-93-150, RELATING TO PENALTIES PERTAINING TO THE INFECTIOUS WASTE MANAGEMENT ACT, SO AS TO PROVIDE FOR A FELONY INSTEAD OF A MISDEMEANOR, REVISE PENALTIES, AND PROVIDE FOR OFFENSES FOR FALSE REPRESENTATIONS, DESTRUCTION OR CONCEALMENT OF RECORDS, WITHHOLDING INFORMATION, AND KNOWING ENDANGERMENT; TO AMEND SECTION 48-1-320, RELATING TO PENALTIES PERTAINING TO THE POLLUTION CONTROL ACT, SO AS TO REVISE PENALTIES AND PROVIDE FOR FELONY OFFENSES FOR KNOWINGLY VIOLATING THE ACT AND FOR KNOWING ENDANGERMENT; AND TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE OFFENSES PROVIDED FOR IN SECTIONS 44-55-90, 44-56-140, 44-93-150, AND 48-1-320.

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

S. 494 -- Senators Wilson and Thomas: A BILL TO AMEND TITLE 51, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARKS, RECREATION AND TOURISM, BY ADDING CHAPTER 25 SO AS TO ENACT THE RAILS TO TRAILS ACT.

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

S. 495 -- Senator Jackson: A SENATE RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE SENATE TO L. BANKS WANNAMAKER, SR., OF ST. MATTHEWS IN CALHOUN COUNTY, ON THE OCCASION OF HIS ONE HUNDREDTH BIRTHDAY.

The Senate Resolution was adopted.

S. 496 -- Senators Rankin, J. Verne Smith, Williams, Drummond, Lander, Short, and Passailaigue: A BILL TO AMEND SECTION 12-43-305, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAX APPEALS, SO AS TO PROVIDE THAT THE INTEREST CHARGED A TAXPAYER DURING THE PENDENCY OF AN APPEAL SHALL BE LIMITED TO FIFTEEN PERCENT WHEN THE APPEAL IS NOT RESOLVED WITHIN FIFTEEN MONTHS FROM THE DATE OF FILING, PROVIDED THAT DELAY BEYOND THE FIFTEEN MONTH LIMITATION IS NOT ATTRIBUTABLE TO THE PROPERTY OWNER.

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

S. 497 -- Senator Bryan: A BILL TO AMEND SECTION 8-21-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN PROBATE COURT FEES AND COSTS, SO AS TO REVISE THESE FEES AND COSTS; TO AMEND SECTION 8-21-790, RELATING TO FEES FOR SETTLEMENT OF ESTATES, SO AS TO DELETE LANGUAGE AUTHORIZING THE TAX COMMISSION TO RETAIN CERTAIN OF THESE FEES; TO AMEND SECTION 20-1-230, RELATING TO THE ISSUANCE OF MARRIAGE LICENSES, SO AS TO REVISE A REFERENCE TO THE FEE FOR MARRIAGE LICENSES; AND TO REPEAL SECTION 8-21-780, RELATING TO FEES OF THE PROBATE COURT FOR PROVIDING COPIES OF CERTAIN STATEMENTS, AND SECTION 15-37-70, RELATING TO COSTS AND EXPENSES OF ADMINISTRATION AND SETTLEMENT OF SMALL ESTATES.

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

H. 3580 -- Reps. Rudnick, Felder, Moody-Lawrence, Holt, Hutson, Harrell, Farr, Sharpe, Cooper, McAbee, Wells, R. Smith, Allison, Walker, Neilson, Littlejohn, Clyborne, Robinson, Waites, Graham, Hines, McMahand, Stone, Huff, McCraw, Gamble, Anderson, Phillips, Govan, Witherspoon, Fair, J. Wilder, T.C. Alexander, Wilkins, Thomas, Cromer, Marchbanks, Carnell, Byrd, Neal, Kirsh, D. Wilder, J. Bailey, Meacham and Barber: A CONCURRENT RESOLUTION DESIGNATING MARCH 16, 1993, AS "FREEDOM OF INFORMATION DAY" IN SOUTH CAROLINA, RECOGNIZING THE CONTRIBUTIONS OF THE SOUTH CAROLINA STATE LIBRARY TO AN INFORMED CITIZENRY, AND ENCOURAGING THE PUBLIC TO VISIT THE STATE LIBRARY'S EXHIBIT OF THE "TEN MOST NOTABLE STATE DOCUMENTS" PUBLISHED IN 1992, LOCATED IN THE STATE HOUSE LOBBY DURING THE WEEK OF MARCH 8, 1993.

Whereas, the members of the General Assembly consider it appropriate for its citizens to have free access to information provided in an unbiased, objective manner; and

Whereas, the South Carolina State Library is charged with organizing the observance of Freedom of Information Day in South Carolina; and

Whereas, the South Carolina State Library, as coordinator of the South Carolina State Documents Depository System, is responsible for making available to the people of South Carolina the publications of state government through the use of twelve libraries designated as state documents depositories throughout the State; and

Whereas, the South Carolina State Library has announced the selection of the "Ten Most Notable State Documents" published in 1992; and

Whereas, the State has a commitment to providing citizen-access to open government and, thereby, insuring an informed citizenry. 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, designates March 16, 1993, as "Freedom of Information Day" in South Carolina, recognizes the contributions of the South Carolina State Library to an informed citizenry, and encourages the public to visit the State Library's exhibit of the "Ten Most Notable State Documents" published in 1992, located in the State House Lobby during the week of March 8, 1993.

Be it further resolved that a copy of this resolution be forwarded to James B. Johnson, Jr., Director, South Carolina State Library.

Referred to the Committee on Invitations.

H. 3163 -- Reps. Cobb-Hunter, Waites, Harwell, Wofford, Rogers, Stille, Baxley, Byrd, Thomas, Mattos, McMahand, Littlejohn, Whipper, Canty, Hines, Gonzales, Simrill, Wright, Harvin, McTeer, J. Harris, Meacham and Shissias: A JOINT RESOLUTION TO RENAME THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN AND FAMILIES.

Read the first time and referred to the General Committee.

H. 3174 -- Rep. Felder: A BILL TO AMEND SECTION 61-9-315, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF BEER MANUFACTURERS, BREWERS, IMPORTERS, WHOLESALERS, AND RETAILERS, SO AS TO DEFINE OWNERSHIP AND FINANCIAL INTEREST IN BEER OPERATIONS AS REGARDS TIERS IN THE INDUSTRY.

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

H. 3214 -- Rep. Wofford: A BILL TO REPEAL SECTION 44-11-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DESIGNATING BUILDINGS AT THE SOUTH CAROLINA DEPARTMENT OF CORRECTIONS AS FACILITIES OF THE STATE DEPARTMENT OF MENTAL HEALTH.

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

H. 3215 -- Rep. Wofford: A BILL TO AMEND SECTION 44-23-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSFERRING PERSONS TO MENTAL HEALTH OR MENTAL RETARDATION FACILITIES, SO AS TO DELETE PROVISIONS RELATING TO TRANSFERS FROM CORRECTIONAL INSTITUTIONS.

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

H. 3216 -- Rep. Wofford: A BILL TO AMEND SECTION 44-17-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISCHARGE OF A PATIENT VOLUNTARILY ADMITTED TO A HOSPITAL FOR MENTAL HEALTH TREATMENT, SO AS TO DELETE PROVISIONS PROHIBITING DISCHARGE BEFORE FIFTEEN DAYS HAVE ELAPSED AND PROVISIONS REQUIRING FOURTEEN DAYS' NOTICE TO THE PARENTS OF A PATIENT UNDER SIXTEEN YEARS OF AGE.

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

H. 3217 -- Rep. Wofford: A BILL TO AMEND SECTION 44-24-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISCHARGE OF CHILD IN NEED OF TREATMENT VOLUNTARILY ADMITTED, SO AS TO CHANGE AN INCORRECT REFERENCE; TO AMEND SECTION 44-24-60, RELATING TO EMERGENCY ADMISSIONS OF CHILDREN, SO AS TO REQUIRE THE REASONS WHY VOLUNTARY ADMISSION IS NOT POSSIBLE AS BASIS FOR EMERGENCY ADMISSION AND TO REQUIRE PHYSICIANS PERFORMING EXAMINATIONS TO CONSIDER MEDICAL RECORDS THAT ARE AVAILABLE; TO AMEND SECTION 44-24-70, RELATING TO TAKING INTO CUSTODY A CHILD WHO MAY CAUSE SERIOUS HARM, SO AS TO REVISE THE REFERENCES TO CERTAIN CLASSIFICATIONS OF CHILD PATIENTS; TO AMEND SECTION 44-24-80, RELATING TO TRANSPORTING A CHILD TO THE HOSPITAL, SO AS TO REVISE CERTIFICATE REQUIREMENTS; TO AMEND SECTION 44-24-90, RELATING TO PROCEDURES FOR JUDICIAL ADMISSION, SO AS TO REVISE THESE PROCEDURES; TO AMEND SECTION 44-24-110, RELATING TO JUDICIAL ADMISSIONS, SO AS TO CORRECT CERTAIN REFERENCES; TO AMEND SECTION 44-24-140, RELATING TO COMMITMENT OF CHILDREN FOR TREATMENT, SO AS TO BROADEN THE TYPE FACILITIES CHILDREN MAY BE COMMITTED TO; TO AMEND SECTION 44-24-150, RELATING TO COMMITMENT FOR EVALUATION PURPOSES, SO AS TO CHANGE AN INCORRECT REFERENCE; TO AMEND SECTION 44-24-170, RELATING TO RE-EXAMINATIONS, SO AS TO CHANGE AN INTERNAL REFERENCE; AND TO AMEND SECTION 44-24-240, RELATING TO AGENCIES PROVIDING SERVICES, SO AS TO MAKE A TECHNICAL CORRECTION.

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

H. 3568 -- Reps. Kennedy, Snow and Harvin: A BILL TO AMEND ACT 632 OF 1980, RELATING TO THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF WILLIAMSBURG COUNTY, SO AS TO DELETE THE PROVISION WHICH LIMITS THE AMOUNT THE BOARD MEMBERS MAY RECEIVE FOR MILEAGE TO NOT MORE THAN TWENTY CENTS A MILE.

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

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

S. 291 -- Senator McConnell: A BILL TO AMEND SECTION 8-13-1300, RELATING TO THE DEFINITIONS REGARDING CAMPAIGN PRACTICES, SO AS TO DELETE REFERENCES TO "BALLOT MEASURE", ADD REFERENCES TO "BALLOT MEASURE", AND DEFINE "GOVERNMENTAL ENTITY"; AND TO AMEND SECTION 8-13-1346, RELATING TO THE USE OF PUBLIC FUNDS, PROPERTY, OR TIME TO INFLUENCE THE OUTCOME OF AN ELECTION, SO AS TO SET FORTH THE CIRCUMSTANCES IN WHICH A PUBLIC ENTITY IS AUTHORIZED TO USE PUBLIC FUNDS, PROPERTY, OR TIME ON A BALLOT MEASURE.

Ordered for consideration tomorrow.

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

S. 372 -- Senators Hayes and Waldrep: A BILL TO AMEND SECTION 5-7-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO THE AUTHORITY OF A MUNICIPALITY TO SEND LAW ENFORCEMENT OFFICERS TO ANOTHER POLITICAL SUBDIVISION OF THIS STATE IN EMERGENCY SITUATIONS.

Ordered for consideration tomorrow.

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

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.

Ordered for consideration tomorrow.

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

S. 455 -- Senator Holland: A BILL TO AMEND SECTION 22-3-545, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR THE TRANSFER OF CERTAIN CASES FROM GENERAL SESSIONS COURT TO MAGISTRATE'S OR MUNICIPAL COURT UPON PETITION OF THE SOLICITOR IN THAT CIRCUIT TO THE CHIEF ADMINISTRATIVE CRIMINAL COURT JUDGE, SO AS TO DELETE TEMPORARY EFFECTIVENESS OF THE SECTION, PROVIDE THAT A CASE MAY BE TRANSFERRED FROM THE GENERAL SESSIONS COURT UNLESS THE DEFENDANT OBJECTS ON THE RECORD AFTER NOTIFICATION BY THE SOLICITOR RATHER THAN REQUIRING THE DEFENDANT TO AGREE IN WRITING TO THE TRANSFER AND PROVIDE THAT THE CHIEF ADMINISTRATIVE CRIMINAL COURT JUDGE IN THE CIRCUIT SHALL SET THE TERMS OF COURT AND ORDER THE MAGISTRATES AND MUNICIPAL JUDGES TO HOLD TERMS OF COURT ON SPECIFIC TIMES AND DATES FOR THE DISPOSITION OF THESE CASES, AND TO REPEAL SECTION 2 OF ACT 310 OF 1992 RELATING TO THE REQUIREMENT THAT THE COMMISSION ON PROSECUTION COORDINATION MUST COMPILE DATA ON THE NUMBER OF CASES TRANSFERRED UNDER THE PROVISION OF SECTION 22-3-545 AND MAKE A REPORT TO THE GENERAL ASSEMBLY NO LATER THAN MARCH 1, 1994.

Ordered for consideration tomorrow.

Senator BRYAN from the Committee on Judiciary submitted a majority favorable and Senator GLOVER a minority unfavorable report on:

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.

Ordered for consideration tomorrow.

Columbia, S.C., March 2, 1993

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3462 -- Reps. Rudnick, Huff, Sharpe, R. Smith and Stone: A BILL TO AMEND SECTION 12-45-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES ON DELINQUENT TAXES, SO AS TO ALLOW THE COUNTY TREASURER TO WAIVE PENALTIES UNDER CERTAIN CIRCUMSTANCES.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

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

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

H. 3457 -- Reps. McAbee, Carnell, D. Wilder, Waldrop, Stoddard, Klauber and Stille: A BILL TO AMEND ACT 670 OF 1976, AS AMENDED, RELATING TO GLEAAMS HUMAN RESOURCES COMMISSION, SO AS TO REMOVE ANDERSON COUNTY FROM AND ADD NEWBERRY COUNTY TO THE COMMISSION; TO AMEND SECTIONS 43-41-10 AND 43-41-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION AND COMPOSITION OF THE COMMISSION, SO AS TO CHANGE THE NAME OF THE COMMISSION TO GLEAMNS AND TO REMOVE ANDERSON COUNTY FROM AND ADD NEWBERRY COUNTY TO THE COMMISSION; TO AMEND SECTIONS 43-41-30 AND 43-41-80, BOTH RELATING TO COMPOSITION OF THE COMMISSION AND ADDING MEMBERS BY PETITION, SO AS TO DELETE OUTDATED FEDERAL REFERENCES; AND TO REPEAL SECTION 43-41-50 RELATING TO THE PROCESS FOR APPOINTING MEMBERS TO THE COMMISSION.

H. 3404 -- Rep. G. Bailey: A BILL TO AMEND SECTION 40-79-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "ALARM SYSTEM BUSINESS" FOR PURPOSE OF ITS REGULATION BY THE LICENSING BOARD FOR CONTRACTORS, AND ACTIVITIES WHICH ARE NOT CONSIDERED WITHIN THE MEANING OF THIS DEFINITION, SO AS TO PROVIDE THAT THIS TERM DOES NOT INCLUDE OR APPLY TO A BUSINESS OR INDIVIDUAL SUBJECT TO LICENSING OR REGISTRATION UNDER THE RESIDENTIAL HOME BUILDERS LAW WHO INSTALLS FIRE ALARM SYSTEMS THAT ARE NOT MONITORED IN RESIDENTIAL BUILDINGS OR STRUCTURES.

H. 3071 -- Rep. T.C. Alexander: A BILL TO AMEND SECTION 12-4-335, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS REQUIRED OF PERSONS WHO REPRESENT TAXPAYERS IN THE ADMINISTRATIVE TAX PROCESS BEFORE A STATE OR LOCAL TAX AUTHORITY, SO AS TO ALLOW A REAL ESTATE APPRAISER TO REPRESENT A TAXPAYER IN AN ADMINISTRATIVE MATTER LIMITED TO THE VALUATION OF REAL PROPERTY AND TO PROVIDE EXCEPTIONS.

The following Bills and Joint Resolution were read the third time and ordered sent to the House of Representatives:

S. 477 -- Senator Bryan: A JOINT RESOLUTION TO EXEMPT THE SCHOOL SUPERINTENDENT OF LAURENS SCHOOL DISTRICT 56 FROM THE MINIMUM SALARY REQUIREMENT OF THE DEFINED MINIMUM PROGRAM FOR SO LONG AS THE SUPERINTENDENT OF THE DISTRICT IS A REEMPLOYED RETIREE OF THE SOUTH CAROLINA RETIREMENT SYSTEM.

S. 66 -- Senator Stilwell: A BILL TO AMEND SECTION 40-60-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REAL ESTATE APPRAISERS, SO AS TO REQUIRE A REAL ESTATE LICENSEE TO MAKE CERTAIN SPECIFIC DISCLOSURES WHEN PERFORMING ANY MARKET ANALYSIS.

S. 387 -- Senator Drummond: A BILL TO AUTHORIZE THE TRUSTEES OF GREENWOOD SCHOOL DISTRICT 52 IN GREENWOOD COUNTY TO CHARGE MATRICULATION AND OTHER INCIDENTAL FEES.

(By prior motion of Senator DRUMMOND)

The following Joint Resolution having been read the second time was ordered placed on the third reading Calendar:

S. 67 -- Senators Passailaigue, Rose and Rankin: A JOINT RESOLUTION TO CREATE A COMMUNITY DIVERSIFICATION PROGRAM TO HELP LOCAL COMMUNITIES THAT ARE RELIANT ON FEDERAL DEFENSE EXPENDITURES COPE WITH THE ANTICIPATED DECREASE IN DEFENSE SPENDING, AND TO CREATE THE ADVISORY COUNCIL ON ECONOMIC DIVERSIFICATION TO OVERSEE THE PROGRAM.

On motion of Senator PASSAILAIGUE, S. 67 was ordered to receive a third reading on Thursday, March 4, 1993.

H. 3498 -- Reps. Vaughn, Wilkins, Cato, Fair, Clyborne, Jaskwhich, Haskins, Anderson, McMahand, Mattos, M.O. Alexander and Baker: A BILL TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS AND POLLING PLACES IN GREENVILLE COUNTY, SO AS TO REDESIGNATE CERTAIN POLLING PLACES.

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

Senator J. VERNE SMITH proposed the following amendment (436\11023DW.93), which was adopted:

Amend the bill, as and if amended, in Section 7-7-280, as contained in SECTION 1, page 2, lines 12 and 13, by striking /Wenmont Laurel Wood Club House/ and inserting /J. L. Mann High School/.

Amend title to conform.

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

On motion of Senator J.VERNE SMITH, H. 3498 was ordered to receive a third reading on Thursday, March 4, 1993.

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.

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

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber at 11:45 A.M. and the following Acts and Joint Resolution were ratified:

(R11) S. 239 -- Senator Washington: AN ACT TO AMEND SECTION 2-281, CODE OF LAWS OF SOUTH CAROLINA, 1962, RELATING TO THE WALTERBORO-COLLETON COUNTY AIRPORT COMMISSION, SO AS TO CHANGE THE COMPOSITION OF THE COMMISSION.

(R12) S. 172 -- Senators Giese, Passailaigue, Elliott, Holland, Lander, McGill, Mitchell, Russell, Short, Greg Smith, Waldrep, Washington, Glover and Rose: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA COMMISSION ON AGING IN COOPERATION WITH THE SOUTH CAROLINA HOUSING FINANCE AND DEVELOPMENT AUTHORITY TO ESTABLISH A TASK FORCE TO STUDY HOME EQUITY CONVERSION MORTGAGES AND TO REPORT TO THE JOINT LEGISLATIVE COMMITTEE ON AGING.

(R13) H. 3425 -- Labor, Commerce and Industry Committee: AN ACT TO AMEND SECTION 38-77-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROVISION THAT THERE SHALL BE NO INCREASE IN AUTOMOBILE INSURANCE PREMIUMS AFTER CERTAIN FIRST OFFENSE VIOLATIONS, SO AS TO PROVIDE THAT A PERSON WHO IS ISSUED A CITATION FOR CARELESS OR NEGLIGENT DRIVING IN VIOLATION OF ANY MUNICIPAL OR COUNTY ORDINANCE AND WHO IS FOUND GUILTY OF THAT VIOLATION MAY NOT HAVE HIS AUTOMOBILE INSURANCE PREMIUMS FOR AN INDIVIDUAL PRIVATE PASSENGER AUTOMOBILE INCREASED AS A RESULT OF A FIRST OFFENSE, PROVIDE THAT AN INSURED WHOSE AUTOMOBILE INSURANCE PREMIUM HAS INCREASED AS A RESULT OF A FIRST OFFENSE VIOLATION OF SUCH ORDINANCE IS ENTITLED TO A CREDIT FOR THIS INCREASE AGAINST RENEWAL PREMIUMS DUE UPON PROVIDING WRITTEN NOTICE OF SUCH INCREASE TO HIS INSURER, PROVIDE THAT A PERSON MAY HAVE HIS PREMIUMS INCREASED AS A RESULT OF A SECOND OR SUBSEQUENT VIOLATIONS OF CARELESS OR NEGLIGENT DRIVING IN VIOLATION OF A COUNTY OR MUNICIPAL ORDINANCE ONLY FOR SUCH VIOLATIONS OCCURRING AFTER JUNE 30, 1993, AND PROVIDE THAT A PERSON WHO IS GUILTY OF A VIOLATION FOR A FIRST OFFENSE FOR CERTAIN VIOLATIONS MAY NOT HAVE HIS AUTOMOBILE INSURANCE PREMIUMS INCREASED AS A RESULT OF THAT VIOLATION.

(R14) H. 3196 -- Rep. Stone: AN ACT TO AMEND ACT 955 OF 1974, AS AMENDED, RELATING TO THE COMPENSATION OF THE EDGEFIELD COUNTY DISTRICT SCHOOL BOARD OF TRUSTEES, SO AS TO INCREASE THE COMPENSATION.

(R15) H. 3462 -- Reps. Rudnick, Huff, Sharpe, R. Smith and Stone: AN ACT TO AMEND SECTION 12-45-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES ON DELINQUENT TAXES, SO AS TO ALLOW THE COUNTY TREASURER TO WAIVE PENALTIES UNDER CERTAIN CIRCUMSTANCES.

(R16) H. 3289 -- Rep. Kirsh: AN ACT TO AMEND SECTION 12-54-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SETOFF DEBT COLLECTION ACT, SO AS TO EXTEND THE DEFINITION OF "CLAIMANT AGENCY" TO THE MUNICIPAL ASSOCIATION OF SOUTH CAROLINA AND THE SOUTH CAROLINA ASSOCIATION OF COUNTIES WHEN THESE ORGANIZATIONS SUBMIT CLAIMS ON BEHALF OF THEIR MEMBERS; AND TO AMEND SECTION 12-54-460, AS AMENDED, RELATING TO SETOFF PROCEDURES, SO AS TO DELETE THE EXEMPTION OF INTERNAL REVENUE SERVICE CLAIMS FROM THE ADMINISTRATIVE FEE.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

S. 30 -- Senator Jackson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO CHAPTER 9, TITLE 4 SO AS TO PROVIDE A PROCEDURE BY WHICH THE GOVERNING BODY OF A COUNTY MAY BE ELECTED IN NONPARTISAN ELECTIONS.

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

Senator HOLLAND spoke on the motion.

Senator PATTERSON argued contra to the motion.

Senator THOMAS made a Parliamentary Inquiry as to whether or not the motion was non-debatable.

The PRESIDENT stated under Rule 34A, that time shall be given to one proponent and one opponent to speak on the motion and such remarks shall be limited in the discretion of the presiding officer.

Senator PATTERSON argued contra to the motion.

Senator MATTHEWS asked unanimous consent to make a motion to refer the Bill to the Committee on Judiciary, retaining its place on the Calendar.

Senators HOLLAND and JACKSON objected.

Senator PATTERSON continued arguing contra to the motion.

Senator JACKSON argued in favor of the adoption of the motion.

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

Courtney Drummond Hayes
Holland Jackson Macaulay
McConnell Mescher Peeler
Ryberg Thomas

Bryan Cork Courson
Ford Giese Glover
Land Lander Leatherman
Martin Matthews McGill
Mitchell Moore O'Dell
Passailaigue Patterson Rankin
Reese Richter Russell
Saleeby Setzler Short
Smith, G. Smith, J.V. Stilwell
Washington Williams Wilson

Not having received the necessary vote, the motion failed.

S. 30 -- Senator Jackson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO CHAPTER 9, TITLE 4 SO AS TO PROVIDE A PROCEDURE BY WHICH THE GOVERNING BODY OF A COUNTY MAY BE ELECTED IN NONPARTISAN

Senator HOLLAND asked unanimous consent to make a motion to give the Bill a second reading with notice of general amendments on third reading.

Senator PATTERSON objected.

At 12:16 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

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