Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 10:00 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, a favorite passage of mine from the paraphrase, "The Living Bible" (St. James 1:2-4) is rendered:
"Dear brothers, is your life full
of difficulties and temptations?
Then be happy, for when the way
is rough,
Your patience has a chance to grow.
So let it grow, and don't try to
squirm out of your problems.
For when your patience is finally in
full bloom,
Then you will be ready for anything,
strong in character, full and complete."
Let us pray.

Grant, O Lord, to us all who serve You in this place the assurance of Your all-pervading presence, and a faith that the one sure thing in this world is that Your divine Providence will have the last word... and will indeed overrule our human errors of judgement.

May the words of St. James to his colleagues long ago be for us in these latter days a source of strength... reserve energy... and stimulation for sound judgement.

In the Holy Name. Amen.

On motion of Senator LAND, with unanimous consent, Senators HOLLAND, MOORE, COURTNEY and JACKSON were granted leave to attend the Public Service Commission Screening Committee meeting, to be counted in any quorum calls, and were granted leave to vote from the balcony.

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 Glover
Gregory Hayes *Holland
*Jackson Land Lander
Leatherman Leventis Macaulay
Martin Matthews McConnell
McGill Mescher Mitchell
*Moore O'Dell Passailaigue
Patterson Peeler Rankin
Reese Richter Rose
Russell Ryberg Saleeby
Setzler Short Smith, G.
Smith, J.V. Stilwell Thomas
Waldrep Washington Williams
Wilson

*These Senators were not present in the chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.

The Senate resumed.

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

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

Document No. 1628
Promulgated by The Department of Consumer Affairs
Mortgage Loan Broker Certificate of Registration
Received by Lt. Governor March 25, 1993
Referred to Senate Committee on Banking and Insurance
120 day review expiration date March 1, 1994

Document No. 1629
Promulgated by Department of Consumer Affairs
Rental-Purchase Businesses
Received by Lt. Governor March 25, 1993
Referred to Senate Committee on Banking and Insurance
120 day review expiration date March 1, 1994

Document No. 1630
Promulgated by The Department of Consumer Affairs
Physical Fitness Services Centers Certificate of Authority
Received by Lt. Governor March 25, 1993
Referred to Senate Committee on Medical Affairs
120 day review expiration date March 1, 1994

The following were received:

Document No. 1538
Promulgated by Coastal Council
Legal Processes and Procedures
Received by Lt. Governor January 11, 1993
Referred to Senate Committee on Agriculture and Natural Resources
120 day review expiration date May 12, 1993
Withdrawn and resubmitted March 24, 1993

Document No. 1539
Promulgated by Coastal Council
Certification Appeals and Authority
Received by Lt. Governor January 11, 1993
Referred to Senate Committee on Agriculture and Natural Resources
120 day review expiration date May 12, 1993
Withdrawn and resubmitted March 24, 1993

Senator JACKSON introduced Dr. Gerald A. Wilson of Columbia, S.C., Doctor of the Day.

On motion of Senator McCONNELL, with unanimous consent, the Clerk was authorized and directed to correct a scrivener error in the Senate Rules as it relates to Rule 14.

Columbia, S.C., March 25, 1993

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. 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.
Very respectfully,
Speaker of the House

On motion of Senator SETZLER, the Senate insisted upon its amendments to H. 3010 and asked for a Committee of Conference.

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

H. 3436 -- Reps. Mattos, J. Bailey, Boan, Tucker, Harrell, Rogers, McElveen, Holt, Sheheen, H. Brown, Waites, G. Bailey, Cobb-Hunter, A. Young, Hines, R. Smith, McKay, Harwell, G. Brown, Quinn, Wilkins, White, P. Harris, Phillips, Neilson, M.O. Alexander, Littlejohn, Carnell, Cooper, Byrd, Anderson, Wright, Neal, Huff, McMahand, Wells, Wofford, Harrison, Walker, Rhoad, Riser, Kinon, Shissias, Stuart, Sturkie, Robinson, Delleney, Farr, Breeland, McLeod, T.C. Alexander, Worley, Cato, J. Wilder, Baxley, Trotter, Kelley, Davenport, Chamblee, Vaughn, Clyborne, Graham, Stille, Spearman, McCraw, Beatty, Hutson, Witherspoon, Baker, Gonzales, D. Smith, Williams, Fair, Inabinett, Gamble, Whipper, Stone, Hodges, Houck, Allison, Kirsh, Klauber, Moody-Lawrence, Marchbanks, D. Wilder, Law, McTeer, Haskins, Richardson, Corning and Barber: A BILL TO AMEND SECTION 44-29-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMMUNIZATIONS REQUIRED OF SCHOOL PUPILS SO AS TO INCLUDE CHILDREN ATTENDING PUBLIC OR PRIVATE CHILD DAY CARE FACILITIES.

Senator J. VERNE SMITH asked unanimous consent to make a motion to recall the Bill from the Committee on Medical Affairs.

There was no objection.

On motion of Senator J. VERNE SMITH, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

The following were introduced:

S. 594 -- Senator Moore: A SENATE RESOLUTION TO RECOGNIZE MR. S. E. DIGGS, OF EDGEFIELD COUNTY, PRINCIPAL OF THE ORIGINAL DOUGLAS JUNIOR HIGH SCHOOL AND PRINCIPAL OF DOUGLAS ELEMENTARY FROM ITS BEGINNING THROUGH 1975 WHEN HE RETIRED CULMINATING FORTY YEARS OF SERVICE TO EDGEFIELD COUNTY AND THE TRENTON COMMUNITY.

The Senate Resolution was adopted.

S. 595 -- Senators Drummond, Russell, J. Verne Smith and Passailaigue: A BILL TO AMEND SECTION 4-29-67, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEE IN LIEU OF TAXES ALLOWED CERTAIN INDUSTRIAL DEVELOPMENT PROJECTS, SO AS TO REVISE THE MANNER IN WHICH AND CONDITIONS UNDER WHICH FEES IN LIEU OF TAXES ARE AUTHORIZED, INCLUDING A REQUIREMENT THAT THE MINIMUM EIGHTY-FIVE MILLION DOLLAR INVESTMENT THRESHOLD FOR THE FEE ARRANGEMENT MAY NOT BE REDUCED EXCEPT BY A SPECIAL VOTE OF THE GENERAL ASSEMBLY, DEFINED AS AN AFFIRMATIVE VOTE OF TWO-THIRDS OF THE MEMBERS OF EACH HOUSE PRESENT AND VOTING BUT NOT LESS THAN THREE-FIFTHS OF THE TOTAL MEMBERSHIP OF EACH HOUSE, AND THE TRANSFERABILITY OF AN INTEREST IN A FEE IN LIEU OF TAXES AGREEMENT.

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

S. 596 -- Senator Ryberg: A BILL TO AMEND ARTICLE 1, CHAPTER 3 OF TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DIVORCE, BY ADDING SECTION 20-3-15, SO AS TO PROVIDE THAT WHEN THE PLAINTIFF IN A DIVORCE ACTION IS COERCED THROUGH PHYSICAL FORCE OR THREAT OF IMMINENT PHYSICAL VIOLENCE INTO RESUMPTION OF CONJUGAL RELATIONS, SUCH RESUMPTION OF RELATIONS SHALL NOT CONSTITUTE CONDONATION.

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

S. 597 -- Senator Saleeby: A JOINT RESOLUTION TO REQUIRE THE SOUTH CAROLINA CHIEF INSURANCE COMMISSIONER TO SOLICIT AN INVITATION FOR BIDS FOR ANY AND ALL SERVICES USED OR PAID FOR BY THE SOUTH CAROLINA REINSURANCE FACILITY AND TO CONDUCT CERTAIN AUDITS AND REPORT THE RESULTS TO THE GENERAL ASSEMBLY.

Senator SALEEBY spoke on the Joint Resolution.

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

On motion of Senator SALEEBY, S. 597 was order to receive a second reading, with notice of general amendments, on Friday, March 26, 1993.

S. 598 -- Senators Wilson and Land: A SENATE RESOLUTION EXPRESSING THE SUPPORT OF THE SOUTH CAROLINA SENATE FOR RUSSIAN PRESIDENT BORIS YELTSIN AND ALL DEMOCRATIC ELEMENTS IN RUSSIA IN THEIR STRUGGLE TO ACHIEVE IN RUSSIA A DEMOCRATIC GOVERNMENT AND A PROSPEROUS, MARKET-ORIENTED ECONOMY.

The Senate Resolution was adopted.

S. 599 -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 9, TITLE 47 SO AS TO ESTABLISH IMMUNITY FROM LIABILITY FOR INJURIES OR DEATH TO A PERSON ENGAGED IN AN EQUINE ACTIVITY CAUSED BY AN INHERENT RISK OF EQUINE ACTIVITY.

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

H. 3780 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF WILLIAM PARKER "BILL" FRETWELL OF ANDERSON COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

H. 3781 -- Reps. P. Harris and Tucker: A CONCURRENT RESOLUTION CONGRATULATING MCDUFFIE HIGH SCHOOL OF ANDERSON COUNTY ON WINNING THE 1993 CLASS AA BOYS BASKETBALL STATE CHAMPIONSHIP.

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

H. 3782 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF SAMUEL J. FRETWELL, JR., OF ANDERSON COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

H. 3739 -- Reps. Harwell and Kinon: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 1992, AND ENDING JUNE 30, 1993.

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

H. 3745 -- Reps. T.C. Alexander, Mattos and Elliott: A BILL TO REPEAL SECTION 2-1-215, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORIENTATION PROGRAM FOR NEW LEGISLATORS.

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

H. 3748 -- Reps. Wilkins and Cato: A BILL TO AMEND SECTION 27-8-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION, DURATION, EFFECT, AND CONVEYANCE OF CONSERVATION EASEMENTS, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS FOR A PUBLIC HEARING ON A PROPOSAL BY A GOVERNMENTAL BODY TO CONVEY AN EASEMENT.

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

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

S. 127 -- Senator Rose: A BILL TO AMEND SECTION 59-31-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADOPTION OF NEW TEXTBOOKS, SO AS TO REQUIRE THE STATE BOARD OF EDUCATION NOT TO ADOPT A TEXTBOOK WHICH CONTAINS SUBSTANTIVE ERRORS; TO AMEND SECTION 59-31-510, RELATING TO CONTRACTS WITH PUBLISHERS FOR RENTAL OR PURCHASE OF BOOKS, SO AS TO REQUIRE THAT THE CONTRACT CONTAINS A PROVISION REQUIRING BOOKS TO BE FREE OF SUBSTANTIVE ERRORS; TO AMEND SECTION 59-31-600, RELATING TO STANDARDS FOR ADOPTION OF TEXTBOOKS, SO AS TO REQUIRE ONE LAYPERSON AND THAT A MAJORITY OF THE COMMITTEE MEMBERS HAVE EXPERTISE IN AREA UNDER CONSIDERATION AND TO PROVIDE ADDITIONAL CRITERIA TO RATE TEXTBOOKS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 59-31-700 SO AS TO PROVIDE FOR PUBLIC REVIEW AND HEARINGS BEFORE TEXTBOOKS ARE ADOPTED BY THE STATE BOARD OF EDUCATION.

Ordered for consideration tomorrow.

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

S. 130 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-200 SO AS TO PROHIBIT HAZING AT STATE UNIVERSITIES, COLLEGES, AND PUBLIC INSTITUTIONS OF HIGHER LEARNING AND TO PROVIDE PENALTIES.

Ordered for consideration tomorrow.

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

S. 328 -- Senators Washington, Bryan, Patterson, Matthews, Waldrep, Ford, Glover and Jackson: A BILL TO AMEND SECTION 59-67-515, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPEED LIMIT OF SCHOOL BUSES, SO AS TO INCREASE THE SPEED LIMIT TO FORTY-FIVE MILES AN HOUR.

Ordered for consideration tomorrow.

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

S. 461 -- Senators Giese, Setzler, Rose, J. Verne Smith, Elliott, Short, Ford, Ryberg, Wilson, Peeler, Lander, Richter and Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 36 TO TITLE 59, SO AS TO PROVIDE FOR EARLY INTERVENTION PROGRAMS FOR PRESCHOOL-AGE CHILDREN WITH DISABILITIES AND TO REQUIRE THE JOINT COMMITTEE ON FORMULA FUNDING FOR EDUCATION TO MAKE RECOMMENDATIONS REGARDING THE DETERMINATION OF ANNUAL ALLOCATIONS AND WEIGHTINGS FOR CERTAIN ADDITIONAL WEIGHTINGS; TO ADD SECTION 59-33-110 SO AS TO PROVIDE FOR A MEDIATION PROCESS; TO AMEND SECTION 59-63-20, RELATING TO PUPILS AND AGE OF ATTENDANCE IN THE PUBLIC SCHOOLS, SO AS TO PROVIDE THAT THREE-YEAR-OLD, FOUR-YEAR-OLD, AND FIVE-YEAR-OLD CHILDREN WITH DISABILITIES ARE ELIGIBLE TO PARTICIPATE IN ANY PRESCHOOL PROGRAM RATHER THAN JUST IN EARLY INTERVENTION PROGRAMS.

Ordered for consideration tomorrow.

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

H. 3527 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO EXPERIMENTAL PROGRAMS, THE DEFINED MINIMUM PROGRAM FOR SOUTH CAROLINA SCHOOL DISTRICTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1486, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

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

H. 3529 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO BUILDINGS AND GROUNDS, DEFINED MINIMUM PROGRAM FOR SOUTH CAROLINA SCHOOL DISTRICTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1578, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from Home Builders Association of S.C. to attend a reception and dinner at the Moore Building/State Fairgrounds on Wednesday, April 7, 1993, from 6:30 until 8:30 P.M.

Courson Peeler Wilson
Thomas Patterson Stilwell
O'Dell Passailaigue

Matthews Russell

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from S.C. Association of Regional Councils to attend a reception at the Capital City Club on Wednesday, April 14, 1993, from 6:00 until 8:00 P.M.

Courson Peeler Wilson
Thomas Patterson Stilwell
O'Dell Passailaigue

Matthews Russell

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. 3053 -- Rep. Keyserling: A BILL TO AMEND SECTION 48-39-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON CONSTRUCTION, RECONSTRUCTION, AND ALTERATIONS UNDER THE BEACH MANAGEMENT ACT, SO AS TO PROVIDE AN EXEMPTION FROM THE PROHIBITION ON NEW EROSION CONTROL STRUCTURES OR DEVICES SEAWARD OF THE SETBACK LINE.

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

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

S. 541 -- Senators Saleeby, Land, McConnell, Courtney, Rankin and Rose: A BILL TO ENACT THE "SMALL EMPLOYER HEALTH INSURANCE AVAILABILITY ACT", INCLUDING AMENDING SECTIONS 38-71-920, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR SMALL GROUP HEALTH INSURANCE PURPOSES, SO AS TO MAKE CERTAIN CHANGES TO THE DEFINITIONS OF "SMALL EMPLOYER" AND "HEALTH INSURANCE PLAN" OR "PLAN", AND TO PROVIDE A DEFINITION FOR "LATE ENROLLEE"; 38-71-730, AS AMENDED, RELATING TO REQUIREMENTS FOR GROUP ACCIDENT, GROUP HEALTH, AND GROUP ACCIDENT AND HEALTH INSURANCE POLICIES, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, INCLUDING THE PROVISION THAT, FOR GROUPS OF TEN OR LESS PERSONS, EVIDENCE OF INDIVIDUAL INSURABILITY MAY BE REQUIRED FOR PERSONS FIRST BECOMING ELIGIBLE FOR INSURANCE AFTER THE EFFECTIVE DATE OF THE POLICY, AND ADD CERTAIN PROVISIONS; 38-70-10, RELATING TO DEFINITIONS FOR THE PROVISIONS OF LAW ON UTILIZATION REVIEWS AND PRIVATE REVIEW AGENTS IN CONNECTION WITH THE ALLOCATION OF HEALTH CARE RESOURCES AND SERVICES FOR A PATIENT OR GROUP OF PATIENTS, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS FROM THE DEFINITION OF "PRIVATE REVIEW AGENT"; 38-70-15, RELATING TO THE APPLICABILITY OF CHAPTER 70 OF TITLE 38 (UTILIZATION REVIEWS AND PRIVATE REVIEW AGENTS), SO AS TO PROVIDE THAT THE CHAPTER APPLIES TO INSURANCE COMPANIES, ADMINISTRATORS OF INSURANCE BENEFIT PLANS, AND HEALTH MAINTENANCE ORGANIZATIONS LICENSED AND REGULATED BY THE DEPARTMENT OF INSURANCE, AND PROVIDE THAT SUCH INSURANCE COMPANIES, ADMINISTRATORS, AND HEALTH MAINTENANCE ORGANIZATIONS ARE EXEMPT FROM CERTAIN PROVISIONS OF LAW; AND 38-71-940, RELATING TO SMALL GROUP HEALTH INSURANCE AND PREMIUM RATES, RATING FACTORS, AND THE PROHIBITION ON THE INVOLUNTARY TRANSFER OF A SMALL EMPLOYER INTO OR OUT OF A CLASS OF BUSINESS, SO AS TO DELETE CERTAIN PROVISIONS, PROVIDE THAT SMALL EMPLOYER INSURERS SHALL NOT USE CASE CHARACTERISTICS, OTHER THAN AGE, GENDER, INDUSTRY, GEOGRAPHIC AREA, FAMILY COMPOSITION, AND GROUP SIZE WITHOUT PRIOR APPROVAL OF THE CHIEF INSURANCE COMMISSIONER, AND PROVIDE THAT IF A SMALL EMPLOYER INSURER USES INDUSTRY AS A CASE CHARACTERISTIC IN ESTABLISHING PREMIUM RATES, THE HIGHEST RATE FACTOR ASSOCIATED WITH ANY INDUSTRY CLASSIFICATION SHALL NOT EXCEED THE LOWEST RATE FACTOR ASSOCIATED WITH ANY INDUSTRY CLASSIFICATION BY MORE THAN FIFTEEN PERCENT; AND TO PROVIDE FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ACT.

S. 512 -- Senators Greg Smith and Williams: A BILL TO AMEND SECTION 50-9-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSURE REQUIREMENTS FOR CERTAIN PRIVATE PONDS, SO AS TO ALLOW FOR THE LICENSING OF CERTAIN FISHING FACILITIES IN LIEU OF INDIVIDUAL LICENSES.

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.

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

The Judiciary Committee proposed the following amendment (JUD3174.001), which was adopted:

Amend the bill, as and if amended, page 1, line 39, in Section 61-9-315(E), as contained in SECTION 1, by striking line 39 in its entirety and inserting therein the following:

/ of the stock in a corporation with a class of voting shares registered with the Securities and Exchange Commission or other federal agency under Section 12 of the Securities and Exchange Act of 1934, as amended, or a / .

Amend title to conform.

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. 593 -- Senators Elliott, Greg Smith and Rankin: A BILL TO AMEND ACT 337 OF 1971, AS AMENDED, RELATING TO THE CREATION OF THE GRAND STRAND WATER AND SEWER AUTHORITY, SO AS TO GRANT THE AUTHORITY THE POWER, WITH THE APPROVAL OF THE CUSTOMER, TO ROUND TO THE NEXT HIGHEST DOLLAR A CUSTOMER'S BILL AND DISBURSE THE FUNDS REALIZED FROM THIS ROUNDING PROCEDURE FOR CHARITABLE PURPOSES.

(By prior motion of Senator ELLIOTT)

S. 550 -- Senator Stilwell: A BILL TO AMEND SECTION 27-8-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION, DURATION, EFFECT, AND CONVEYANCE OF CONSERVATION EASEMENTS, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS FOR A PUBLIC HEARING ON A PROPOSAL BY A GOVERNMENTAL BODY TO CONVEY AN EASEMENT.

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.

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

The Finance Committee proposed the following amendment (EGM\18168DW.93), which was adopted:

Amend the joint resolution, as and if amended, by striking SECTION 2 and inserting:

/SECTION 2. Section 328, Part II, Act 171 of 1991, is amended by adding:

"(4). Using the Commission on Aging's 1990 Overall Permanent Improvement Plan Submission, the project proposed for Plan Year 1991-92, priority number 1, is increased by $125,000 for the state fund portion and the project proposed for Plan Year 1993-94, priority number 7, is decreased by $125,000 for the state fund portion."/

Amend totals and title to conform.

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

H. 3504 -- Reps. Stuart, Cromer and Gamble: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO PROVIDE THE NECESSARY FUNDING FOR THE IMPLEMENTATION OF A SERVICE WHICH CONGRESS MANDATES A STATE, COUNTY, MUNICIPALITY, OR OTHER POLITICAL SUBDIVISION TO PROVIDE AND TO RELIEVE AND EXEMPT A STATE, COUNTY, MUNICIPALITY, OR OTHER POLITICAL SUBDIVISION FROM ALL ENFORCEMENT OBLIGATIONS OR DUTIES IN SUCH SITUATIONS.

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

H. 3705 -- Rep. Stoddard: A CONCURRENT RESOLUTION TO FIX 1:00 P.M. ON WEDNESDAY, MARCH 24, 1993, AS THE TIME FOR ELECTING MEMBERS TO THE BOARDS OF TRUSTEES OF CLEMSON UNIVERSITY, FRANCIS MARION UNIVERSITY, LANDER UNIVERSITY, AND WINTHROP UNIVERSITY TO FILL UNEXPIRED TERMS ON THOSE BOARDS BECAUSE OF VACANCIES WHICH EXIST.

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

There was no objection.

The Senate proceeded to a consideration of the Concurrent Resolution. The question being the adoption of the Concurrent Resolution.

Senator McCONNELL proposed the following amendment (3705R002.GFM), which was adopted:

Amend the resolution, as and if amended, page 1, lines 23 and 24, by striking these lines in their entirety and inserting:

/ Representatives at 12:00 noon on Wednesday, April 7, 1993, for the purpose of electing members of /

Amend the resolution further, as and if amended, by striking the title in its entirety and inserting the following:

TO FIX 12:00 NOON ON WEDNESDAY, APRIL 7, 1993, AS THE TIME FOR ELECTING MEMBERS TO THE BOARDS OF TRUSTEES OF CLEMSON UNIVERSITY, FRANCIS MARION UNIVERSITY, LANDER UNIVERSITY, AND WINTHROP UNIVERSITY TO FILL UNEXPIRED TERMS ON THOSE BOARDS BECAUSE OF VACANCIES WHICH EXIST. /

There being no further amendments, the Concurrent Resolution was adopted and ordered returned to the House with amendments.

S. 540 -- Senators Saleeby, Land, McConnell, Courtney and Rankin: A BILL TO AMEND SECTION 42-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "AVERAGE WEEKLY WAGES" UNDER THE WORKERS' COMPENSATION LAW, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS AND PROVIDE THAT AVERAGE WEEKLY WAGE IS CALCULATED BY TAKING THE TOTAL WAGES PAID FOR THE LAST FOUR QUARTERS IMMEDIATELY PRECEDING THE QUARTER IN WHICH THE INJURY OCCURRED DIVIDED BY FIFTY-TWO OR BY THE ACTUAL NUMBER OF WEEKS FOR WHICH WAGES WERE PAID, WHICHEVER IS LESS; TO AMEND SECTION 42-1-160, RELATING TO THE DEFINITIONS OF "INJURY" AND "PERSONAL INJURY" FOR PURPOSES OF THE WORKERS' COMPENSATION LAW, SO AS TO ADD PROVISIONS RELATING TO WORK-RELATED STRESS; TO AMEND SECTION 42-1-310, RELATING TO THE PRESUMPTION OF ACCEPTANCE OF THE PROVISIONS OF TITLE 42 (WORKERS' COMPENSATION), SO AS TO DELETE CERTAIN LANGUAGE AND TO DEFINE "EMPLOYMENT" AND "IMPROVEMENT OR MODIFICATION OF REAL PROPERTY"; TO AMEND THE 1976 CODE BY ADDING SECTION 42-1-315 SO AS TO PROVIDE THAT OFFICERS OF A CORPORATION ARE EMPLOYEES UNDER TITLE 42 AND MAY REJECT COVERAGE BY GIVING CERTAIN NOTICE; TO AMEND SECTION 42-1-320, RELATING TO THE PROVISION THAT PUBLIC ENTITIES AND THEIR EMPLOYEES CANNOT EXEMPT THEMSELVES FROM TITLE 42 (WORKERS' COMPENSATION), SO AS TO DELETE PROVISIONS AND PROVIDE THAT THE STATE, ITS MUNICIPAL CORPORATIONS AND POLITICAL SUBDIVISIONS THEREOF, AND SUCH EMPLOYEES, ARE SUBJECT TO TITLE 42; TO AMEND SECTION 42-1-330, RELATING TO WAIVER OF EXEMPTION UNDER THE WORKERS' COMPENSATION LAW, SO AS TO, AMONG OTHER THINGS, INCLUDE OFFICER OF A CORPORATION UNDER THE PROVISIONS OF THIS SECTION; TO AMEND THE 1976 CODE BY ADDING SECTION 42-1-335 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT AN EMPLOYER WHO IS EXEMPT FROM TITLE 42 ELECTS TO ADOPT THE TITLE BY OBTAINING WORKERS' COMPENSATION INSURANCE OR BY OPERATING UNDER AN APPROVED SELF-INSURANCE PROGRAM; TO AMEND SECTION 42-1-340, RELATING TO THE EFFECTIVE DATE OF AND THE MANNER OF GIVING NOTICE OF NONACCEPTANCE OR WAIVER WITH RESPECT TO TITLE 42 (WORKERS' COMPENSATION), SO AS TO DELETE CERTAIN LANGUAGE AND TO REFERENCE SECTION 42-1-315; TO AMEND SECTION 42-1-510, RELATING TO DEFENSES WHICH ARE NOT AVAILABLE TO AN EMPLOYER WHO IS NOT UNDER TITLE 42 (WORKERS' COMPENSATION), SO AS TO PROVIDE THAT COMPARATIVE NEGLIGENCE DOES NOT APPLY, AND FURTHER DEFINE "EMPLOYER" FOR PURPOSES OF DEFENDING AN ACTION AT LAW; TO AMEND SECTION 42-1-520, RELATING TO DEFENSES WHICH ARE AVAILABLE TO AN EMPLOYER OPERATING UNDER TITLE 42 (WORKERS' COMPENSATION) WHEN THE EMPLOYEE IS NOT SO OPERATING, SO AS TO DELETE REFERENCES TO "EMPLOYEE" AND SUBSTITUTE THEREFOR "OFFICER OF A CORPORATION"; TO AMEND THE 1976 CODE BY ADDING SECTION 42-3-195 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE WORKERS' COMPENSATION COMMISSION SHALL COOPERATE WITH AND PROVIDE INFORMATION AND STATISTICS TO ANY AGENCY OF THE STATE OR OF THE UNITED STATES CHARGED WITH THE DUTY OF ENFORCING ANY LAW SECURING SAFETY AGAINST INJURY IN ANY EMPLOYMENT COVERED BY TITLE 42 OR WITH ANY STATE OR FEDERAL AGENCY ENGAGED IN ENFORCING ANY LAWS TO ASSURE SAFETY FOR EMPLOYEES; TO AMEND SECTION 42-5-40, RELATING TO THE PENALTY FOR FAILURE TO SECURE PAYMENT OF WORKERS' COMPENSATION, SO AS TO DELETE CERTAIN LANGUAGE AND PROVIDE A SEPARATE PENALTY FOR WILFUL OR REPEATED VIOLATIONS; TO AMEND SECTION 42-7-200, AS AMENDED, RELATING TO THE WORKERS' COMPENSATION UNINSURED EMPLOYERS' FUND, SO AS TO PROVIDE THAT THE REMEDY PROVIDED IN THIS SECTION SHALL NOT APPLY UNTIL ALL AVAILABLE ADMINISTRATIVE REMEDIES UNDER TITLE 42 AGAINST ANY INSURED STATUTORY EMPLOYER HAVE BEEN EXHAUSTED; TO AMEND SECTION 42-9-220, RELATING TO THE MANNER IN WHICH WORKERS' COMPENSATION SHALL BE PAID, SO AS TO PROVIDE THAT COMPENSATION MUST BE PAID BY A CHECK AND NOT A DRAFT; TO AMEND SECTION 42-9-360, RELATING TO ASSIGNMENTS OF WORKERS' COMPENSATION AND EXEMPTIONS FROM CLAIMS OF CREDITORS AND TAXES, SO AS TO ADD CERTAIN PROVISIONS, INCLUDING A PROVISION THAT IT SHALL BE UNLAWFUL FOR AN AUTHORIZED HEALTH CARE PROVIDER TO DEMAND OF OR CAUSE A DEMAND TO BE MADE ON A WORKERS' COMPENSATION CLAIMANT PRIOR TO THE FINAL ADJUDICATION OF HIS CLAIM, AND PROVIDE FOR CERTAIN MONETARY PENALTIES TO BE PAID TO THE WORKERS' COMPENSATION CLAIMANT; TO AMEND THE 1976 CODE BY ADDING SECTION 42-9-395 SO AS TO ADD PROVISIONS RELATING TO SETTLEMENT AGREEMENTS PROVIDING FOR STRUCTURED SETTLEMENTS IN WORKERS' COMPENSATION CASES; TO AMEND SECTION 42-17-90, RELATING TO REVIEW OF A WORKERS' COMPENSATION AWARD ON A CHANGE OF CONDITION, SO AS TO PROVIDE FOR THE ENTERING OF AN ORDER RATHER THAN THE MAKING OF AN AWARD, AND ADD CERTAIN PROVISIONS, INCLUDING A PROVISION THAT THE WORKERS' COMPENSATION COMMISSION SHALL PROVIDE BY REGULATION THE METHOD AND PROCEDURE BY WHICH AN AWARD OR ORDER COMMENCING TEMPORARY COMPENSATION AND ENTERED WITHOUT AN EVIDENTIARY HEARING MAY BE SET ASIDE FOR FRAUD; TO AMEND SECTION 42-19-10, AS AMENDED, RELATING TO EMPLOYERS' RECORDS AND REPORTS OF INJURIES UNDER THE WORKERS' COMPENSATION LAW, SO AS TO DELETE THE PROVISIONS OF THE SECTION AND ADD PROVISIONS, INCLUDING A PROVISION DETAILING THE CIRCUMSTANCES UNDER WHICH AN EMPLOYER IS NOT REQUIRED TO MAKE A WRITTEN REPORT; TO AMEND CHAPTER 55 OF TITLE 38, RELATING TO CONDUCT OF INSURANCE BUSINESS, BY ADDING ARTICLE 5 SO AS TO ENACT THE "OMNIBUS INSURANCE FRAUD AND REPORTING IMMUNITY ACT", INCLUDING PROVISIONS FOR, AMONG OTHER THINGS, THE ESTABLISHMENT IN THE OFFICE OF THE ATTORNEY GENERAL OF AN INSURANCE FRAUD DIVISION AND THE CREATION OF A FELONY OFFENSE AND THE PROVISION OF PENALTIES THEREFOR; TO AMEND THE 1976 CODE BY ADDING SECTION 42-9-440 SO AS TO PROVIDE THAT THE WORKERS' COMPENSATION COMMISSION MAY REFER ALL CASES OF SUSPECTED FRAUD TO THE INSURANCE FRAUD DIVISION OF THE OFFICE OF THE ATTORNEY GENERAL FOR INVESTIGATION AND PROSECUTION, IF WARRANTED, PURSUANT TO THE OMNIBUS INSURANCE FRAUD AND REPORTING IMMUNITY ACT; TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE OFFENSE IN SECTION 38-55-540; AND TO REPEAL SECTION 42-1-380, RELATING TO THE WAIVER OF EXEMPTION BY EMPLOYER WITH RESPECT TO THE MANDATORY PROVISIONS OF TITLE 42 (WORKERS' COMPENSATION) AND SECTION 42-1-530, RELATING TO DEFENSES WHICH ARE NOT AVAILABLE TO AN EMPLOYER WHEN NEITHER HE NOR THE EMPLOYEE IS UNDER TITLE 42.

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

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

S. 208 -- Senators Hayes, Ryberg, Wilson, Russell, J. Verne Smith, Drummond, Martin, Thomas and Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-2723 SO AS TO FURTHER REGULATE COIN-OPERATED MACHINES AND DEVICES LICENSED UNDER THE PROVISIONS OF SECTION 12-21-2720; TO REPEAL, EFFECTIVE JULY 1, 1994, SECTION 16-19-60 RELATING TO OPERATION OF COIN-OPERATED MACHINES WITH FREE PLAY FEATURE.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Finance (JIC\5418HC.93) as follows:

Amend the bill, as and if amended, page 2, by striking SECTION 2 in its entirety.

Renumber sections to conform.

Amend title to conform.

Senator HAYES argued contra to the adoption of the amendment.

Senator RYBERG spoke on the Bill.

Senator PASSAILAIGUE spoke on the Bill.

Senator LAND spoke on the Bill.

Senator GREGORY spoke on the Bill.

Senator J. VERNE SMITH spoke on the Bill.

Senator DRUMMOND spoke on the Bill.

Senator GIESE spoke on the Bill.

Senator WALDREP spoke on the Bill.

Senator MITCHELL spoke on the Bill.

Senator J. VERNE SMITH moved to lay the amendment on the table.

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

Bryan Drummond Giese
Gregory Hayes Holland
Lander Leatherman Macaulay
Martin McGill Moore
Reese Russell Ryberg
Smith, J.V. Stilwell Thomas
Waldrep Wilson

Cork Courson Courtney
Elliott Ford Glover
Jackson Land Leventis
Matthews McConnell Mescher
Mitchell O'Dell Passailaigue
Patterson Peeler Rankin
Richter Rose Saleeby
Setzler Short Smith, G.
Washington Williams

The Senate refused to table the amendment. The question then was the adoption of the amendment.

Senator MACAULAY argued contra to the adoption of the amendment.

At 1:00 P.M., Senator MOORE assumed the Chair.

Senator MACAULAY argued contra to the adoption of the amendment.

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

Cork Courson Courtney
Elliott Ford Glover
Jackson Land Leventis
Matthews McConnell Mescher
Mitchell O'Dell Passailaigue
Patterson Peeler Rankin
Richter Rose Saleeby
Setzler Short Smith, G.
Washington

Bryan Drummond Giese
Gregory Hayes Holland
Lander Leatherman Macaulay
Martin McGill Moore
Reese Russell Ryberg
Smith, J.V. Stilwell Thomas
Waldrep Wilson

The amendment was adopted.

Senator COURSON proposed the following Amendment No. 1 (JIC\5469HC.93):

Amend the bill, as and if amended, in Section 12-21-2723 (A), as contained in SECTION 1, page 1, by adding beginning on line 28 /No establishment may derive more than fifty percent of its gross revenue from machines licensed under Section 12-21-2720(3). The Tax Commission shall revoke the licenses of machines located in an establishment which fails to meet the revenue source requirement of this section./

Amend title to conform.

Senator COURSON argued in favor of the adoption of the amendment and Senator LAND argued contra.

Senator PASSAILAIGUE moved to lay the amendment on the table.

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

Cork Courtney Elliott
Ford Glover Jackson
Land Leventis Matthews
Mescher Mitchell Moore
O'Dell Passailaigue Patterson
Richter Saleeby Short
Smith, G. Washington

Bryan Courson Drummond
Giese Gregory Hayes
Holland Lander Leatherman
Macaulay Martin McConnell
McGill Peeler Reese
Rose Russell Ryberg
Setzler Smith, J.V. Stilwell
Thomas Waldrep Wilson

The Senate refused to table the amendment. The question then was the adoption of the amendment.

At 1:30 P.M., Senator GIESE requested a leave of absence beginning at 5:45 P.M., until Tuesday, March 30, 1993.

Senator PASSAILAIGUE argued contra to the adoption of the amendment.

Senator LAND asked unanimous consent to make a motion that Amendment No. 1 be carried over.

Senators COURSON and RYBERG objected.

At 1:46 P.M., on motion of Senator COURSON, with unanimous consent, the Senate receded from business not to exceed ten minutes with Senator Passailaigue retaining the floor.

At 1:55 P.M., the Senate resumed.

Senator PASSAILAIGUE argued contra to the adoption of the amendment.

At 2:05 P.M., on motion of Senator PASSAILAIGUE, with unanimous consent, the Senate receded from business not to exceed ten minutes with Senator PASSAILAIGUE retaining the floor.

At 2:29 P.M., the Senate resumed.

Senator PASSAILAIGUE spoke on the amendment.

At 2:31 P.M., on motion of Senator LAND, with unanimous consent, the Senate receded from business not to exceed three minutes with Senator PASSAILAIGUE retaining the floor.

At 2:32 P.M., the Senate resumed.

Senator PASSAILAIGUE spoke on the amendment.

On motion of Senator PASSAILAIGUE, with unanimous consent, Amendment No. 1A (208R021.JEC) proposed by Senators COURSON, PASSAILAIGUE and ROSE was substituted for Amendment No. 1 and adopted as follows:

Amend the bill, as and if amended, in Section 12-21-2723(A), as contained in SECTION 1, page 1, by adding beginning on line 28 the following:

/ No machine may be licensed or relicensed in any location where the primary and substantial portion of the establishment's gross proceeds is from machines licensed under Section 12-21-2720(A)(3). The commission shall revoke the licenses of machines located in an establishment which fails to meet the requirements of this section. No license may be issued for a machine in an establishment in which a license has been revoked for a period of six months from the date of the revocation. The term "gross proceeds" from the machines means the establishment's portion. /

Amend title to conform.

Senator PASSAILAIGUE spoke on Amendment No. 1A.

At 2:45 P.M., Senator BRYAN requested a leave of absence until 12:00 Noon on Tuesday, March 30, 1993.

Senator GIESE argued contra to the adoption of Amendment No. 1A.

Senator PASSAILAIGUE moved that the amendment be adopted.

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

Cork Courson Courtney
Elliott Ford Glover
Jackson Land Leventis
Matthews McConnell McGill
Mescher Mitchell Moore
O'Dell Passailaigue Patterson
Peeler Rankin Richter
Rose Setzler Short
Smith, G. Stilwell Washington
Williams

Drummond Giese Gregory
Hayes Lander Leatherman
Macaulay Martin Reese
Russell Ryberg Smith, J.V.
Thomas Waldrep Wilson

Holland (Present) Nay

Saleeby (Absent) Aye

Amendment No. 1A was adopted.

Senator COURSON proposed the following Amendment No. 2 (JIC\5468HC.93), which was tabled:

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

/SECTION ___. Section 16-19-60 of the 1976 Code is repealed July 1, 1996./

Renumber sections to conform.

Amend title to conform.

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

Senator LAND moved to lay the amendment on the table.

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

Cork Courtney Elliott
Ford Glover Jackson
Land Leventis Matthews
McConnell McGill Mescher
Mitchell O'Dell Passailaigue
Patterson Peeler Rankin
Richter Rose Short
Smith, G. Williams

Courson Drummond Giese
Gregory Hayes Lander
Leatherman Macaulay Martin
Moore Reese Russell
Ryberg Setzler Smith, J.V.
Stilwell Thomas Waldrep
Wilson

Holland (Present) Nay

Saleeby (Absent) Aye

The amendment was laid on the table.

Senator REESE proposed the following Amendment No. 3 (N05\8992DW.93), which was adopted:

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

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

"Section 12-21-2703. No coin-operated machine licensed under the provisions of Section 12-21-2720(A)(3) may be operated at a location unless the location is licensed pursuant to the provisions of Chapter 36 of Title 12./

Renumber sections to conform.

Amend title to conform.

Senator REESE explained the amendment.

Senator REESE moved that the amendment be adopted.

The amendment was adopted.

Senator REESE proposed the following Amendment No. 9 (N05\8988DW.93), which was adopted:

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

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

"Section 12-21-2703. No more than five coin-operated machines licensed under the provisions of Section 12-21-2720(A)(3) may be operated at a location licensed pursuant to the provisions of Chapter 36 of Title 12./

Renumber sections to conform.

Amend title to conform.

Senator REESE argued in favor of the adoption of the amendment and Senator PASSAILAIGUE argued contra.

Senator PASSAILAIGUE moved to lay the amendment on the table.

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

Cork Courson Courtney
Ford Glover Jackson
Land Leventis Matthews
Mescher Mitchell Passailaigue
Patterson Rankin Richter
Setzler Smith, G. Washington
Williams

Drummond Elliott Giese
Gregory Hayes Lander
Leatherman Macaulay Martin
McConnell McGill Moore
O'Dell Peeler Reese
Rose Russell Ryberg
Short Smith, J.V. Stilwell
Thomas Waldrep Wilson

Holland (Present) Nay

Saleeby (Absent) Aye

The Senate refused to table the amendment. The question then was the adoption of the amendment.

The amendment was adopted.

I voted to table Amendment No. 9 because there was no fiscal impact statement. There was only the representation by the proponents that the cost would be between ten to fifteen million dollars. Secondly, the effect of the Courson/Passailaigue amendment which was adopted would be to prevent the proliferation of casinos.

Senators LAND, LEVENTIS, ROSE and GIESE proposed the following Amendment No. 11 (PT\22038DW.93), which was adopted:

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

/SECTION . Section 12-21-2720, as last amended by Part II, Section 10B, Act 501 of 1992, is further amended by adding:

"(C) In addition to any fees set forth under subsection (A)(3), there is imposed a one time non-refundable fee of five hundred dollars on all licenses issued on such machines for the period between July 1, 1993, and June 30, 1994. The revenue from this fee must be placed in a special account and used exclusively for the purchase of metering devices for the purpose of monitoring these machines on a twenty-four hour a day basis. The Tax Commission is responsible for administering this account and implementing, through regulations as approved by the General Assembly, its requirements."/

Renumber sections to conform.

Amend title to conform.

Senator LAND explained the amendment.

Senator LAND moved that the amendment be adopted.

Senator DRUMMOND argued contra to the adoption of Amendment No. 11.

The amendment was adopted.

Senator PEELER proposed the following Amendment No. 14 (208R010.HSP), which was adopted:

Amend the bill, as and if amended, Page 2, after line 15, by adding a new appropriately numbered SECTION to read:

/ SECTION . The cash payouts authorized by Section 16-19-60 of the 1976 Code relating to coin-operated devices may only be continued after June 30, 1995, if a majority of the qualified electors voting in a statewide referendum at the time of the 1994 general election vote in favor of the continued regulation and issuance of these licenses. The State Election Commission must place the question contained herein on the general election ballot in November of 1994. The state election laws shall apply to the referendum mutatis mutandis. The State Board of Canvassers shall publish the results of the referendum and certify them to the Secretary of State. If the result of this referendum is not in favor of a continuation of cash payouts or credits earned on coin-operated devices, Section 16-19-60 of the 1976 Code is repealed effective July 1, 1995.

The question put before the voters shall read as follows:

"Shall cash payouts for credits earned on coin-operated video machines remain legal and subject to licensure and regulation by the State of South Carolina after June 30, 1995?"

/ / Yes

/ / No /

Renumber sections to conform.

Amend title to conform.

Senator PEELER explained the amendment.

Senator PEELER moved that the amendment be adopted.

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

Courson Courtney Drummond
Elliott Giese Glover
Gregory Hayes Holland
Jackson Lander Leatherman
Leventis Martin Matthews
McConnell McGill Mescher
Mitchell Moore O'Dell
Passailaigue Peeler Rankin
Reese Richter Rose
Russell Ryberg Setzler
Short Smith, G. Smith, J.V.
Stilwell Thomas Waldrep
Washington Williams Wilson

Cork Ford Land
Macaulay Patterson

The amendment was adopted.

Senator LAND proposed the following Amendment No. 16 (JIC\5701HC.93), which was adopted:

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

/SECTION ___. Secton 12-21-2738 of the 1976 Code is amended to read:

"Section 12-21-2738. Any person who fails, neglects, or refuses to comply with the terms and provisions of this article or who fails to attach the required license to any machine, apparatus, billiard, or pocket billiard table, as herein required, is subject to a penalty of fifty dollars for each failure, and the penalty must be assessed and collected by the commission.

If the violation under this section relates to a machine licensed pursuant to Section 12-21-2720(A)(3), the applicable penalty amount is two thousand five hundred dollars."/

Renumber sections to conform.

Amend totals and title to conform.

Senator LAND explained the amendment.

The amendment was adopted.

Senator MESCHER proposed the following Amendment No. 17 (208R013.WCM), which was adopted:

Amend the bill, as and if amended, page 2, after line 15, by adding an appropriately numbered new SECTION to read:

/ SECTION . The 1976 Code is amended by adding:

"Section . Any location which operates or allows the operation of coin-operated machines pursuant to Section 12-21-2720(A)(3) which provides payouts authorized pursuant to Section 16-19-60 shall limit the cash payout for credits earned for free games to two thousand five hundred credits per player per location during any twenty-four-hour period. The cash value of credits for each free game shall be limited to five cents." /

Amend title to conform.

Senator MESCHER explained the amendment.

Senator PASSAILAIGUE moved to lay the amendment on the table.

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

Cork Courtney Elliott
Ford Glover Jackson
Land Leventis Matthews
McConnell Mitchell O'Dell
Passailaigue Patterson Peeler
Rankin Short Smith, G.
Washington Williams

Courson Drummond Giese
Gregory Hayes Lander
Leatherman Macaulay Martin
McGill Mescher Moore
Reese Richter Rose
Russell Ryberg Smith, J.V.
Thomas Waldrep Wilson

Holland (Present) Nay

Saleeby (Absent) Aye

The Senate refused to table the amendment. The question then was the adoption of the amendment.

The amendment was adopted.

With unanimous consent, Senator RANKIN proposed the following Amendment No. 27 (208R016.LAR), which was ruled out of order:

Amend the bill, as and if amended, page 2, after line 15, by adding an appropriately numbered new SECTION to read:

/ SECTION _____. The State Election Commission shall cause the question contained herein to be placed before the voters of this State at the time of the 1994 general election in November. The State Board of Canvassers shall publish the results of the referendum and certify them to the Secretary of State. The result of this referendum is advisory and shall in no way be binding upon the General Assembly.

The question put before the voters shall read as follows:

Do you favor changing the State Constitution so as to allow a state lottery?

/ / Yes

/ / No /

Renumber sections to conform.

Amend title to conform.

Senator RANKIN explained the amendment.

Senator THOMAS raised the Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.

Senators RANKIN, LEATHERMAN, RYBERG, LANDER, PASSAILAIGUE, McCONNELL, WILLIAMS and DRUMMOND spoke on the Point of Order.

The Acting PRESIDENT took the matter under advisement.

Senator RANKIN spoke on the amendment.

The ACTING PRESIDENT sustained the Point of Order.

Senators MESCHER and ROSE proposed the following Amendment No. 19 (208R011.WCM), which was adopted:

Amend the bill, as and if amended, page 2, after line 15, by adding an appropriately numbered new SECTION to read:

/ SECTION . The 1976 Code is amended by adding:

"Section . Any location which operates or allows the operation of coin-operated machines pursuant to Section 12-21-2720(A)(3) which provides payouts authorized pursuant to Section 16-19-60 may not be located within one thousand feet of a public or private elementary, middle, or secondary school; a public or private kindergarten; a public playground or park; a public vocational or trade school or technical educational center; a public or private college or university; or house of worship. The owner of any location operating in violation of the provisions of this section shall be guilty of a misdemeanor and shall, upon conviction, be fined not less than one hundred dollars and not more than two hundred dollars or imprisoned for not more than sixty days. Each day of operation shall constitute a separate violation.

The penalty imposed by this section shall not be effective until after September 1, 1993. Any location relocating pursuant to this section may apply to the Tax Commission for the reissuance of a license without charge." /

Amend title to conform.

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

Cork Courson Courtney
Drummond Elliott Giese
Glover Gregory Hayes
Holland Jackson Land
Lander Leatherman Macaulay
Martin McConnell McGill
Mescher Mitchell Moore
O'Dell Passailaigue Peeler
Rankin Reese Richter
Rose Russell Ryberg
Setzler Short Smith, J.V.
Stilwell Thomas Waldrep
Washington Williams Wilson

Leventis Smith, G.

The amendment was adopted.

Senators ROSE and RYBERG proposed the following Amendment No. 21 (208R020.MTR), which was tabled:

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

/SECTION . Section 12-21-2720(B) of the 1976 Code is amended to read:

"(B) Municipalities may increase the amount charged as license for the operation of the machines over the maximum amounts allowed before March 28, 1956, by not more than twenty percent. No municipality Each county may limit the number of machines per location or prohibit the reimbursement for credits earned on a machine within the boundaries of the that municipality county, by majority vote of a referendum held in that county with at least ninety days prior notice, provided that each said referendum may be held only at a General Election called by a county government at least 180 days before the election." /

Renumber sections to conform.

Amend title to conform.

Senator ROSE explained the amendment.

Senator WILLIAMS moved to lay the amendment on the table.

The amendment was laid on the table.

Senator ROSE proposed the following Amendment No. 22 (208R008.MTR), which was withdrawn:

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

/ Section . Each coin operated video machine licensed under this chapter:

(1) shall not have any means of manipulation that affect the random probabilities of winning a game;

(2) shall have one or more mechanisms that accept coins or cash in the form of bills. The mechanisms shall be designed to prevent obtaining credits without paying by stringing, slamming, drilling, or other means. If such attempts involve physical tampering, the machine shall possess a mechanism to automatically suspend itself from operation until reset;

(3) shall have nonresettable meters housed in any readily accessible locked machine area that keep a permanent record of all cash inserted into the machine, all refunds of winnings made by the machine's printer, credits played for games and credits won by players;

(4) shall be capable of printing a ticket voucher stating the value of the prize for the player at the completion of each game, the time of day in a twenty-four hour format showing hours and minutes, the date, the machine serial number, the sequential number of the ticket vouchers, and an encrypted validation number from which the validity of the prize may be determined;

(5) shall have accounting software that keeps an electronic record which includes, but is not limited to, the following: total cash inserted into the machine, the value of winning tickets claimed by players, the total credits played and the total credits awarded by a video game, and the payback percentage credited players of each video game; and

(6) shall be linked under a central communications system to provide auditing program information as approved by the Tax Commission. The communications system shall be installed and all testing conducted no later than December 1, 1996. Until such time, all accounting of machine transactions shall be audited by electronic records maintained by each video machine as required in subdivision (5) of this section. In no event may the communications system approved by the Tax Commission limit participation to only one manufacturer of video machines by either the cost in implementing the necessary program modifications to communicate or the inability to communicate with the central communications system. Nothing in this section maybe construed as requiring a machine which only offers video games to be on-line or in constant communication with a central computer. /

Amend title to conform.

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

On motion of Senator ROSE, with unanimous consent, the amendment was withdrawn.

Senators ROSE, THOMAS, MACAULAY, MARTIN, GIESE, LEATHERMAN, GREGORY, J. VERNE SMITH, RUSSELL, STILWELL, WALDREP and RYBERG proposed the following Amendment No. 23 (208R017.MTR), which was not adopted:

Amend the bill, as and if amended, page 1, line 27, by striking the word / eight / and inserting the word:

/ three /.

Amend title to conform.

Senator ROSE explained the amendment.

Senator ROSE moved that the amendment be adopted.

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

Courson Drummond Giese
Gregory Hayes Lander
Leatherman Macaulay Martin
McConnell McGill Moore
Reese Rose Russell
Ryberg Smith, J.V. Stilwell
Thomas Waldrep Wilson

Cork Courtney Elliott
Ford Glover Jackson
Land Leventis Matthews
Mescher Mitchell O'Dell
Passailaigue Patterson Peeler
Rankin Richter Setzler
Short Smith, G. Washington
Williams

Holland (Present) Aye

Saleeby (Absent) Nay

Amendment No. 23 was not adopted.

Senator PASSAILAIGUE proposed the following Amendment No. 25 (208R019.ELP), which was ruled out of order:

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

/ SECTION . The first paragraph of Section 12-37-250 of the 1976 Code, as last amended by Act 530 of 1990, is further amended to read:

"The first twenty thirty thousand dollars of the fair market value of the dwelling place of a person is exempt from county, municipal, school, and special assessment real estate property taxes when the person has been a resident of this State for at least one year and has reached the age of sixty-five years on or before December thirty-first, the person has been classified as totally and permanently disabled by a state or federal agency having the function of classifying persons, or the person is legally blind as defined in Section 43-25-20, preceding the tax year in which the exemption is claimed and holds complete fee simple title or a life estate to the dwelling place. A person claiming to be totally and permanently disabled, but who has not been classified by one of the agencies, may apply to the State Agency of Vocational Rehabilitation. The agency shall make an evaluation of the person using its own standards. The exemption includes the dwelling place when jointly owned in complete fee simple or life estate by husband and wife, and either has reached sixty-five years of age, or is totally and permanently disabled, or legally blind under this section, before January first of the tax year in which the exemption is claimed, and either has been a resident of the State for one year. The exemption must not be granted for the tax year in which it is claimed unless the person or his agent makes written application for the exemption before July sixteenth of that tax year. If the person or his agent makes written application for the exemption after July fifteenth, the exemption must not be granted except for the succeeding tax year for a person qualifying under this section when the application is made. However, if application is made after July fifteenth of that tax year but before the first penalty date on property taxes for that tax year by a person qualifying under this section when the application is made, the taxes due for that tax year must be reduced to reflect the exemption provided in this section. The application for the exemption must be made to the auditor of the county and to the governing body of the municipality in which the dwelling place is located upon forms provided by the county and municipality and approved by the Comptroller General, and a failure to apply constitutes a waiver of the exemption for that year. Beginning with tax year 1979 the auditor, as directed by the Comptroller General, shall notify the municipality of all applications for a homestead exemption within the municipality and the information necessary to calculate the amount of the exemption. `Dwelling place' means the permanent home and legal residence of the applicant."

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

/ SECTION . The provisions of the first paragraph of Section 12-37-250, as amended by this act, are effective for tax years beginning after December 31, 1992. /

Amend title to conform.

Senator PASSAILAIGUE explained the amendment.

Senator STILWELL raised the Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.

Senator MACAULAY spoke on the Point of Order.

The ACTING PRESIDENT sustained the Point of Order.

Senator SETZLER proposed the following Amendment No. 26 (208R022.NGS), which was adopted:

Amend the bill, as and if amended, page 2, by striking lines 6 and 7, and inserting the following:

/ (E) It shall not be lawful to operate machines licensed under Section 12-21-2720(A)(3) between the hours of midnight Saturday night and 6:00 a.m. Monday morning.

(F) A person violating subsections (A), (B), (D), or (E) of this section is subject to a fine of up to /

Amend title to conform.

The amendment was adopted.

Senators ROSE, MACAULAY, RYBERG, THOMAS, HAYES GREGORY and COURSON proposed the following Amendment No. 28 (208R023.MTR), which was tabled:

Amend the bill, as and if amended, page 2, after line 15, by adding an appropriately numbered new SECTION to read:

/ SECTION . The 1976 Code is amended by adding:

"Section . (A) The owner of any location which operates or allows the operation of coin-operated machines pursuant to Section 12-21-2720(A)(3) which provides payoffs authorized pursuant to Section 16-19-60 shall prepare and post in a conspicuous place on the premises and near where all coin-operated machines are located a sign or signs clearly warning patrons of the dangers of possible addiction to gambling that such machines pose.

(B) The sign required by this section must read:

WARNING: VIDEO POKER MACHINES MAY BE ADDICTIVE AND LEAD TO THE DISEASE OF GAMBLING.

(C) The sign required by this section must be no smaller than six inches high by twelve inches wide, with print no smaller than one-half inch bold print in clear, readable letters.

Section . The Tax Commission shall conduct inspection of premises subject to the requirements of this article in accordance with regulations promulgated by the commission to govern the requirement and posting of warning signs.

Section . The owner of any location which operates or allows the operation of coin-operated machines pursuant to Section 12-21-2720(A)(3) which provides payoffs authorized pursuant to Section 16-19-60 who violates the provisions of this section is subject to revocation or suspension of the license for each machine operated at the location. /

Amend title to conform.

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

Senator CORK moved to lay the amendment on the table.

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

Cork Courtney Elliott
Ford Glover Jackson
Land Leventis Matthews
McConnell Mescher Mitchell
Moore O'Dell Passailaigue
Patterson Peeler Rankin
Short Smith, G. Stilwell
Washington Williams

Courson Drummond Giese
Gregory Hayes Lander
Leatherman Macaulay Martin
McGill Reese Richter
Rose Russell Ryberg
Smith, J.V. Thomas Waldrep
Wilson

Holland (Present) Nay

Saleeby (Absent) Aye

The amendment was laid on the table.

Senators ROSE, MACAULAY, RYBERG, THOMAS, HAYES, GREGORY and REESE proposed the following Amendment No. 29 (208R015.MTR), which was tabled:

Amend the bill, as and if amended, page 2, after line 15, by adding an appropriately numbered new SECTION to read:

/ SECTION . The 1976 Code is amended by adding:

"Section . (A) The owner of any location which operates or allows the operation of coin-operated machines pursuant to Section 12-21-2720(A)(3) which provides payoffs authorized pursuant to Section 16-19-60 shall prepare and post in a conspicuous place on the premises and near where all coin-operated machines are located a sign or signs clearly warning patrons of the dangers of possible addiction to gambling that such machines pose.

(B) The sign required by this section must read:

WARNING: VIDEO POKER MACHINES MAY BE ADDICTIVE AND LEAD TO THE DISEASE OF GAMBLING.

Section 32-1-10 of the Code of Laws of South Carolina, 1976, provides that any person who shall lose the sum of fifty dollars while gambling, either by playing cards, dice or betting on side hands or any other game whatsoever, and shall have paid the debt, either in whole or in part, shall be entitled, within three months after such transaction, to bring an action in any court of competent jurisdiction to recover the money or goods so lost. Further, Section 32-1-20 of the Code of Laws of South Carolina, 1976, provides that if the person who loses fifty dollars in money or other things of value fails to bring an action for the recovery of such value within the three-month time frame after the payment and delivery of such value, it shall be lawful for any other person to bring suit for the recovery of the same and three times the value thereof and the cost of such suit.

(C) The sign required by this section must be no smaller than six inches high by twelve inches wide, with print no smaller than one-half inch bold print in clear, readable letters.

Section . The Tax Commission shall conduct inspection of premises subject to the requirements of this article in accordance with regulations promulgated by the commission to govern the requirement and posting of warning signs.

Section . The owner of any location which operates or allows the operation of coin-operated machines pursuant to Section 12-21-2720(A)(3) which provides payoffs authorized pursuant to Section 16-19-60 who violates the provisions of this section is subject to revocation or suspension of the license for each machine operated at the location. /

Amend title to conform.

Senator ROSE explained the amendment.

Senator LAND moved to lay the amendment on the table.

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

Cork Courson Courtney
Elliott Ford Glover
Jackson Land Lander
Leventis Matthews McConnell
Mescher Mitchell O'Dell
Passailaigue Patterson Peeler
Rankin Richter Setzler
Short Smith, G. Stilwell
Washington Williams

Drummond Giese Gregory
Hayes Leatherman Macaulay
Martin McGill Moore
Reese Rose Russell
Ryberg Smith, J.V. Thomas
Waldrep Wilson

Holland (Present) Nay

Saleeby (Absent) Aye

The amendment was laid on the table.

Senator MESCHER proposed the following Amendment No. 30 (208R025.WCM), which was tabled:

Amend the bill, as and if amended, page 2, by adding an appropriately numbered new SECTION to read as follows:

/SECTION . The 1976 Code is amended by adding:

"Section . Any licensee licensed pursuant to Section 12-21-2728 or any family member of the licensee is not eligible for a license pursuant to Section 12-21-2720(A)(3). For purposes of this section, a `family member' shall mean a spouse, parent, brother, sister, child, mother-in-law, father-in-law, son-in-law, daughter-in-law, grandparent, or grandchild whether or not the individual is claimed as a dependent for income tax purposes." /

Amend title to conform.

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

Senator LAND moved to lay the amendment on the table.

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

Cork Courson Courtney
Elliott Ford Giese
Glover Jackson Land
Leatherman Leventis Matthews
McConnell McGill Mitchell
Moore O'Dell Passailaigue
Patterson Peeler Rankin
Richter Rose Setzler
Short Smith, G. Stilwell
Washington Williams

Drummond Gregory Hayes
Lander Macaulay Martin
Mescher Reese Russell
Ryberg Smith, J.V. Thomas
Waldrep Wilson

Holland (Present) Nay

Saleeby (Absent) Aye

The amendment was laid on the table.

Senator RYBERG proposed the following Amendment No. 31 (208R026.WGR), which was adopted:

Amend the bill, as and if amended, page 2, by adding an appropriately numbered new SECTION to read:

/ Section _____. Section 12-21-2726 is amended to read:
"Section 12-21-2726. Every person who maintains for use or permits the use of, on any a place or premises occupied by him, any a machine subject to the license imposed by this article shall by way of proof of licensing must have a current license displayed conspicuously on the front of the machine. attached to the machine, or alternatively the person shall have in his possession and produce on demand a receipt for a cashier's check, money order, or certified check not more than thirty days old made payable to the order of the South Carolina Tax Commission showing thereon the name or model except that those machines described in and licensed as item (3) machines may by way of proof of licensing have a current license on display at the premises occupied by him showing only the following information: (1) the type of machine; (2) the number of machines; and (3) location showing the address of the machines. The owners of those machines described in and licensed as item (3) machines are specifically allowed to take advantage of those provisions of the United States Code which also authorize a tax credit for state-imposed taxes." /

Renumber sections to conform.

Amend title to conform.

Senator RYBERG explained the amendment.

The amendment was adopted.

Senators LAND and COURTNEY proposed the following Amendment No. 32 (JIC\5686HC.93), which was adopted:

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

/SECTION ___. Article 19, Chapter 21, Title 12 of the 1976 Code is amended by adding:

"Section 12-21-2705. (A) (1) Coin-operated nonpayout machines with a free play feature may not be licensed or operated in a county after the expiration of existing licenses following a referendum in the county in which a majority approved prohibiting such machines in the county.

(2) In a county where coin-operated nonpayout machines with a free play feature have been prohibited, such machines may be licensed and operated after December thirty-first following a referendum in the county in which a majority approved the licensing and operation of such machines.

(B) (1) The governing body of a county may by ordinance provide for a referendum to be held on the question of prohibiting the licensing and operation of coin-operated nonpayout machines with a free play feature in the county. If such machines are prohibited in a county, the governing body may by ordinance provide for a referendum to be held on the quesion of allowing such machines to be licensed and operated in the county.

(2) A referendum must be held in the county on the question of prohibiting the licensing and operation of coin-operated nonpayout machines with a free play feature upon a petition so requesting filed with the county election commission more than ninety days before the general election containing the signatures of at least ten percent, but not more than two thousand five hundred, of the qualified electors of the county at the time of the last general election. Similarly, where the licensing and operation of such machines are prohibited in a county, a referendum must be held upon a petition filed with the county election commission requesting such machines to be allowed in the county. The same filing deadlines and signature requirements apply for these petitions.

(C) Referendums held pursuant to this section must be conducted by the county election commission at the time of the general election. The commission shall phrase the question in a manner that concisely states the issue. The state election laws apply to the referendum, mutatis mutandis. The commission shall certify and publish the results of the referendum. The county election commission shall forward a certified copy of the referendum result to the Tax Commission for any referendum where the result changes the legal status of coin-operated nonpayout machines with a free play feature in the county.

(D) The revenues from a license provided in Section 12-21-2720(A)(3) issued after June 1, 1995, must be remitted to the county in which the machine is licensed and divided among school districts in the county on a one hundred thirty-five day average daily membership basis. The proceeds of the license fees must be used for public school building purposes./

Renumber sections and amend totals/title to conform.

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

Senator THOMAS spoke on the amendment.

Senator COURTNEY moved that the amendment be adopted.

Senator THOMAS moved to lay the amendment on the table.

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

Drummond Giese Gregory
Hayes Holland Lander
Macaulay Martin Peeler
Reese Russell Ryberg
Smith, J.V. Stilwell Thomas
Waldrep Wilson

Cork Courson Courtney
Elliott Ford Glover
Jackson Land Leatherman
Leventis Matthews McConnell
McGill Mescher Mitchell
Moore O'Dell Passailaigue
Patterson Rankin Richter
Rose Setzler Short
Smith, G. Washington Williams

The Senate refused to table the amendment. The question then was the adoption of the amendment.

Senator J. VERNE SMITH argued contra to the adoption of the amendment.

Senator WASHINGTON spoke on the amendment.

At 5:20 P.M., Senator ROSE requested a leave of absence for the balance of the day.

Senator STILWELL argued contra to the adoption of the amendment.

Senator HAYES argued contra to the adoption of the amendment.

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

Cork Courtney Elliott
Ford Glover Jackson
Land Leventis Matthews
McConnell Mitchell O'Dell
Passailaigue Patterson Rankin
Richter Rose Setzler
Short Smith, G. Washington
Williams

Courson Drummond Giese
Gregory Hayes Lander
Leatherman Macaulay Martin
McGill Mescher Moore
Peeler Reese Russell
Ryberg Smith, J.V. Stilwell
Thomas Waldrep Wilson

Holland (Present) Nay

Saleeby (Absent) Aye

The amendment was adopted.

Senators LAND and GREG SMITH proposed the following Amendment No. 33 (BBM\10430HC.93), which was not adopted:

Amend the bill, as and if amended, page 2, after line 15, by adding an appropriately numbered new SECTION to read:

/SECTION . The 1976 Code is amended by adding:

"Section . Any location which operates or allows the operation of coin-operated machines pursuant to Section 12-21-2720(A)(3) which provides payouts authorized pursuant to Section 16-19-60 may not be located within five hundred feet within a county and within three hundred feet in a municipality of a public or private elementary, middle, or secondary school; a public or private kindergarten; a public playground or park; a public vocational or trade school or technical educational center; a public or private college or university; or house of worship. The owner of any location operating in violation of the provisions of this section shall be guilty of a misdemeanor and shall, upon conviction, be fined not less than one hundred dollars and not more than two hundred dollars or imprisoned for not more than sixty days. Each day of operation shall constitute a separate violation.

The penalty imposed by this section shall not be effective until after September 1, 1993. Any location relocating pursuant to this section may apply to the Tax Commission for the reissuance of a license without charge.

The provisions of this section do not apply with respect to any location with machines with licenses issued before May 30, 1993."/

Renumber sections to conform.

Amend totals and title to conform.

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

The amendment was not adopted.

At 5:25 P.M., the leave of absence granted to Senator ROSE beginning at 5:20 P.M. was rescinded.

Senator REESE proposed the following Amendment No. 4 (N05\8994DW.93), which was tabled:

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

/SECTION __. Section 16-19-60 of the 1976 Code is repealed July 1, 1993./

Renumber sections to conform.

Amend title to conform.

Senator REESE explained the amendment.

Senator CORK moved to lay the amendment on the table.

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

Cork Courson Courtney
Elliott Ford Glover
Jackson Land Leventis
Matthews McConnell Mescher
Mitchell O'Dell Passailaigue
Patterson Peeler Rankin
Rose Russell Short
Smith, G. Washington Williams

Drummond Giese Gregory
Hayes Lander Leatherman
Macaulay Martin McGill
Moore Reese Richter
Ryberg Smith, J.V. Stilwell
Thomas Waldrep Wilson

Holland (Present) Nay

Saleeby (Absent) Aye

The amendment was laid on the table.

Having voted on the prevailing side, Senator PASSAILAIGUE moved to reconsider the vote whereby Amendment No. 19 (208R011.WCM) proposed by Senators MESCHER and ROSE, was adopted.

Senator PASSAILAIGUE spoke on the motion.

Senator DRUMMOND spoke on the motion.

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

Cork Courson Courtney
Elliott Ford Glover
Jackson Land Leventis
Matthews McConnell Mescher
Mitchell Moore O'Dell
Passailaigue Patterson Peeler
Rankin Richter Rose
Short Smith, G. Washington
Williams

Drummond Gregory Hayes
Lander Leatherman Macaulay
Martin McGill Reese
Russell Ryberg Smith, J.V.
Stilwell Thomas Waldrep
Wilson

The motion to reconsider was adopted. The question then was the adoption of Amendment No. 19.

Senator PASSAILAIGUE asked unanimous consent to make a motion that Amendment No. 33, proposed by Senators LAND and GREG SMITH (BBM\10430HC.93) be substituted for Amendment No. 19.

Senator LEATHERMAN objected.

Senator PASSAILAIGUE moved to carry over Amendment No. 19.

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

Cork Courson Courtney
Elliott Ford Glover
Jackson Land Leventis
Matthews McConnell McGill
Mescher Mitchell Moore
O'Dell Passailaigue Patterson
Peeler Rankin Reese
Richter Rose Russell
Short Smith, G. Thomas
Washington Williams

Drummond Gregory Hayes
Lander Leatherman Macaulay
Martin Ryberg Smith, J.V.
Stilwell Waldrep Wilson

Holland (Present) Nay

Saleeby (Absent) Aye

Amendment No. 19 was carried over.

Senator PASSAILAIGUE asked unanimous consent to make a motion that Amendment No. 33, proposed by Senators LAND and GREG SMITH (BBM\10430HC.93) be taken up for immediate consideration.

Senator LEATHERMAN objected.

The Senate proceeded to a consideration of Amendment No. 19, proposed by Senators MESCHER and ROSE (208R011.WCM), which was previously carried over.

Senator PASSAILAIGUE spoke on the amendment.

Senator PASSAILAIGUE proposed the following Amendment No. 34 (208R028.ELP), which was adopted:

Amend Amendment No. 19, by striking the amendment in its entirety and inserting the following:

/ Amend the bill, as and if amended, page 2, by adding an appropriately numbered new SECTION to read:

SECTION . The 1976 Code is amended by adding:

"Section . Any location which operates or allows the operation of coin-operated machines pursuant to Section 12-21-2720(A)(3) which provides payouts authorized pursuant to Section 16-19-60 may not be located within five hundred feet within a county and within three hundred feet in a municipality of a public or private elementary, middle, or secondary school; a public or private kindergarten; a public playground or park; a public vocational or trade school or technical educational center; a public or private college or university; or house of worship. The owner of any location operating in violation of the provisions of this section shall be guilty of a misdemeanor and shall, upon conviction, be fined not less than one hundred dollars and not more than two hundred dollars or imprisoned for not more than sixty days. Each day of operation shall constitute a separate violation.

The penalty imposed by this section shall not be effective until after September 1, 1993. Any location relocating pursuant to this section may apply to the Tax Commission for the reissuance of a license without charge.

The provisions of this section do not apply with respect to any location with machines with licenses issued before May 30, 1993." /

Amend title to conform.

The amendment was adopted.

The question then was the adoption of Amendment No. 19, proposed by Senators MESCHER and ROSE (208R011.WCM).

The amendment was adopted.

Senator RYBERG proposed the following Amendment No. 35 (208R027.WGR), which was adopted:

Amend the amendment bearing document number 208R026.WGR, by adding after the first sentence the following:

/ Each machine licensed pursuant to this section must be operated in a stand alone fashion and may not be linked in any way to another coin-operated machine or device. /

Amend title to conform.

Senator RYBERG explained the amendment.

The amendment was adopted.

There being no further amendments, the question then was the third reading of the Bill.

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

Cork Courson Courtney
Elliott Ford Glover
Jackson Land Leventis
Matthews McConnell Mescher
Mitchell Moore O'Dell
Passailaigue Patterson Peeler
Rankin Richter Rose
*Setzler Short Smith, G.
Stilwell Washington Williams

Drummond Gregory Hayes
Lander Leatherman Macaulay
Martin McGill Reese
Russell Ryberg Smith, J.V.
Thomas Waldrep Wilson

*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.

Holland (Present) Nay

Saleeby (Absent) Aye

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

S. 443 -- Senators Richter, Rose, Giese and Reese: A BILL TO AMEND SECTION 30-4-40(a)(2), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN MATTERS DECLARED EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT INFORMATION CONTAINED IN PUBLIC DOCUMENTS OR RECORDS OF A PERSONAL NATURE MAY NOT BE DISCLOSED FOR COMMERCIAL SOLICITATION.

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

Senator WILLIAMS objected.

MOTION ADOPTED
On motion of Senator HAYES, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Bruno Turok, who was killed in a tragic automobile accident earlier this year, and in honor of those other members of the Winthrop University Tennis Team who were injured in that same accident.

MOTION ADOPTED
On motion of Senators WASHINGTON and PASSAILAIGUE, with unanimous consent, the Senate stood adjourned out of respect to the memory of the Reverend Coleman Forest of Charleston, South Carolina.

Senator McCONNELL moved that when the Senate adjourns on Friday, March 26, 1993, it stand adjourned to meet next Tuesday, March 30, 1993, at 12:00 Noon, which motion was adopted.

At 6:22 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

* * *

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