Indicates Matter Stricken
Indicates New Matter

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

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

Beloved, hear words of St. Paul to the Thessalonians (II Thess. 1:11):

"To this end we always pray for you,
that our God may make you worthy of

His Call,

And may fulfill every good resolve

and work of faith by His power..."
Let us pray.

O Lord God Almighty, You give Your servants varied and singular talents...and You call us both to have fellowship with You by faith...and to serve our fellow humans in love.

When our track gets tough and tedious, leave us not destitute of the spirit of forbearance and patience.

Through long hours of group thinking give us meekness of heart, gentleness, and a full measure of charity.

In a New Age You are calling our generation...and our children's generation...to ventures of which we cannot see the ending. We know that ahead there are paths as yet untrodden...and sometimes we fear unknown perils out there.

So build up our character and our faith...lift up our hearts for we believe that the King of Kings will be out there...also.

Amen.

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

Senator GIESE 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

The Senate resumed.

H. 3546 -- Reps. Sheheen, Wilkins, Boan, Hodges, Jennings, Harwell, Corning and Thomas: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATION OF GOVERNMENT TO PROVIDE FOR THE ORGANIZATION, DUTIES, FUNCTIONS AND PROCEDURES OF THE VARIOUS DEPARTMENTS AND DIVISIONS. (Abbreviated Title)

Senator WILLIAMS was granted leave to address remarks to the body.

Senator MOORE was granted leave to make a status report to the body regarding the work of the Committee of Conference on the Bill.

BY PRIOR MOTION OF THE SENATE, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

H. 3043 -- Rep. Scott: A BILL TO AMEND SECTION 22-3-800, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MAGISTRATE'S AUTHORITY TO SUSPEND SENTENCES IN CERTAIN CASES, SO AS TO PROVIDE THAT UP TO ONE HUNDRED HOURS OF COMMUNITY SERVICE MAY BE IMPOSED WHERE AN AMOUNT IS NOT PROVIDED OTHERWISE.

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

Senator HOLLAND spoke on the Bill.

Senators HOLLAND, MOORE and PEELER proposed the following Amendment No. 1 (3043R002.DHH), which was adopted:

Amend the bill, as and if amended, beginning on line 24, by adding the following new SECTIONS to be appropriately numbered to read as follows:

/ SECTION . Chapter 1 of Title 22 of the 1976 Code is amended by adding:

"Section 22-1-25. Notwithstanding the provisions of Section 9-1-1530 or Section 1-13-80(h)(8), (10), or (12), it shall be mandatory for a magistrate to retire not later than the end of the fiscal year in which he reaches his seventy-second birthday."

SECTION . Section 8-13-910 of the 1976 Code is amended to read:

"Section 8-13-910. (A) No person who is a candidate for public office which is filled by election by the General Assembly or with the advice and consent of the Senate or the General Assembly may be voted upon by the General Assembly or either house thereof until at least ten days following the date on which the candidate files a statement of economic interests as defined in this chapter with the Chairman of the Senate Ethics Committee and the Chairman of the House of Representatives Ethics Committee, as appropriate.

(B) No person who is appointed to an office which is filled with the advice and consent of the Senate or the General Assembly may be confirmed unless the appointment, when received by the Senate and/or the House, is accompanied by a current original copy of a statement of economic interests which has been filed with the appointing authority and is transmitted with the appointment and until at least ten days following the date on which the appointment, with the attached original economic interest statement, has been received by the Senate and/or the House."

SECTION . Section 1-3-210 of the 1976 Code is amended to read:

"Section 1-3-210. During the recess of the Senate, Any vacancies vacancy which may happen occurs in an of the following offices filled by an appointment of the Governor with the advice and consent of the Senate during the recess of the Senate may be filled by an interim appointment of the Governor,. The Governor must who shall report the interim appointment to the Senate and must forward a formal appointment at its next ensuing regular session:.

(1) County auditors;

(2) County treasurers;

(3) Magistrates;

(4) Masters;

(5) Five regents of the State Hospital;

(6) Circuit solicitors;

(7) The State Tax Commission; and

(8) The members of the State Development Board.

If the Senate does not advise and consent thereto prior to sine die adjournment of the at such next ensuing regular session, the office shall be vacant and the interim appointment shall not serve in holdover status notwithstanding any other provision of law to the contrary. A subsequent interim appointment of a different person to a vacancy created by a failure of the Senate to grant confirmation to the original interim appointment shall expire on the second Tuesday in January following the date of such subsequent interim appointment and the office shall be vacant."

SECTION . Chapter 3 of Title 1 of the 1976 Code is amended by adding:

"Section 1-3-215. (A) Appointments of the Governor requiring the advice and consent of the Senate must be transmitted to the Senate and must contain at a minimum the following information:

(1) The title of the office to which the individual is being appointed;

(2) The designation of any special seat, discipline, interest group, or other designated entity that the individual is representing or is chosen from;

(3) The full legal name of the individual being appointed;

(4) The current street or mailing address and telephone number;

(5) The county, counties, district, or other geographic area or political subdivision being represented;

(6) The name of the individual being replaced if the appointment is not an initial appointment; and

(7) The commencement and ending date of the term of office.

(B) When an appointment has been confirmed by the Senate, evidence of such confirmation shall be transmitted to the Secretary of State by the Clerk of the Senate and the Secretary of State must thereafter obtain the necessary oath and evidence of bond if required. The taking of the oath of office and filing of any requisite bond shall fully vest the person appointed with the full rights, privileges, and powers of the office. The notice of confirmation transmitted by the Senate shall be conclusive as to the validity of an appointment and the issuance of a commission by the Secretary of State after obtaining the requisite documentation is a ministerial act."

SECTION . Section 1-3-220 of the 1976 Code is amended to read:

"Section 1-3-220. The following officers appointments shall be appointed made by the Governor and are in addition to those for whose appointments by the Governor authorized in other provisions is elsewhere made in this the Code:

(1) An officer appointment to fill any vacancy in an office of the executive department as defined in Section 1-1-110 occurring during a recess of the General Assembly. The term of such appointment shall be until the vacancy be filled by a general election or by the General Assembly in the mode manner provided by law.

(2) An officer appointment to fill any vacancy in a county office. The person so appointed shall hold office, in all cases in which the office is elective, until the next general election and until his successor shall qualify; and in the case of offices originally filled by appointment and not by election, until the adjournment of the session of the General Assembly next after such vacancy has occurred. The Governor may remove for cause any person so appointed by him under the provisions of this paragraph to fill any such vacancy.

(3) Members to fill any vacancy in the State Board of Corrections occurring during the recess of the General Assembly.

(4) (3) Proxies to represent the share of the State in the Cheraw and Coalfields Railroad Company and in the Cheraw and Salisbury Railroad Company.

(5) (4) The chief constable of the State, whensoever in his judgment any public emergency shall require it or when necessary to the due execution of legal process."

SECTION . Section 22-1-30 of the 1976 Code is amended to read:

"Section 22-1-30. Such magistrates A magistrate may be suspended or removed by order of the Governor Supreme Court pursuant to its rules for incapacity, misconduct, or neglect of duty. The Governor shall report any suspension, with the cause thereof, to the Senate at its next session, for its approval or disapproval." /

Renumber remaining SECTIONS to conform.

Amend title to conform.

Senator HOLLAND explained the amendment.

Senator HOLLAND moved that the amendment be adopted.

The amendment was adopted.

Senator HAYES proposed the following Amendment No. 2 (3043R004.RWH), which was tabled:

Amend the amendment bearing document number 3043R002.DHH by adding the following sentence at the end of Section 22-1-25:

/ Provided, however, any magistrate whose term expires in 1994 or 1995 who reaches the age of seventy-two before that time may continue to serve until the expiration of such term. /

Amend title to conform.

Senator HAYES explained the amendment.

Senator PEELER argued contra to the adoption of the amendment.

Senator PEELER moved to lay the amendment on the table.

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

Courtney Elliott Ford
Glover Holland Leatherman
Macaulay Martin Matthews
McConnell Mescher Mitchell
Moore Passailaigue Peeler
Reese Rose Setzler
Smith, G. Stilwell Williams

Bryan Cork Giese
Hayes Lander Leventis
O'Dell Ryberg Smith, J.V.
Thomas Waldrep Washington
Wilson

The amendment was laid on the table.

Debate was interrupted by the Joint Assembly.

At Twelve O'clock Noon the Senate appeared in the Hall of the House.

The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.

The Reading Clerk of the Senate read the Concurrent Resolution:
S. 783 -- Senators McConnell, Saleeby, Moore and Russell: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, JUNE 2, 1993, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 1 WHOSE TERM EXPIRES JUNE 30, 1993.

The PRESIDENT announced that nominations were in order to elect a successor to the Court of Appeals, Seat No. 1.

Senator McCONNELL, Chairman of the Judicial Screening Committee, stated that the Hon. Carol Connor, Mr. Ben A. Hagood, Jr., the Hon. Charles B. Simmons, Jr. and the Hon. Thomas E. Huff had been screened and found qualified.

On motion of Senator McCONNELL, the name of the Honorable William T. Howell was withdrawn from consideration.

On motion of Rep. Hallman, the name of Mr. Ben A. Hagood, Jr. was withdrawn from consideration.

On motion of Senator McCONNELL, the name of the Honorable Charles B. Simmons, Jr. was withdrawn from consideration.

Rep. Barber nominated the Hon. Carol Connor of Columbia, S.C., for the position of Judge of the Court of Appeals, Seat No. 1.

Senators MITCHELL, O'DELL, PATTERSON, LEVENTIS, WILLIAMS, LAND, MESCHER, GREG SMITH, CORK, McGILL, JACKSON, LANDER and WILSON and Representatives Cromer, Scott, Wilkes, Kennedy, Harvin, Harrelson, Richardson, McElveen, Martin, Witherspoon, Thomas, Wilder, Jennings, Snow, Moody-Lawrence, J. Bailey and Wright seconded the nomination.

Rep. Wilkins nominated the Hon. Thomas E. Huff of North Augusta, S.C., for the position of Judge of the Court of Appeals, Seat No. 1.

Senators MARTIN and DRUMMOND and Representatives Fulmer, Hallman, Young, Sharp, Gonzales, Waldrop, H. Brown, Clyborne, White, Haskell, Cato, Fair, Marchbanks, Wells, Wilder, Young, Cooper, Hudson, Littlejohn, Stone, Rudnick and Harrell seconded the nomination.

The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.

The following named Senators voted for Judge Connor:
Bryan Cork Courson
Courtney Giese Gregory
Hayes Holland Jackson
Land Lander Leatherman
Leventis McConnell McGill
Mescher Mitchell O'Dell
Passailaigue Patterson Rankin
Reese Richter Rose
Ryberg Saleeby Setzler
Short Smith, G. Waldrep
Washington Williams Wilson

The following named Senators voted for Rep. Huff:
Drummond Ford Macaulay
Martin Matthews Moore
Peeler Smith, J.V. Thomas

On motion of Rep. Tucker, with unanimous consent, the members of the House voted by electronic roll call.

The following named Representatives voted for Judge Connor:
Alexander, M.O. Anderson Askins
Bailey, G. Bailey, J. Barber
Baxley Boan Brown, G.
Byrd Canty Chamblee
Cromer Davenport Elliott
Farr Felder Gamble
Harrelson Harvin Houck
Jennings Kelley Kennedy
Keyserling Kinon Martin
Mattos McAbee McCraw
McElveen McLeod McMahand
McTeer Moody-Lawrence Neal
Neilson Richardson Riser
Rogers Scott Snow
Stille Thomas Waites
Wilder, D. Wilkes Witherspoon
Wright

The following named Representatives voted for Rep. Huff:
Alexander, T.C. Allison Baker
Beatty Breeland Brown, H.
Carnell Cato Clyborne
Cobb-Hunter Cooper Corning
Delleney Fair Fulmer
Gonzales Govan Graham
Hallman Harrell Harris, J.
Harris, P. Harrison Haskins
Hines Hodges Huff
Hutson Jaskwhich Kirsh
Klauber Koon Lanford
Law Littlejohn Marchbanks
McKay Meacham Phillips
Rhoad Robinson Rudnick
Sharpe Sheheen Simrill
Smith, R. Spearman Stoddard
Stone Stuart Sturkie
Townsend Trotter Tucker
Vaughn Waldrop Walker
Wells Whipper White
Wilder, J. Wilkins Williams
Wofford Young, A. Young, R.

Total Number of Senators voting 42
Total Number of Representatives voting 115
Grand Total 157
Necessary to a choice 79
Of which Judge Conner received 82
Of which Rep. Huff received 75

Whereupon, the PRESIDENT announced that the Honorable Carol Connor was duly elected Judge, Court of Appeals, Seat No. 1, for the term prescribed by law.

Immediately following the election of a successor to the Court of Appeals, Seat 1, the PRESIDENT announced that it had convened under the terms of a further Concurrent Resolution adopted by both Houses.

The Reading Clerk of the Senate read the Concurrent Resolution:

S. 775 -- Senators Wilson, Macaulay, Giese, Glover and Rankin: A CONCURRENT RESOLUTION TO FIX 12:00 O'CLOCK NOON, ON WEDNESDAY, JUNE 2, 1993, AS THE TIME FOR THE INITIAL ELECTION OF TRUSTEES OF COASTAL CAROLINA UNIVERSITY AND TO FILL VACANCIES CREATED BY THE EXPIRATION OF TERMS BY ELECTING A MEMBER OF THE BOARD OF VISITORS OF THE CITADEL, SIX MEMBERS OF THE BOARD OF TRUSTEES OF SOUTH CAROLINA STATE UNIVERSITY, AND THREE MEMBERS OF THE BOARD OF TRUSTEES OF THE WIL LOU GRAY OPPORTUNITY SCHOOL.

The PRESIDENT announced that nominations were in order for the Board of Trustees for Coastal Carolina University from the First Congressional District, Seat #1.

Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that Dr. James E. Dunn of Garden City, S.C., Dr. Elnora Sue Metzger of Charleston, S.C., and Mr. Clark Parker of Myrtle Beach, S.C., had been screened and found qualified.

The Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.

The following named Senators voted for Dr. Dunn:

The following named Senators voted for Dr. Metzger:
Ford Glover McConnell
Mescher Mitchell Washington

The following named Senators voted for Mr. Parker:
Bryan Cork Courson
Courtney Drummond Elliott
Giese Gregory Hayes
Holland Jackson Lander
Leatherman Macaulay Martin
Matthews McGill Moore
O'Dell Passailaigue Patterson
Peeler Rankin Reese
Rose Russell Ryberg
Saleeby Setzler Short
Smith, G. Smith, J.V. Stilwell
Thomas Waldrep Williams
Wilson

On motion of Rep. Tucker, with unanimous consent, the Members of the House voted by electronic roll call.

The following named Representatives voted for Dr. Dunn:
Graham

The following named Representatives voted for Dr. Metzger:
Bailey, J. Breeland Brown, H.
Byrd Cobb-Hunter Cromer
Davenport Gamble Harrell
Holt Inabinett Kirsh
Moody-Lawrence Scott Shissias
Stuart Whipper White
Wilkins Williams Wofford

The following named Representatives voted for Mr. Parker:
Alexander, M.O. Alexander, T.C. Allison
Anderson Askins Bailey, G.
Baker Baxley Boan
Brown, G. Canty Carnell
Cato Chamblee Clyborne
Corning Delleney Elliott
Felder Fulmer Gonzales
Hallman Harrelson Harris, J.
Harris, P. Harrison Harvin
Haskins Hines Houck
Hutson Jennings Keegan
Kelley Kennedy Keyserling
Kinon Koon Lanford
Law Littlejohn Marchbanks
Martin Mattos McAbee
McCraw McElveen McKay
McLeod McMahand Meacham
Neilson Phillips Quinn
Rhoad Richardson Riser
Rudnick Sharpe Sheheen
Simrill Smith, D. Smith, R.
Snow Spearman Stille
Stoddard Stone Sturkie
Thomas Townsend Trotter
Tucker Vaughn Waldrop
Walker Wilder, D. Wilder, J.
Wilkes Witherspoon Worley
Young, A. Young, R.

Total Number of Senators voting 43
Total Number of Representatives voting 105
Grand Total 148
Necessary to a choice 75
Of which Dr. Dunn received 1
Of which Dr. Metzger received 27
Of which Mr. Parker received 120

Whereupon, the PRESIDENT announced that the Honorable Clark Parker was duly elected to the Board of Trustees for Coastal Carolina University from the First Congressional District, Seat #1, for the term prescribed by law.

The PRESIDENT announced that nominations were in order for the Board of Trustees for Coastal Carolina University from the First Congressional District, Seat #2.

Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that Mr. James J. Johnson of Conway, S.C., and Mr. Robert D. Wilson of Georgetown, S.C., had been screened and found qualified.

The Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.

The following named Senators voted for Mr. Johnson:
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
Rose Russell Ryberg
Saleeby Setzler Short
Smith, G. Smith, J.V. Stilwell
Thomas Washington Williams
Wilson

The following named Senators voted for Mr. Wilson:
Waldrep

On motion of Rep. Tucker, with unanimous consent, the Members of the House voted by electronic roll call.

The following named Representatives voted for Mr. Johnson:
Alexander, M.O. Alexander, T.C. Allison
Anderson Askins Bailey, G.
Bailey, J. Baker Barber
Baxley Beatty Boan
Breeland Brown, G. Brown, H.
Byrd Canty Carnell
Cato Chamblee Clyborne
Cobb-Hunter Cooper Corning
Cromer Davenport Delleney
Elliott Fair Farr
Fulmer Gonzales Govan
Hallman Harrell Harrelson
Harris, J. Harris, P. Harrison
Harvin Haskins Hines
Holt Houck Hutson
Inabinett Jennings Keegan
Kelley Kennedy Keyserling
Kinon Kirsh Koon
Lanford Littlejohn Marchbanks
Martin Mattos McAbee
McCraw McElveen McKay
McLeod McMahand Meacham
Moody-Lawrence Neal Neilson
Phillips Quinn Rhoad
Riser Rogers Rudnick
Scott Sharpe Sheheen
Shissias Simrill Smith, D.
Smith, R. Snow Spearman
Stille Stoddard Stone
Sturkie Townsend Trotter
Tucker Vaughn Waites
Waldrop Walker Wells
Whipper White Wilder, D.
Wilder, J. Wilkes Wilkins
Williams Witherspoon Wofford
Worley Wright Young, A.
Young, R.

The following named Representatives voted for Mr. Wilson:
Gamble Graham Stuart
Thomas

Total Number of Senators voting 44
Total Number of Representatives voting 113
Grand Total 157
Necessary to a choice 79
Of which Mr. Johnson received 152
Of which Mr. Wilson received 5

Whereupon, the PRESIDENT announced that the Honorable James J. Johnson was duly elected to the Board of Trustees for Coastal Carolina University from the First Congressional District, Seat #2, for the term prescribed by law.

The PRESIDENT announced that nominations were in order for the Board of Trustees for Coastal Carolina University from the Second Congressional District, Seat #3.

Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that Mr. M. Craig Garner, Jr. of Columbia, S.C., and Mr. Oran P. Smith of Columbia, S.C., had been screened and found qualified.

On motion of Rep. Stoddard, the name of Mr. M. Craig Garner, Jr. was withdrawn from consideration.

Senator J. VERNE SMITH nominated Mr. Oran P. Smith and moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Oran P. Smith was duly elected to the Board of Trustees for Coastal Carolina University from the Second Congressional District, Seat #3, for the term prescribed by law.

The PRESIDENT announced that nominations were in order for the Board of Trustees for Coastal Carolina University from the Second Congressional District, Seat #4.

Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that Ms. Lynn Adams Grieb of Gilbert, S.C., Mr. James F. Kane of Columbia, S.C., and Walter P. Witherspoon, Jr., D.D.S. of West Columbia, S.C., had been screened and found qualified.

On motion of Rep. Stoddard, the name of Lynn Adams Grieb was withdrawn from consideration.

The Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.

The following named Senators voted for Mr. Kane:
Bryan Cork Elliott
Ford Giese Glover
Gregory Holland Jackson
Land Leatherman Leventis
Martin Matthews McConnell
McGill Mescher Mitchell
Moore O'Dell Passailaigue
Patterson Rankin Reese
Richter Saleeby Short
Smith, G. Washington Williams

The following named Senators voted for Dr. Witherspoon:
Courson Drummond Hayes
Lander Macaulay Peeler
Rose Russell Ryberg
Setzler Smith, J.V. Stilwell
Thomas Waldrep Wilson

On motion of Rep. Tucker, with unanimous consent, the Members of the House voted by electronic roll call.

The following named Representatives voted for Mr. Kane:
Alexander, M.O. Alexander, T.C. Allison
Anderson Barber Baxley
Beatty Boan Breeland
Brown, G. Byrd Canty
Cato Chamblee Cobb-Hunter
Cromer Delleney Farr
Fulmer Govan Hallman
Harrell Harrelson Harris, P.
Harrison Harvin Hines
Holt Houck Hutson
Inabinett Jennings Kelley
Kennedy Keyserling Kinon
Kirsh Lanford Mattos
McAbee McElveen McKay
McLeod Neal Neilson
Phillips Rhoad Richardson
Robinson Rogers Rudnick
Sheheen Shissias Smith, D.
Smith, R. Stille Stoddard
Stone Thomas Townsend
Trotter Tucker Waites
Walker Whipper White
Wilder, D. Wilder, J. Wilkes
Williams Worley

The following named Representatives voted for Dr. Witherspoon:
Askins Bailey, G. Baker
Brown, H. Carnell Clyborne
Cooper Corning Davenport
Elliott Fair Felder
Gamble Gonzales Graham
Harris, J. Haskins Keegan
Klauber Koon Law
Littlejohn Marchbanks McCraw
McMahand Meacham Moody-Lawrence
Quinn Riser Scott
Sharpe Simrill Spearman
Stuart Sturkie Vaughn
Waldrop Wells Wilkins
Witherspoon Wofford Young, A.
Young, R.

Total Number of Senators voting 45
Total Number of Representatives voting 114
Grand Total 159
Necessary to a choice 80
Of which Mr. Kane received 101
Of which Dr. Witherspoon received 58

Whereupon, the PRESIDENT announced that the Honorable James F. Kane was duly elected to the Board of Trustees for Coastal Carolina University from the Second Congressional District, Seat #4, for the term prescribed by law.

The PRESIDENT announced that nominations were in order for the Board of Trustees for Coastal Carolina University from the Third Congressional District, Seat #5.

Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that Mr. Payne Henderson (Hank) Barnette, Jr. of Greenwood, S.C., and Mr. Bradley L. Jordan of Anderson, S.C., had been screened and found qualified.

On motion of Rep. Stoddard, the name of Mr. Bradley L. Jordan was withdrawn from consideration.

On motion of Rep. Stoddard, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Payne Henderson (Hank) Barnette, Jr. was duly elected to the Board of Trustees for Coastal Carolina University from the Third Congressional District, Seat #4, for the term prescribed by law.

The PRESIDENT announced that nominations were in order for the Board of Trustees for Coastal Carolina University from the Third Congressional District, Seat #6.

Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that Ms. Suzanne E. Earle of Walhalla, S.C., Mr. William L. Lyles, Jr. of Anderson, S.C., and Mr. Larry A. Jackson of Greenwood, S.C., had been screened and found qualified.

On motion of Rep. Stoddard, the names of Mr. Larry A. Jackson and Ms. Suzanne E. Earle were withdrawn from consideration.

On motion of Rep. Stoddard, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable William L. Lyles, Jr. was duly elected to the Board of Trustees for Coastal Carolina University from the Third Congressional District, Seat #6, for the term prescribed by law.

The PRESIDENT announced that nominations were in order for the Board of Trustees for Coastal Carolina University from the Fourth Congressional District, Seat #7.

Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that Mr. James S. Barrett of Spartanburg, S.C., James D. Martin, Jr., Ph.D. of Greenville, S.C., and Ms. Elaine W. Marks of Spartanburg, S.C., had been screened and found qualified.

The Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.

The following named Senators voted for Mr. Barrett:
Martin

The following named Senators voted for Mr. Martin:
Cork Courson Drummond
Giese Gregory Hayes
Peeler Richter Ryberg
Smith, J.V. Stilwell Thomas
Waldrep Wilson

The following named Senators voted for Ms. Marks:
Bryan Courtney Elliott
Ford Glover Holland
Jackson Land Lander
Leatherman Leventis Macaulay
Matthews McConnell McGill
Mescher Mitchell Moore
O'Dell Passailaigue Patterson
Rankin Reese Rose
Russell Saleeby Setzler
Short Smith, G. Washington
Williams

On motion of Rep. Tucker, with unanimous consent, the Members of the House voted by electronic roll call.

The following named Representatives voted for Mr. Barrett:
Askins Littlejohn Trotter
Tucker

The following named Representatives voted for Mr. Martin:
Alexander, M.O. Alexander, T.C. Allison
Anderson Baker Cato
Clyborne Corning Davenport
Fair Fulmer Gamble
Gonzales Graham Harris, J.
Harrison Haskins Hines
Hutson Keegan Kinon
Kirsh Koon Lanford
Marchbanks Mattos McMahand
Meacham Quinn Richardson
Riser Robinson Sharpe
Simrill Smith, D. Smith, R.
Stille Stone Stuart
Sturkie Thomas Townsend
Vaughn Waldrop Walker
Wells Wilkins Young, A.

The following named Representatives voted for Ms. Marks:
Bailey, J. Barber Baxley
Beatty Boan Breeland
Brown, H. Byrd Canty
Carnell Chamblee Cobb-Hunter
Cooper Cromer Delleney
Elliott Farr Felder
Govan Harrell Harrelson
Harris, P. Harvin Harwell
Holt Houck Inabinett
Kelley Kennedy Keyserling
Klauber Law Martin
McAbee McCraw McElveen
McLeod Moody-Lawrence Neal
Neilson Phillips Rhoad
Rogers Rudnick Scott
Sheheen Shissias Snow
Spearman Stoddard Waites
Waldrop Whipper White
Wilder, D. Wilder, J. Wilkes
Williams Witherspoon Wofford
Worley Wright

Total Number of Senators voting 46
Total Number of Representatives voting 114
Grand Total 160
Necessary to a choice 81
Of which Mr. Barrett received 5
Of which Mr. Martin received 62
Of which Ms. Marks received 93

Whereupon, the PRESIDENT announced that the Honorable Elaine W. Marks was duly elected to the Board of Trustees for Coastal Carolina University from the Fourth Congressional District, Seat #7, for the term prescribed by law.

The PRESIDENT announced that nominations were in order for the Board of Trustees for Coastal Carolina University from the Fourth Congressional District, Seat #8.

Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that Mr. Alex Kiriakides, III of Greenville, S.C. and Mr. Keith Smith of Greer, S.C., had been screened and found qualified.

The Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.

The following named Senators voted for Mr. Kiriakides:
Cork Courson Courtney
Leventis Macaulay Moore
Peeler Richter Ryberg
Setzler Stilwell Thomas
Williams Wilson

The following named Senators voted for Mr. Smith:
Bryan Drummond Elliott
Ford Giese Glover
Hayes Holland Jackson
Land Lander Leatherman
Martin Matthews McConnell
McGill Mitchell O'Dell
Passailaigue Patterson Rankin
Reese Rose Russell
Saleeby Short Smith, G.
Smith, J.V. Waldrep Washington

On motion of Rep. Tucker, with unanimous consent, the Members of the House voted by electronic roll call.

The following named Representatives voted for Mr. Kiriakides:
Alexander, M.O. Anderson Askins
Baker Barber Baxley
Beatty Brown, H. Clyborne
Corning Davenport Fair
Felder Fulmer Gamble
Gonzales Govan Graham
Hallman Harrell Harris, J.
Harrison Harvin Harwell
Haskins Houck Huff
Jennings Keegan Kelley
Kinon Kirsh Klauber
Koon Littlejohn Marchbanks
McMahand Meacham Moody-Lawrence
Quinn Richardson Riser
Robinson Rudnick Scott
Shissias Simrill Spearman
Stille Stuart Sturkie
Thomas Townsend Walker
Wells Wilkins Witherspoon
Wofford Wright Young, A.

The following named Representatives voted for Mr. Smith:
Alexander, T.C. Allison Bailey, G.
Bailey, J. Boan Brown, G.
Byrd Canty Carnell
Cato Chamblee Cooper
Farr Harris, P. Hines
Holt Huff Hutson
Inabinett Kennedy Keyserling
Lanford Law Martin
Mattos McCraw McLeod
Neal Neilson Phillips
Rhoad Rogers Sheheen
Smith, R. Snow Stoddard
Stone Trotter Tucker
Vaughn Waites Waldrop
Whipper Wilder, D. Wilder, J.
Wilkes Williams Worley

Total Number of Senators voting 44
Total Number of Representatives voting 108
Grand Total 152
Necessary to a choice 77
Of which Mr. Kiriakides received 74
Of which Mr. Smith received 78

Whereupon, the PRESIDENT announced that the Honorable Keith Smith was duly elected to the Board of Trustees for Coastal Carolina University from the Fourth Congressional District, Seat #8, for the term prescribed by law.

The PRESIDENT announced that nominations were in order for the Board of Trustees for Coastal Carolina University from the Fifth Congressional District, Seat #9.

Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that Ms. Evelyn F. Howe of Gaffney, S.C., Ms. Genova McFadden of Hartsville, S.C., and Ms. Juli S. Powers of Clio, S.C., had been screened and found qualified.

On motion of Rep. Stoddard, the names of Ms. Evelyn F. Howe and Ms. Genova McFadden were withdrawn from consideration.

On motion of Rep. Stoddard, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Juli S. Powers was duly elected to the Board of Trustees for Coastal Carolina University from the Fifth Congressional District, Seat #9, for the term prescribed by law.

The PRESIDENT announced that nominations were in order for the Board of Trustees for Coastal Carolina University from the Fifth Congressional District, Seat #10.

Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that Mr. Robert D. Brown of Camden, S.C., had been screened and found qualified.

On motion of Rep. Stoddard, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Robert D. Brown was duly elected to the Board of Trustees for Coastal Carolina University from the Fifth Congressional District, Seat #10, for the term prescribed by law.

The PRESIDENT announced that nominations were in order for the Board of Trustees for Coastal Carolina University from the Sixth Congressional District, Seat #11.

Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that Mr. William H. Chandler of Hemingway, S.C., and Mr. Fred F. Dubard, Jr. of Florence, S.C., had been screened and found qualified.

The Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.

The following named Senators voted for Mr. Chandler:
Bryan Elliott McConnell
McGill Mitchell Russell
Stilwell Williams

The following named Senators voted for Mr. Dubard:
Cork Courson Courtney
Drummond Ford Giese
Glover Gregory Hayes
Holland Jackson Land
Lander Leatherman Leventis
Macaulay Martin Matthews
Mescher Moore O'Dell
Patterson Peeler Rankin
Reese Richter Rose
Ryberg Saleeby Setzler
Short Smith, G. Smith, J.V.
Thomas Waldrep Washington
Wilson

On motion of Rep. Tucker, with unanimous consent, the Members of the House voted by electronic roll call.

The following named Representatives voted for Mr. Chandler:
Alexander, T.C. Anderson Askins
Bailey, J. Barber Breeland
Brown, G. Brown, H. Clyborne
Cooper Fair Felder
Gamble Gonzales Graham
Harrell Harrelson Harris, P.
Harvin Haskins Holt
Hutson Inabinett Kelley
Kennedy Keyserling Law
Littlejohn McAbee McCraw
McElveen McLeod Neal
Rhoad Richardson Robinson
Scott Sheheen Snow
Stoddard Stuart Thomas
Townsend Trotter Vaughn
Walker Wells Whipper
Wilder, J. Williams Witherspoon
Young, R.

The following named Representatives voted for Mr. Dubard:
Alexander, M.O. Bailey, G. Baker
Baxley Beatty Boan
Canty Carnell Chamblee
Corning Cromer Davenport
Delleney Elliott Fulmer
Hallman Harris, J. Harrison
Harwell Hines Houck
Huff Jennings Keegan
Kinon Kirsh Klauber
Koon Marchbanks Martin
Mattos McKay McMahand
Neilson Phillips Quinn
Riser Rudnick Shissias
Simrill Smith, D. Spearman
Stille Stone Sturkie
Tucker Waites Waldrop
Wilder, D. Wilkes Wilkins
Wofford Worley Young, A.

Total Number of Senators voting 45
Total Number of Representatives voting 106
Grand Total 151
Necessary to a choice 76
Of which Mr. Chandler received 60
Of which Mr. Dubard received 91

Whereupon, the PRESIDENT announced that the Honorable Fred F. Dubard, Jr. was duly elected to the Board of Trustees for Coastal Carolina University from the Sixth Congressional District, Seat #11, for the term prescribed by law.

The PRESIDENT announced that nominations were in order for the Board of Trustees for Coastal Carolina University from the Sixth Congressional District, Seat #12.

Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that Ms. Cathy B. Harvin of Summerton, S.C., had been screened and found qualified.

On motion of Rep. Stoddard, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Cathy B. Harvin was duly elected to the Board of Trustees for Coastal Carolina University from the Sixth Congressional District, Seat #12, for the term prescribed by law.

The PRESIDENT announced that nominations were in order for the Board of Trustees for Coastal Carolina University from the At-Large District, Seat #13.

Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that Mr. Franklin Burroughs of Conway, S.C., had been screened and found qualified.

On motion of Rep. Stoddard, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable H. Franklin Burroughs was duly elected to the Board of Trustees for Coastal Carolina University from the At-Large District, Seat #13, for the term prescribed by law.

The PRESIDENT announced that nominations were in order for the Board of Trustees for Coastal Carolina University from the At-Large District, Seat #14.

Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that Mr. J. Egerton Burroughs of Conway, S.C., Mr. Fred C. Fore of Murrells Inlet, S.C., Mr. Dean P. Hudson of Conway, S.C., and Mr. David Bomar Smith of Conway, S.C., and Mr. Robert Lee Rabon of Conway, S.C., had been screened and found qualified.

On motion of Rep. Stoddard, the names of Mr. Fred C. Fore and Mr. Robert Lee Rabon were withdrawn from consideration.

The Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.

The following named Senators voted for Mr. Burroughs:

The following named Senators voted for Mr. Hudson:
Bryan Cork Courtney
Drummond Ford Gregory
Hayes Holland Jackson
Land Lander Leatherman
Macaulay Martin McGill
Mescher Mitchell Moore
O'Dell Patterson Peeler
Rankin Reese Saleeby
Setzler Short Smith, G.
Smith, J.V. Waldrep Washington
Williams

The following named Senators voted for Mr. Smith:
Courson Giese Glover
Leventis Matthews McConnell
Rose Russell Ryberg
Stilwell Thomas Wilson

On motion of Rep. Tucker, with unanimous consent, the Members of the House voted by electronic roll call.

The following named Representatives voted for Mr. Burroughs:

The following named Representatives voted for Mr. Hudson:
Alexander, M.O. Alexander, T.C. Anderson
Bailey, G. Bailey, J. Barber
Baxley Beatty Boan
Breeland Byrd Cobb-Hunter
Corning Davenport Delleney
Elliott Govan Graham
Harrell Harrelson Harris, J.
Harwell Hines Hodges
Holt Houck Hutson
Inabinett Kelley Keyserling
Kirsh Koon Law
Martin Mattos McAbee
McKay McMahand Neal
Phillips Rogers Rudnick
Scott Sheheen Shissias
Smith, D. Snow Stille
Stoddard Tucker Waites
Waldrop Walker Whipper
White Wilder, J. Wilkes
Williams Witherspoon

The following named Representatives voted for Mr. Smith:
Askins Baker Brown, G.
Brown, H. Carnell Cato
Chamblee Clyborne Cooper
Cromer Fair Felder
Fulmer Gamble Gonzales
Hallman Harris, P. Harrison
Harvin Haskins Jennings
Keegan Kinon Klauber
Lanford Littlejohn Marchbanks
McCraw McLeod Meacham
Quinn Rhoad Richardson
Riser Robinson Simrill
Smith, R. Stone Stuart
Sturkie Thomas Townsend
Trotter Vaughn Wilder, D.
Wofford Worley Wright
Young, A. Young, R.

Total Number of Senators voting 43
Total Number of Representatives voting 109
Grand Total 152
Necessary to a choice 77
Of which Mr. Burroughs received 0
Of which Mr. Hudson received 90
Of which Mr. Smith received 62

Whereupon, the PRESIDENT announced that the Honorable Dean P. Hudson was duly elected to the Board of Trustees for Coastal Carolina University from the At-Large District, Seat #14, for the term prescribed by law.

The PRESIDENT announced that nominations were in order for the Board of Trustees for Coastal Carolina University from the At-Large District, Seat #15.

Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that Mr. Edwin Craig Wall, Jr. of Conway, S.C., had been screened and found qualified.

On motion of Rep. Stoddard, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Edwin Craig Wall, Jr. was duly elected to the Board of Trustees for Coastal Carolina University from the At-Large District, Seat #15, for the term prescribed by law.

The PRESIDENT announced that nominations were in order for the Board of Trustees for South Carolina State University from the First Congressional District, Seat #1.

Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that Mr. Gedney M. Howe, III of Charleston, S.C., had been screened and found qualified.

On motion of Rep. Stoddard, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Gedney M. Howe, III was duly elected to the Board of Trustees for Coastal Carolina University from the First Congressional District, Seat #1, for the term prescribed by law.

The PRESIDENT announced that nominations were in order for the Board of Trustees for South Carolina State University from the Second Congressional District, Seat #2.

Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that Ms. Bernice S. Gill of Allendale, S.C., Mr. Sam Glover of Columbia, S.C., Mr. Tony Grant of Columbia, S.C., and Carolyn McIver Smith, Ph.D. of Columbia, S.C., had been screened and found qualified.

On motion of Rep. Stoddard, the names of Ms. Bernice S. Gill and Carolyn McIver Smith were withdrawn from consideration.

The Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.

The following named Senators voted for Mr. Glover:
Bryan Giese Lander
Leventis Macaulay Martin
Williams Wilson

The following named Senators voted for Mr. Grant:
Cork Courson Courtney
Elliott Ford Glover
Gregory Hayes Holland
Jackson Land Leatherman
Matthews McConnell McGill
Mescher Mitchell Moore
O'Dell Patterson Peeler
Rankin Reese Rose
Russell Ryberg Saleeby
Setzler Short Smith, G.
Smith, J.V. Stilwell Thomas
Waldrep Washington

On motion of Rep. Tucker, with unanimous consent, the Members of the House voted by electronic roll call.

The following named Representatives voted for Mr. Glover:
Alexander, M.O. Alexander, T.C. Anderson
Breeland Brown, G. Byrd
Canty Chamblee Clyborne
Corning Elliott Farr
Felder Gamble Gonzales
Govan Graham Harrell
Harvin Harwell Haskins
Holt Hutson Keegan
Kelley Keyserling Kinon
Kirsh Koon Littlejohn
Marchbanks Martin McAbee
McCraw McMahand Neilson
Phillips Riser Robinson
Rudnick Scott Shissias
Simrill Snow Stille
Stoddard Stuart Sturkie
Thomas Townsend Tucker
Vaughn Walker Wilder, D.
Wilkes Wilkins Witherspoon
Wright

The following named Representatives voted for Mr. Grant:
Askins Bailey, G. Baker
Baxley Boan Brown, H.
Cobb-Hunter Cromer Davenport
Delleney Fair Harrelson
Harris, J. Harris, P. Harrison
Hines Houck Huff
Inabinett Jennings Keegan
Klauber Law Mattos
McElveen McKay Meacham
Moody-Lawrence Neal Quinn
Rhoad Richardson Rogers
Sheheen Smith, D. Smith, R.
Spearman Stone Waites
Waldrop Whipper White
Wilder, J. Williams Wofford
Worley Young, A.

Total Number of Senators voting 43
Total Number of Representatives voting 105
Grand Total 148
Necessary to a choice 75
Of which Mr. Glover received 66
Of which Mr. Grant received 82

Whereupon, the PRESIDENT announced that the Honorable Tony Grant was duly elected to the Board of Trustees for South Carolina State University from the Second Congressional District, Seat #2, for the term prescribed by law.

The PRESIDENT announced that nominations were in order for the Board of Trustees for South Carolina State University from the Third Congressional District, Seat #3.

Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that Mr. Charles Lewis of Anderson, S.C., had been screened and found qualified.

On motion of Rep. Stoddard, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Charles Lewis was duly elected to the Board of Trustees for Coastal Carolina University from the Third Congressional District, Seat #3, for the term prescribed by law.

The PRESIDENT announced that nominations were in order for the Board of Trustees for South Carolina State University from the Fourth Congressional District, Seat #4.

Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that Ms. Kathy Edwards Bell of Spartanburg, S.C., James Luther Bullard, Ph.D. of Taylors, S.C., and Ms. Vanessa Stuckey of Greenville, S.C., had been screened and found qualified.

On motion of Rep. Stoddard, the names of Ms. Kathy Edwards Bell and Ms. Vanessa Stuckey were withdrawn from consideration.

On motion of Rep. Stoddard, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable James Luther Bullard was duly elected to the Board of Trustees for South Carolina State University from the Fourth Congressional District, Seat #4, for the term prescribed by law.

The PRESIDENT announced that nominations were in order for the Board of Trustees for South Carolina State University from the Fifth Congressional District, Seat #5.

Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that Ms. Doris Gathings Johnson of Rock Hill, S.C., Ms. Patricia M. Henegan of Bennettsville, S.C., Ms. Dorothy Jean Killian of Rock Hill, S.C., Ms. Cheryl S. McFadden of Rock Hill, S.C., Mr. J.E. Pendergrass of Rock Hill, S.C., Dr. J.W. Sanders of Gaffney, S.C., and Ms. Gloria Scott of Newberry, S.C., had been screened and found qualified.

Rep. Olin Phillips seconded the nomination of Dr. Sanders.

On motion of Rep. Stoddard, the names of Mr. J.E. Pendergrass, Ms. Doris G. Johnson, Ms. Patricia Henegan, and Ms. Gloria Scott were withdrawn from consideration.

The Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.

The following named Senators voted for Ms. Killian:
Hayes Short

The following named Senators voted for Ms. McFadden:

The following named Senators voted for Dr. Sanders:
Bryan Cork Courson
Courtney Elliott Ford
Giese Glover Holland
Jackson Land Lander
Leatherman Macaulay Martin
Matthews McConnell McGill
Mescher Mitchell Moore
O'Dell Patterson Peeler
Rankin Reese Rose
Russell Ryberg Saleeby
Setzler Smith, G. Smith, J.V.
Stilwell Thomas Waldrep
Washington Wilson

On motion of Rep. Tucker, with unanimous consent, the Members of the House voted by electronic roll call.

The following named Representatives voted for Ms. Killian:
Moody-Lawrence Simrill

The following named Representatives voted for Ms. McFadden:

The following named Representatives voted for Dr. Sanders:
Alexander, M.O. Alexander, T.C. Allison
Anderson Askins Bailey, G.
Baker Barber Baxley
Beatty Boan Breeland
Brown, H. Byrd Canty
Carnell Cato Chamblee
Clyborne Cobb-Hunter Cooper
Corning Davenport Delleney
Elliott Fair Farr
Felder Fulmer Gamble
Gonzales Graham Harrell
Harrelson Harris, J. Harris, P.
Harrison Harvin Harwell
Haskins Hines Holt
Houck Huff Hutson
Inabinett Jennings Keegan
Kelley Kennedy Keyserling
Kinon Kirsh Klauber
Koon Lanford Law
Littlejohn Marchbanks Martin
Mattos McAbee McCraw
McElveen McKay McLeod
McMahand Meacham Neal
Neilson Phillips Rhoad
Richardson Riser Robinson
Rogers Rudnick Scott
Sheheen Shissias Smith, D.
Smith, R. Snow Spearman
Stille Stoddard Stone
Stuart Sturkie Thomas
Townsend Trotter Tucker
Vaughn Waites Waldrop
Walker Wells Whipper
White Wilder, D. Wilder, J.
Wilkes Wilkins Williams
Witherspoon Wofford Worley
Wright Young, A.

Total Number of Senators voting 40
Total Number of Representatives voting 112
Grand Total 152
Necessary to a choice 77
Of which Ms. Killian received 4
Of which Ms. McFadden received 0
Of which Dr. Sanders received 148

Whereupon, the PRESIDENT announced that the Honorable J. W. Sanders was duly elected to the Board of Trustees for South Carolina State University from the Fifth Congressional District, Seat #5, for the term prescribed by law.

The PRESIDENT announced that nominations were in order for the Board of Trustees for South Carolina State University from the At-Large District, Seat #11.

Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that Mr. Arnold Collins of Charleston, S.C., Mr. Warren A. Darby of Columbia, S.C., Ms. Jannette L. Henry of Winnsboro, S.C., Ms. Helen R. Wilsford of Orangeburg, S.C., Dr. Thomas J. Wilson of Timmonsville, S.C., and Gilbert "GiGi" Zimmerman of Beaufort, S.C., had been screened and found qualified.

On motion of Rep. Stoddard, the names of Mr. Arnold Collins, Ms. Jannette Henry and Mr. Gilbert Zimmerman were withdrawn from consideration.

The Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.

The following named Senators voted for Mr. Darby:
Bryan Courson Courtney
Elliott Ford Giese
Glover Gregory Hayes
Holland Jackson Land
Lander Leatherman Macaulay
Martin Matthews McConnell
McGill Mescher Mitchell
Moore O'Dell Patterson
Peeler Rankin Reese
Rose Russell Ryberg
Saleeby Setzler Short
Smith, G. Smith, J.V. Stilwell
Thomas Waldrep Washington
Wilson

The following named Senators voted for Ms. Wilsford:

The following named Senators voted for Dr. Wilson:

On motion of Rep. Tucker, with unanimous consent, the Members of the House voted by electronic roll call.

The following named Representatives voted for Mr. Darby:
Alexander, M.O. Alexander, T.C. Allison
Anderson Bailey, G. Baker
Barber Baxley Beatty
Boan Breeland Brown, H.
Byrd Carnell Cato
Chamblee Clyborne Cobb-Hunter
Cooper Corning Davenport
Delleney Elliott Fair
Farr Felder Fulmer
Gamble Gonzales Graham
Harrell Harrelson Harris, J.
Harris, P. Harrison Harvin
Harwell Haskins Hines
Holt Houck Hutson
Inabinett Jennings Keegan
Kelley Kinon Kirsh
Klauber Koon Lanford
Law Littlejohn Marchbanks
Mattos McAbee McCraw
McElveen McLeod McMahand
Meacham Moody-Lawrence Neal
Neilson Phillips Rhoad
Richardson Riser Robinson
Rudnick Scott Sheheen
Shissias Simrill Smith, R.
Snow Spearman Stille
Stoddard Stone Thomas
Townsend Trotter Tucker
Vaughn Waites Waldrop
Walker Wells Whipper
White Wilder, D. Wilder, J.
Wilkes Wilkins Williams
Wofford Worley Wright
Young, A.

The following named Representatives voted for Ms. Wilsford:
Govan Rogers Stuart

The following named Representatives voted for Dr. Wilson:
Askins Canty Keyserling
McKay

Total Number of Senators voting 40
Total Number of Representatives voting 107
Grand Total 147
Necessary to a choice 74
Of which Mr. Darby received 140
Of which Ms. Wilsford received 3
Of which Dr. Wilson received 4

Whereupon, the PRESIDENT announced that the Honorable Warren A. Darby was duly elected to the Board of Trustees for South Carolina State University from the At-Large District, Seat #11, for the term prescribed by law.

The PRESIDENT announced that nominations were in order for the Board of Trustees to The Citadel from the At-Large District.

Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that Mr. John A. McAllister, Jr. of Charleston, S.C., had been screened and found qualified.

On motion of Rep. Stoddard, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable John A. McAllister, Jr. was duly elected to the Board of Trustees to The Citadel from the At-Large District for the term prescribed by law.

The PRESIDENT announced that nominations were in order for the Board of Trustees to the Wil Lou Gray Opportunity School for three At-Large Seats.

Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, stated that Ms. Clotilda D. Diggs of Florence, S.C., Mr. Frank Hart of Marion, S.C., and Ms. Elizabeth Thrailkill of Fort Lawn, S.C., had been screened and found qualified.

On motion of Rep. Stoddard, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Clotilda D. Diggs, the Honorable Frank Hart, and the Honorable Elizabeth Thrailkill were duly elected to the Board of Trustees to the Wil Lou Gray Opportunity School for the three At-Large Seats for the term prescribed by law.

The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared the Joint Assembly duly and regularly adjourned, whereupon the Senate returned to its Chamber and was called to order by the PRESIDENT.

At 2:20 P.M., the Senate resumed and was called to order by the PRESIDENT.

At 2:20 P.M., on motion of Senator DRUMMOND, the Senate receded from business until 3:30 P.M.

The Senate reassembled at 3:50 P.M. and was called to order by the PRESIDENT.

At 2:25 P.M., Senator REESE requested a leave of absence from 3:00-12:00 Midnight.

I asked for leave today from 3 P.M. until Midnight so that I might attend my daughter's high school graduation ceremony and spend time with my family and loved ones on this very special day.

At 3:55 P.M., Senator SETZLER requested a leave of absence beginning at 7:00 P.M. until 9:00 A.M. Thursday, June 3, 1993.

Columbia, S.C., June 1, 1993

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on:
S. 329 -- Senators Setzler, Bryan, Moore, Washington, Matthews, Stilwell, Patterson, Land, Lander, Rankin, Martin, Giese and Short: A BILL TO ENACT THE EARLY CHILDHOOD DEVELOPMENT AND ACADEMIC ASSISTANCE ACT OF 1993 BY AMENDING TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 139 SO AS TO PROVIDE FOR CERTAIN EARLY CHILDHOOD DEVELOPMENT AND ACADEMIC ASSISTANCE; BY AMENDING SECTION 59-1-450, RELATING TO PARENT EDUCATION PROGRAMS, SO AS TO REVISE THE PROGRAMS AND THE MANNER IN WHICH THEY ARE ESTABLISHED AND FUNDED; TO AMEND SECTION 59-5-65, RELATING TO THE POWERS AND RESPONSIBILITIES OF THE STATE BOARD OF EDUCATION, SO AS TO REVISE THESE POWERS AND RESPONSIBILITIES IN REGARD TO DEVELOPING CERTAIN ONE-HALF DAY EARLY CHILDHOOD DEVELOPMENT PROGRAMS FOR FOUR-YEAR-OLD CHILDREN, AND DELETE CERTAIN REQUIREMENTS PERTAINING TO COMPENSATORY AND REMEDIAL INSTRUCTION PROGRAMS; BY AMENDING SECTION 59-20-40, RELATING TO THE DETERMINATION OF ANNUAL ALLOCATIONS TO SCHOOL DISTRICTS, SO AS TO REVISE THE WEIGHTINGS USED FOR EARLY CHILDHOOD DEVELOPMENT AND ASSISTANCE, AND DELETE CERTAIN FUNDING REQUIREMENTS FOR COMPENSATORY AND REMEDIAL PROGRAMS; BY AMENDING SECTION 59-3-90, RELATING TO IN-SERVICE TRAINING PROGRAMS FOR TEACHERS, SO AS TO INCLUDE REFERENCES TO EARLY CHILDHOOD DEVELOPMENT AND ASSISTANCE TRAINING; BY AMENDING SECTION 59-19-340, RELATING TO CHILD DEVELOPMENT PROGRAMS FOR THREE AND FOUR-YEAR-OLD CHILDREN, SO AS TO FURTHER PROVIDE FOR THESE PROGRAMS; AND REPEALING SECTIONS 59-65-410 THROUGH 59-65-460, RELATING TO DROP-OUT PREVENTION AND RECOVERY PROGRAMS.
The Report of the Committee of Conference having been adopted by both Houses, and the Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 1, 1993

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. Rogers, Kirsh and McAbee of the Committee of Free Conference on the part of the House on:
S. 422 -- Finance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-15 SO AS TO PROVIDE THAT ALL FUNCTIONS OF THE STATE BUDGET AND CONTROL BOARD IN THE PREPARATION AND SUBMISSION TO THE GENERAL ASSEMBLY OF THE RECOMMENDED STATE BUDGET ARE DEVOLVED UPON THE GOVERNOR; TO PROVIDE THAT THE GOVERNOR SHALL CONSULT WITH THE STATE TREASURER AND THE COMPTROLLER GENERAL IN PREPARING THE RECOMMENDATIONS, TO PROVIDE THAT THE BUDGET DIVISION OF THE STATE BUDGET AND CONTROL BOARD SHALL ASSIST THE GOVERNOR IN PREPARING BUDGET RECOMMENDATIONS, AND TO PROVIDE FOR THE STATUS OF THE BUDGET DIVISION WITHIN THE STATE BUDGET AND CONTROL BOARD.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., June 1, 1993

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on:
S. 422 -- Finance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-15 SO AS TO PROVIDE THAT ALL FUNCTIONS OF THE STATE BUDGET AND CONTROL BOARD IN THE PREPARATION AND SUBMISSION TO THE GENERAL ASSEMBLY OF THE RECOMMENDED STATE BUDGET ARE DEVOLVED UPON THE GOVERNOR; TO PROVIDE THAT THE GOVERNOR SHALL CONSULT WITH THE STATE TREASURER AND THE COMPTROLLER GENERAL IN PREPARING THE RECOMMENDATIONS, TO PROVIDE THAT THE BUDGET DIVISION OF THE STATE BUDGET AND CONTROL BOARD SHALL ASSIST THE GOVERNOR IN PREPARING BUDGET RECOMMENDATIONS, AND TO PROVIDE FOR THE STATUS OF THE BUDGET DIVISION WITHIN THE STATE BUDGET AND CONTROL BOARD.
Very respectfully,
Speaker of the House

Received as information.

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

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

Senator DRUMMOND spoke on the report.

On motion of Senator DRUMMOND, with unanimous consent, Free Conference Powers were granted.

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

On motion of Senator DRUMMOND, the Report of the Committee of Free Conference to S. 422 was adopted as follows:

The COMMITTEE OF FREE CONFERENCE, to whom was referred:
S. 422 -- Finance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-15 SO AS TO PROVIDE THAT ALL FUNCTIONS OF THE STATE BUDGET AND CONTROL BOARD IN THE PREPARATION AND SUBMISSION TO THE GENERAL ASSEMBLY OF THE RECOMMENDED STATE BUDGET ARE DEVOLVED UPON THE GOVERNOR; TO PROVIDE THAT THE GOVERNOR SHALL CONSULT WITH THE STATE TREASURER AND THE COMPTROLLER GENERAL IN PREPARING THE RECOMMENDATIONS, TO PROVIDE THAT THE BUDGET DIVISION OF THE STATE BUDGET AND CONTROL BOARD SHALL ASSIST THE GOVERNOR IN PREPARING BUDGET RECOMMENDATIONS, AND TO PROVIDE FOR THE STATUS OF THE BUDGET DIVISION WITHIN THE STATE BUDGET AND CONTROL BOARD.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

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

/SECTION 1. Article 1, Chapter 11, Title 11 of the 1976 Code is amended by adding:

"Section 11-11-15. The functions of the State Budget and Control Board in the preparation and submission to the General Assembly of the recommended state budget are devolved upon the Governor. Wherever the phrase `State Budget and Control Board' appears in the context of preparing and submitting budget recommendations to the General Assembly, it means the Governor. In preparing the recommended state budget, the Governor may consult with the State Treasurer, the Comptroller General, or other state officials as needed. The Budget Division of the State Budget and Control Board shall assist the Governor in preparing the budget recommendations, but this function of the Budget Division may not be construed as altering the overall management and administration of the Budget Division as an entity of the State Budget and Control Board."

SECTION 2. This act takes effect July 1, 1993, and first applies for the budget recommendation for fiscal year 1994-95./

Amend title to conform.

/s/John Drummond /s/Timothy F. Rogers
/s/John C. Land, III /s/Herbert Kirsh
/s/Glenn F. McConnell /s/Jennings G. McAbee

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

, and a message was sent to the House accordingly.

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

A message was sent to the House accordingly.

At 4:00 P.M., Senator GIESE requested a leave of absence from 4:45 - 6:15 P.M.

The following were introduced:

S. 817 -- Senator Wilson: A SENATE RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF ROBERT E. "BOB" REDDICK, SR., OF LEXINGTON COUNTY, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

The Senate Resolution was adopted.

S. 818 -- Senator Washington: A CONCURRENT RESOLUTION TO EXPRESS SYMPATHY UPON THE DEATH OF HAROLD MUNGIN.

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

H. 4265 -- Reps. P. Harris, Chamblee, Cooper, Stille, Townsend and Tucker: A CONCURRENT RESOLUTION CONGRATULATING DAVID AGNEW OF ANDERSON COUNTY ON HIS APPOINTMENT AS SPECIAL ASSISTANT TO THE ASSISTANT UNITED STATES LABOR SECRETARY IN THE CLINTON ADMINISTRATION, AND WISHING HIM SUCCESS AND HAPPINESS IN HIS NEW ENDEAVOR.

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

H. 4267 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION TO CONGRATULATE THE T. L. HANNA HIGH SCHOOL GIRLS' TRACK TEAM OF ANDERSON UPON WINNING THE 1993 STATE AAA TRACK AND FIELD GIRLS' CHAMPIONSHIP.

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

H. 4268 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION TO CONGRATULATE PAUL AND JO BROWN UPON CELEBRATING THEIR TWENTY-FIFTH WEDDING ANNIVERSARY.

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

H. 4269 -- Rep. Corning: A CONCURRENT RESOLUTION TO EXTEND SINCERE CONGRATULATIONS AND BEST WISHES TO RICHARD K. HARDING, M.D., AND HIS FAMILY, OF RICHLAND COUNTY ON HIS ELECTION TO THE OFFICE OF RECORDER OF THE AMERICAN PSYCHIATRIC ASSOCIATION.

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

H. 4270 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION TO CONGRATULATE THE T. L. HANNA HIGH SCHOOL GOLF TEAM OF ANDERSON UPON WINNING THE 1993 STATE AAA CHAMPIONSHIP.

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

H. 4271 -- Reps. M.O. Alexander, Baker, Jaskwhich, Stille, Wilkins, Fair, Clyborne, Anderson, McMahand, Mattos, Haskins, Vaughn and Cato: A CONCURRENT RESOLUTION TO CONGRATULATE THE MAULDIN HIGH SCHOOL BOYS BASEBALL TEAM FOR WINNING THE 1993 STATE CLASS AAAA BASEBALL CHAMPIONSHIP.

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

H. 4278 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION TO CONGRATULATE T. L. HANNA HIGH SCHOOL BOYS' TRACK TEAM OF ANDERSON UPON WINNING THE 1993 STATE AAA TRACK AND FIELD CHAMPIONSHIP.

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

S. 26 -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-240, SO AS TO REQUIRE INDIVIDUAL AND GROUP INSURANCE POLICIES DELIVERED, ISSUED, RENEWED, EXTENDED, OR MODIFIED BY INSURERS PROVIDING MEDICAL OR DENTAL COVERAGE OR BOTH TO PROVIDE COVERAGE FOR THE NECESSARY CARE AND TREATMENT OF MEDICALLY DIAGNOSED CONGENITAL OROFACIAL ANOMALIES, AND TO REQUIRE THAT SUCH COVERAGE BE IMMEDIATE AND FULL WITHOUT REGARD TO ANY PROVISION IN THE POLICY REDUCING OR EXCLUDING BENEFITS FOR CONDITIONS WHICH PREEXISTED THE EFFECTIVE DATE OF THE POLICY.

The House returned the Bill with amendments.

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

S. 713 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-43-45 SO AS TO REQUIRE A DEALER IN LIQUEFIED PETROLEUM GAS TO MEET CERTAIN STORAGE CAPACITY REQUIREMENTS; TO ADD SECTION 39-43-75 SO AS TO REQUIRE NOTICE TO BE GIVEN BEFORE WORK IS BEGUN ON LIQUEFIED PETROLEUM GAS SYSTEMS; TO AMEND SECTION 39-43-10, AS AMENDED, RELATING TO DEFINITIONS IN THE LIQUEFIED PETROLEUM GAS CHAPTER, SO AS TO CONSOLIDATE AND REVISE THESE DEFINITIONS; TO AMEND SECTION 39-43-20, AS AMENDED, RELATING TO THE LIQUEFIED PETROLEUM GAS BOARD, SO AS TO INCREASE THE BOARD FROM FOUR TO FIVE; TO AMEND SECTION 39-43-30, AS AMENDED, RELATING TO DUTIES OF THE BOARD, SO AS TO DELETE THE REFERENCE TO PROSECUTING CRIMINAL VIOLATIONS AND TO REVISE AND INCLUDE NEW REFERENCES TO THE NATIONAL FIRE PROTECTION ASSOCIATION PAMPHLETS WHICH ARE THE BASIS FOR REGULATIONS THE BOARD MUST PROMULGATE; TO AMEND SECTION 39-43-40, AS AMENDED, RELATING TO LIQUEFIED PETROLEUM GAS BUSINESS ACTIVITIES REQUIRING A LICENSE, SO AS TO REVISE STATUTORY REFERENCES; TO AMEND SECTION 39-43-50, AS AMENDED, RELATING TO LICENSE FEES AND DEFINITIONS, SO AS TO DELETE AND TRANSFER THESE DEFINITIONS; TO AMEND SECTION 39-43-80, AS AMENDED, RELATING TO CERTIFICATION REQUIREMENTS FOR A PERSON WHO TRANSPORTS, DELIVERS, OR CONDUCTS OTHER BUSINESS ACTIVITIES RELATED TO LIQUEFIED PETROLEUM GAS, SO AS TO REVISE THE CERTIFICATION REQUIREMENT; TO AMEND SECTION 39-43-130, AS AMENDED, RELATING TO PILOT SAFETY VALVES ON HEATING APPLIANCES IN PUBLIC BUILDINGS, SO AS TO ADD REQUIREMENTS FOR THESE APPLIANCES IN RESIDENCES AND MANUFACTURED HOMES; TO AMEND SECTION 39-43-170, AS AMENDED, RELATING TO CRIMINAL PENALTIES FOR VIOLATIONS, SO AS TO INCREASE THE MINIMUM FINE FROM FIVE HUNDRED DOLLARS TO ONE THOUSAND DOLLARS AND TO INCREASE THE MINIMUM IMPRISONMENT FROM SIXTY TO NINETY DAYS; TO AMEND SECTION 39-43-180, AS AMENDED, RELATING TO ADMINISTRATIVE PENALTIES FOR FAILURE TO COMPLY WITH AN ORDER, SO AS TO CLARIFY PROCEDURES FOR VIOLATIONS AND TO INCREASE THE PENALTY FROM TWO THOUSAND DOLLARS TO FIVE THOUSAND DOLLARS; TO PROVIDE AN EXEMPTION TO STORAGE CAPACITY REQUIREMENTS UNDER CERTAIN CONDITIONS; AND TO REPEAL SECTION 39-43-90 RELATING TO THE INSPECTION AND CERTIFICATION OF CARGO VESSELS AND SECTION 39-43-160 RELATING TO ADMINISTRATIVE PROCEDURES AND PENALTIES. The House returned the Bill with amendments.

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

S. 235 -- Senators McConnell, Land, Saleeby, Leatherman, Holland, J. Verne Smith, Courson, Mitchell, Hayes, Martin, Russell, Ford, Courtney, Wilson, Passailaigue, Greg Smith, Washington, Jackson, Thomas, Matthews, Glover, Drummond, Ryberg, Cork, Reese, Mescher, Short and Lander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 19-11-100 SO AS TO PROVIDE PROTECTION FROM COMPELLED TESTIMONY IN A PROCEEDING TO A PERSON ENGAGED IN GATHERING AND DISSEMINATING NEWS AND TO PROVIDE EXCEPTIONS.

The House returned the Bill with amendments.

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

H. 3424 -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 38-77-175 AND 56-7-12 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT WHEN THE OPERATOR OR OWNER OF AN INDIVIDUAL PRIVATE PASSENGER AUTOMOBILE IS ISSUED A TICKET FOR A MOVING VIOLATION BY A LAW ENFORCEMENT OFFICER, HE MUST BE FURNISHED A WRITTEN REQUEST FORM TO BE COMPLETED BY HIM AND HIS INSURER OR THE AGENT ISSUING THE POLICY TO VERIFY LIABILITY INSURANCE COVERAGE; AND TO AMEND SECTION 56-10-45, RELATING TO MOTOR VEHICLE FINANCIAL SECURITY AND THE CONFISCATION OF LICENSE PLATES, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT LOCAL LAW ENFORCEMENT AGENCIES ARE AUTHORIZED TO CONFISCATE MOTOR VEHICLE REGISTRATION CERTIFICATES AND PLATES WHERE THE SECURITY REQUIRED BY CHAPTER 10 OF TITLE 56 HAS LAPSED.

The House returned the Bill with amendments.

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

S. 802 -- Banking and Insurance Committee: A JOINT RESOLUTION TO PROVIDE FOR AN INDEPENDENT AUDIT OF EACH MEMBER INSURER OF THE SOUTH CAROLINA REINSURANCE FACILITY; TO PROVIDE THAT A REPORT OF FINDINGS BE PERFORMED JOINTLY BY THE CHIEF INSURANCE COMMISSIONER, THE HOUSE LABOR, COMMERCE, AND INDUSTRY COMMITTEE, AND THE SENATE BANKING AND INSURANCE COMMITTEE; TO PROVIDE FOR THE DISSEMINATION OF THIS INDEPENDENT AUDIT TO THE GENERAL ASSEMBLY; AND TO PROVIDE THAT THE PROVISIONS OF R. 136 OF 1993, RELATING TO, AMONG OTHER THINGS, SOLICITING AN INVITATION FOR BIDS FOR THE SERVICES USED OR PAID FOR BY THE REINSURANCE FACILITY, TERMINATION OF CERTAIN CONTRACTS, AND CONDUCTING CERTAIN AUDITS, SHALL BE IMPLEMENTED BY THE CHIEF INSURANCE COMMISSIONER IN A TIMELY MANNER SO AS TO ENSURE THE EFFICIENT OPERATION OF THE REINSURANCE FACILITY.

The House returned the Resolution with amendments.

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

S. 228 -- Senators McGill, Macaulay, O'Dell, Russell, Patterson, Ford, Reese, Saleeby, Martin, Wilson, Leventis, Passailaigue, Greg Smith, McConnell, Moore, Peeler, Rankin, Rose, Courtney, Lander, Richter, Mitchell, Elliott, Matthews, Washington, Thomas, Glover, Gregory, Stilwell, Cork, Ryberg, Land, Waldrep, Courson, Hayes, Bryan, Jackson, Setzler, Mescher, Short and Giese: A BILL TO AMEND SECTION 4-9-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT THE GENERAL ASSEMBLY PROVIDE THE NECESSARY FUNDS TO ADMINISTER A LAW, RULE, OR REGULATION WHICH IT MANDATES A COUNTY TO IMPLEMENT, SO AS TO SUSPEND STATE MANDATES TO COUNTIES UNLESS FUNDED BY APPROPRIATIONS MADE BY THE GENERAL ASSEMBLY AND TO SUSPEND THE GRANTING OR INCREASING OF EXEMPTIONS FROM COUNTY PROPERTY TAXATION UNLESS ANY LOSS OF PROPERTY TAX REVENUE RESULTING FROM THE EXEMPTION IS FUNDED BY APPROPRIATIONS MADE BY THE GENERAL ASSEMBLY.

The House returned the Bill with amendments.

Senator BRYAN explained the amendments.

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

S. 701 -- Senators Bryan and Elliott: A BILL TO AMEND SECTION 43-33-350, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, INC., SO AS TO PROVIDE FOR THE REVIEW OF THE PLANS OF CARE FOR INDIVIDUALS IN A RESIDENTIAL CARE FACILITY AND A COMMUNITY MENTAL HEALTH CENTER DAY PROGRAM.

The House returned the Bill with amendments.

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

S. 402 -- Senator Land: A BILL TO AMEND SECTION 56-1-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HAVING A DRIVER'S LICENSE IN POSSESSION WHEN OPERATING A MOTOR VEHICLE, SO AS TO PROVIDE THAT UPON CONVICTION FOR VIOLATION OF THIS SECTION COURT COSTS MAY BE WAIVED AND NO POINTS MAY BE ASSESSED FOR DRIVING RECORD OR INSURANCE PURPOSES.

The House returned the Bill with amendments.

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

S. 818 -- Senator Washington: A CONCURRENT RESOLUTION TO EXPRESS SYMPATHY UPON THE DEATH OF HAROLD MUNGIN.

Returned with concurrence.

Received as information.

S. 700 -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-155 SO AS TO REQUIRE CONTINUING EDUCATION AS A CONDITION OF LICENSE RENEWAL OF A RESIDENT OR NONRESIDENT REAL ESTATE BROKER OR SALESMAN, TO PROVIDE FOR THE ADMINISTRATION OF THE CONTINUING EDUCATION PROGRAM, AND TO AUTHORIZE THE REAL ESTATE COMMISSIONER TO PROMULGATE REGULATIONS TO IMPLEMENT THE PROGRAM.

The House returned the Bill with amendments.

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

H. 3636 -- Reps. Baxley, Richardson, Keegan, Simrill, Robinson, R. Young, Barber, Byrd, Cato, Cobb-Hunter, Cromer, Davenport, Delleney, Fair, Graham, Harrison, Hines, Holt, Houck, Inabinett, Jaskwhich, Kelley, Keyserling, Littlejohn, Meacham, McElveen, McKay, Moody-Lawrence, Neilson, Riser, Shissias, D. Smith, Stille, Stone, Sturkie, Thomas, Tucker, Vaughn, Waites, Witherspoon, Wright, J. Bailey, Baker, Harwell, Huff, Haskins, Jennings, Quinn, Lanford, Snow, Wofford and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-155 SO AS TO REQUIRE CONTINUING EDUCATION AS A CONDITION OF LICENSE RENEWAL OF A RESIDENT OR NONRESIDENT REAL ESTATE BROKER OR SALESMAN AND TO PROVIDE FOR THE ADMINISTRATION OF THE CONTINUING EDUCATION PROGRAM AND TO AUTHORIZE THE REAL ESTATE COMMISSIONER TO PROMULGATE REGULATIONS TO IMPLEMENT THE PROGRAM.

The House returned the Bill with amendments.

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

H. 3959 -- Reps. Baxley, Allison, J. Brown, Cobb-Hunter, Corning, Davenport, Gamble, Harvin, Harwell, Hines, Jaskwhich, Keegan, Keyserling, Neal, Phillips, Scott, Sharpe, Shissias, R. Smith, D. Smith, Snow, Thomas, Waites, Wells, Whipper, D. Wilder, J. Wilder, Stuart, Meacham, Canty, Rudnick, Kelley, A. Young, Witherspoon, Byrd, Simrill, Fulmer, Hallman, Riser, Rogers and Neilson: A BILL TO AMEND SECTION 24-21-950, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GUIDELINES FOR PARDON, SO AS TO PROVIDE THAT AN INMATE MAY BE CONSIDERED FOR PARDON BEFORE PAROLE ELIGIBILITY UPON EVIDENCE OF A HISTORY OF DOMESTIC VIOLENCE AT THE HANDS OF THE VICTIM WHICH CONTRIBUTED TO THE COMMISSION OF THE OFFENSE BY THE INMATE.

Senator MITCHELL asked unanimous consent to make a motion to recall the Bill from the Committee on Corrections and Penology.

Senator RICHTER objected.

H. 3043 -- Rep. Scott: A BILL TO AMEND SECTION 22-3-800, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MAGISTRATE'S AUTHORITY TO SUSPEND SENTENCES IN CERTAIN CASES, SO AS TO PROVIDE THAT UP TO ONE HUNDRED HOURS OF COMMUNITY SERVICE MAY BE IMPOSED WHERE AN AMOUNT IS NOT PROVIDED OTHERWISE.

The Senate resumed consideration of the Bill. The question being the third reading of the Bill.

Senator HAYES spoke on the Bill.

Senator HAYES proposed the following Amendment No. 3 (BBM\10649BD.93), which was tabled:

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

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

"Section 9-1-1536. Magistrates are retired from their office no later than the end of the fiscal year during which they attain the age of seventy-two years. However, magistrates serving in office on the effective date of this section who have attained the age of seventy-two years on that date may complete their term and are retired from their office upon the completion of their term."/

Renumber sections to conform.

Amend title to conform.

Senator HAYES explained the amendment.

Senator PEELER moved to lay the amendment on the table.

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

Courtney Ford Holland
Leatherman Leventis Macaulay
McConnell Mescher Passailaigue
Patterson Peeler Saleeby
Smith, G.

Bryan Cork Courson
Drummond Giese Glover
Gregory Hayes Land
Lander Martin Matthews
McGill O'Dell Rankin
Rose Russell Ryberg
Smith, J.V. Thomas Waldrep
Washington Williams Wilson

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

Senator PEELER argued contra to the adoption of the amendment.

Senator PEELER moved to lay the amendment on the table.

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

Bryan Courtney Drummond
Ford Giese Glover
Holland Leatherman Leventis
Macaulay Martin Matthews
McConnell Mescher Mitchell
Passailaigue Patterson Peeler
Richter Rose Saleeby
Setzler Smith, G.

Cork Courson Gregory
Hayes Land Lander
McGill O'Dell Rankin
Russell Ryberg Smith, J.V.
Thomas Waldrep Washington
Williams Wilson

The amendment was laid on the table.

Senator PASSAILAIGUE proposed the following Amendment No. 4 (3043R005.ELP), 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 14-25-26. (A) Any municipal judge appointed for the first time to any term commencing after January 1, 1994, shall serve initially for a six-month probationary period during which the municipal judge must complete the minimum training program established by the Supreme Court or its designee and satisfactorily complete a certification examination. Failure to pass the certification examination shall preclude the municipal judge from serving beyond the six-month probationary period. All municipal judges who are serving in office on the effective date of this section are required to satisfactorily complete the minimum training program and satisfactorily complete a certification examination prior to reappointment for a new term.

(B) Upon notification from the Supreme Court or its designee of the failure of a municipal judge to comply with subsection (A), the Governor must immediately remove the municipal judge from office. No municipal judge may hold over in office upon notification of his failure to meet the qualification standards contained in this section.

(C) The provisions of this section do not apply to any municipal judge who is licensed to practice law in South Carolina." /

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

/ SECTION . Section 22-1-10 of the 1976 Code, as last amended by Act 136 of 1991, is further amended by adding:

"(C) Notwithstanding any other provision of law relating to the terms and qualifications of magistrates:

(1) All magistrates shall complete a training program or pass certification or recertification examinations, or both, pursuant to standards established by the Supreme Court of South Carolina. The examination must be offered at least three times each year.

(a) Magistrates appointed for the first time on or after the effective date of this act shall complete the training program and pass the certification examination within one year after taking office, or before April 30, 1995, whichever is later.

(b) Magistrates serving the counties of Abbeville, Allendale, Bamberg, Beaufort, Calhoun, Cherokee, Chesterfield, Clarendon, Colleton, Dillon, Edgefield, Florence, Greenville, Hampton, Jasper, Lancaster, Lee, Marion, McCormick, Oconee, Pickens, Saluda, Sumter, and Williamsburg, as of the effective date of this act, shall pass a certification examination before April 30, 1995.

(c) Magistrates serving the counties of Aiken, Anderson, Barnwell, Berkeley, Charleston, Chester, Darlington, Dorchester, Fairfield, Georgetown, Greenwood, Horry, Kershaw, Laurens, Lexington, Marlboro, Newberry, Orangeburg, Richland, Spartanburg, Union, and York, as of the effective date of this section, shall pass a certification examination before April 30, 1996.

(d) Every magistrate shall pass a recertification examination within eight years after passing the initial certification examination, and at least once every eight years thereafter.

(2) If any magistrate does not comply with these training or examination requirements, his office is declared vacant on the date the time expires, or when he is notified, as provided in subsection (D), whichever is earlier.

(D) Upon written notification of the Supreme Court or its designee to the affected magistrate and the Governor of the failure of the magistrate to complete the training program or pass the certification examination required pursuant to subsection (C), the magistrate's office is declared vacant, the magistrate does not hold over, and the Governor shall appoint a successor in the manner provided by law.

(E) The provisions of subsections (C) and (D) do not apply to a magistrate who is licensed to practice law in South Carolina."/

Amend title to conform.

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

Senator PASSAILAIGUE moved that the amendment be adopted.

The amendment was adopted.

The question then was the third reading of the Bill.

Senator HAYES argued contra to the third reading of the Bill.

On motion of Senator HOLLAND, with unanimous consent, the Bill was carried over, with Senator HAYES retaining the floor.

ON MOTION OF SENATOR HOLLAND, WITH UNANIMOUS CONSENT, 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. 3455 -- Reps. Spearman and Williams: A BILL TO AMEND SECTION 59-111-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FREE TUITION FOR CERTAIN VETERANS' CHILDREN, SO AS TO DELETE THE EIGHTEEN YEAR RESIDENCY REQUIREMENT.

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

H. 3295 -- Reps. Tucker and D. Smith: A BILL TO AMEND SECTION 27-21-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF PROPERTY RECOVERED BY THE SHERIFF OR POLICE CHIEF, SO AS TO CHANGE THE TIME FOR A PUBLIC AUCTION TO SIXTY DAYS.

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

There was no objection.

H. 3451 -- Reps. Riser, Snow, Shissias, Corning and Witherspoon: A BILL TO AMEND SECTION 46-7-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXPERIMENTAL STATIONS FOR FARM DEMONSTRATION AND TESTING WORK, SO AS TO PROVIDE FOR THE STATIONS TO ENGAGE IN FARM RESEARCH AS AN INTEGRAL PART OF THEIR MISSION.

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

There was no objection.

H. 3975 -- Reps. Rogers and Waites: A BILL TO AMEND SECTION 24-13-720, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUPERVISED FURLOUGH DURING THE LAST SIX MONTHS OF AN INMATE'S SENTENCE, SO AS PROVIDE THAT FURLOUGH DOES NOT APPLY TO VIOLENT OFFENDERS WHO QUALIFY UNDER THE RULES, REGULATIONS, CONDITIONS, AND ELIGIBILITY CRITERIA PROVIDED IN SECTION 24-13-710.

Senator BRYAN spoke on the Bill.

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

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.

(By prior motion of Senator McGILL)

H. 3808 -- Reps. Huff, Phillips, R. Smith and Byrd: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-30-11 SO AS TO PROVIDE THAT BY SEPTEMBER 1, 1993, THE STATE DEPARTMENT OF EDUCATION SHALL DEVELOP AN ALTERNATIVE ASSESSMENT MECHANISM TO THE WRITTEN PORTION OF THE EXIT EXAM FOR THOSE STUDENTS WHO HAVE ENGLISH AS A SECOND LANGUAGE, AND TO PROVIDE THAT UNTIL THIS ALTERNATIVE IS DEVELOPED, PASSING THE WRITTEN PORTION OF THE EXIT EXAM IS WAIVED FOR THE PURPOSES OF RECEIVING A STATE HIGH SCHOOL DIPLOMA FOR THOSE STUDENTS WHO ARE OTHERWISE QUALIFIED TO RECEIVE THE DIPLOMA.

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

H. 3531 -- Reps. Littlejohn, G. Bailey and Walker: A BILL TO AMEND CHAPTER 25, TITLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 SO AS TO PROVIDE FOR SMOKE DETECTOR REQUIREMENTS IN RESIDENTIAL DWELLINGS, INCLUDING MANUFACTURED HOUSING, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

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

Senator LANDER proposed the following amendment (3531R001.JAL), which was adopted:

Amend the bill, as and if amended, page 3, line 15, by adding after the /./ the following:

/ Violation of the provisions of this section shall not affect the validity of the conveyance. /

Amend title to conform.

Senator MARTIN explained the amendment.

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

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

H. 4242 -- Reps. Wofford, H. Brown, Williams and Law: A BILL TO AMEND SECTION 7-7-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BERKELEY COUNTY, SO AS TO REDESIGNATE THE PRECINCTS, DELETE LOCATIONS OF POLLING PLACES, AND PROVIDE THAT POLLING PLACES MUST BE ESTABLISHED BY THE BERKELEY COUNTY ELECTION COMMISSION SUBJECT TO THE APPROVAL OF THE BERKELEY COUNTY LEGISLATIVE DELEGATION.

(By prior motion of Senator ROSE)

H. 3336 -- Reps. Snow, Sharpe, Witherspoon, Rhoad, Riser and Worley: A BILL TO AMEND SECTION 56-1-2070, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT FOR DRIVERS OF COMMERCIAL VEHICLES TO HAVE COMMERCIAL DRIVERS' LICENSES AND THE EXCEPTIONS TO THE REQUIREMENT, SO AS TO AUTHORIZE THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO ISSUE RESTRICTED COMMERCIAL DRIVERS' LICENSES IN ACCORDANCE WITH FEDERAL LAW AND APPLICABLE REGULATIONS AND TO ALLOW OPERATORS OF VEHICLES OF FARM-RELATED SERVICE INDUSTRIES TO OPERATE THESE VEHICLES WITH A RESTRICTED COMMERCIAL DRIVER'S LICENSE IF THE VEHICLES ARE OPERATED IN ACCORDANCE WITH APPLICABLE FEDERAL REGULATIONS.

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

On motion of Senator LEVENTIS, with unanimous consent, H. 3336 was ordered to receive a third reading on Thursday, June 3, 1993.

H. 4050 -- Rep. Wilkes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-6-85 SO AS TO PROVIDE LICENSING REQUIREMENTS FOR AN AUCTION FIRM; BY ADDING SECTION 40-6-155 SO AS TO PROVIDE TRUST AND ESCROW ACCOUNT REQUIREMENTS FOR AUCTIONEERS; BY ADDING SECTION 40-6-175 SO AS TO AUTHORIZE THE SOUTH CAROLINA AUCTIONEERS' COMMISSION TO ASSESS FINES FOR VIOLATIONS; BY AMENDING SECTION 40-6-10, AS AMENDED, RELATING TO DEFINITIONS, SO AS TO REVISE AND ADD CERTAIN DEFINITIONS; BY AMENDING SECTION 40-6-20, AS AMENDED, RELATING TO AUCTIONS WHICH ARE NOT SUBJECT TO THE AUTHORITY OF THE SOUTH CAROLINA AUCTIONEERS' COMMISSION, SO AS TO EXEMPT AUCTIONS FOR MOTOR VEHICLES AND TO PROVIDE EXCEPTIONS TO THE EXEMPTIONS; BY AMENDING SECTION 40-6-50 AND SECTION 40-6-60, AS AMENDED, RELATING TO REQUIREMENTS TO BE LICENSED, SO AS TO INCLUDE APPRENTICE AUCTIONEERS AND AUCTION FIRMS AND TO REQUIRE PAYING CERTAIN FEES AND PROVIDING CRIMINAL HISTORY AND CREDIT RECORDS; BY AMENDING SECTIONS 40-6-70 AND 40-6-80, BOTH AS AMENDED, RELATING TO APPRENTICE AUCTIONEER AND AUCTIONEER LICENSE REQUIREMENTS, SO AS TO REQUIRE THAT THE LICENSING EXAMINATION MUST BE WRITTEN; BY AMENDING SECTION 40-6-90, RELATING TO RENEWAL OF LICENSES, SO AS TO PROVIDE FOR DATE OF ISSUANCE AND CONTINUING EDUCATION REQUIREMENTS; BY AMENDING SECTION 40-6-130, AS AMENDED, RELATING TO RECIPROCAL LICENSING, SO AS TO PROVIDE THAT A RECIPROCAL LICENSE MAY BE ISSUED IF THE APPLICANT'S RESIDENT STATE PROVIDES RECIPROCITY TO SOUTH CAROLINA RESIDENTS; BY AMENDING SECTION 40-6-150, RELATING TO WRITTEN AGREEMENTS TO CONDUCT AUCTIONS AND RECORDS OF SALES, SO AS TO REQUIRE THAT THESE AGREEMENTS AND RECORDS MUST BE MADE AVAILABLE TO THE COMMISSION ON REQUEST; BY AMENDING SECTION 40-6-160, AS AMENDED, RELATING TO GROUNDS FOR DENIAL, SUSPENSION, AND REVOCATION OF LICENSES, SO AS TO PROVIDE PROCEDURES FOR INVESTIGATIONS, TO ADD VIOLATIONS FOR MAKING FALSE STATEMENTS ON APPLICATIONS AND IN INVESTIGATIONS, FOR COMMINGLING FUNDS, FOR FAILING TO PAY FINES, FOR FAILING TO DISCLOSE REQUIRED INFORMATION, AND FOR LACK OF FINANCIAL RESPONSIBILITY, TO AUTHORIZE THE COMMISSION ALSO TO ISSUE ORDERS FOR COMPLIANCE AND TO PLACE A LICENSEE ON PROBATION; BY AMENDING SECTION 40-6-180, AS AMENDED, RELATING TO NOTICE AND HEARING REQUIREMENTS, SO AS TO REVISE THESE REQUIREMENTS; BY AMENDING SECTION 40-6-200, RELATING TO THE AUCTIONEER RECOVERY FUND, SO AS TO PROVIDE THAT NEW LICENSEES MUST CONTRIBUTE TO THE FUND AND TO PROVIDE HOW EXCESS FUNDS MAY BE EXPENDED; BY AMENDING SECTION 40-6-220, RELATING TO CLAIMS UNDER THE FUND, SO AS TO PROVIDE THAT A PERSON'S LICENSE MAY BE SUSPENDED OR REVOKED AFTER PAYMENT OF A CLAIM FILED AGAINST THE PERSON; AND BY PROVIDING THAT CONTINUING EDUCATION REQUIREMENTS TAKE EFFECT JUNE 30, 1995.

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

H. 4059 -- Rep. Felder: A BILL TO AMEND SECTION 8-17-370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION OF PERSONS FROM THE STATE EMPLOYEE GRIEVANCE PROCEDURE, SO AS TO EXEMPT ATHLETICS COACHES AND UNCLASSIFIED EMPLOYEES IN ATHLETICS DEPARTMENTS OF PUBLIC INSTITUTIONS OF HIGHER EDUCATION.

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

H. 4081 -- Reps. Boan and Wilkins: A BILL TO ENACT THE "STATE GOVERNMENT ACCOUNTABILITY AND REFORM ACT OF 1993" INCLUDING PROVISIONS TO AMEND SECTION 2-47-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF PERMANENT PROJECTS BY THE BUDGET AND CONTROL BOARD, SO AS TO ALLOW AGENCIES AND INSTITUTIONS TO ADVERTISE FOR ARCHITECTURAL AND ENGINEERING SERVICES PRIOR TO BOARD APPROVAL OF THE PROJECT SO LONG AS THE ARCHITECTURAL AND ENGINEERING CONTRACT IS NOT AWARDED UNTIL AFTER A STATE PROJECT NUMBER HAS BEEN ASSIGNED; TO ADD SECTION 2-47-55 SO AS TO ESTABLISH THE ANNUAL PERMANENT IMPROVEMENT PROGRAM (APIP) REGARDING AN AGENCY'S PERMANENT IMPROVEMENT PROJECTS AND PROVIDE FOR THE APPROVAL OR DISAPPROVAL OF THE APIP; TO ADD SECTION 2-47-56 SO AS TO ALLOW AGENCIES AND INSTITUTIONS TO ACCEPT GIFTS-IN-KIND FOR ARCHITECTURAL AND ENGINEERING SERVICES AND CONSTRUCTION WITH ONLY STAFF LEVEL REVIEW BY THE COMMISSION ON HIGHER EDUCATION, THE JOINT BOND REVIEW COMMITTEE, AND THE BUDGET AND CONTROL BOARD; TO ADD SECTION 8-1-15 SO AS TO MANDATE THE ESTABLISHMENT OF COMPLIANCE AND ACCOUNTABILITY PROGRAMS BY EACH HIGHER EDUCATION INSTITUTION AND STATE AGENCY, AND PROVIDE THAT THE STATE AUDITOR SHALL ANNUALLY AUDIT THE INSTITUTION'S OR AGENCY'S PROGRAMS AND THAT THE BUDGET AND CONTROL BOARD SHALL REVIEW THE AUDIT REPORT AND MAY TAKE CERTAIN CORRECTIVE ACTION WHEN PROGRAM WEAKNESSES ARE NOT REMEDIED; TO ADD SECTION 8-11-15 SO AS TO ESTABLISH A MINIMUM THIRTY-SEVEN AND ONE-HALF HOUR WORKWEEK FOR AGENCY AND INSTITUTION EMPLOYEES WHO WORK FULL TIME, AND ALLOW THE USE OF ALTERNATIVE SCHEDULING TO MEET THE AGENCY'S OR INSTITUTION'S SERVICE NEEDS; TO AMEND SECTION 8-17-330, RELATING TO STATE AGENCY EMPLOYEE GRIEVANCE PROCEDURES, SO AS TO FURTHER PROVIDE FOR CERTAIN SITUATIONS OR ACTIONS WHICH ARE NOT CONSIDERED GRIEVANCES; TO AMEND SECTION 11-35-310, AS AMENDED, RELATING TO DEFINITIONS IN REGARD TO THE PROCUREMENT CODE, SO AS TO REVISE THE DEFINITION OF "TERM CONTRACT" TO ALLOW STATE AGENCIES AND INSTITUTIONS TO PROCURE GOODS AND SERVICES FROM SOURCES OTHER THAN THE STATE'S TERM CONTRACTS WHEN IT IS MORE ECONOMICAL FOR THE AGENCY OR INSTITUTION; TO AMEND SECTION 11-35-710, RELATING TO EXEMPTIONS TO THE PROCUREMENT CODE, SO AS TO EXEMPT CERTAIN RENOVATIONS OR CONSTRUCTION OF SPACE FOR GRANT FUNDED RESEARCH PROJECTS; TO ADD SECTION 11-35-835 SO AS TO REQUIRE THE STATE ENGINEER OFFICE TO COMPLETE CERTAIN REVIEWS WITHIN A SPECIFIED TIME, AND PROVIDE THAT THE STATE ENGINEER'S APPROVAL IS ASSUMED IF THE REVIEW IS NOT COMPLETED WITHIN THE PRESCRIBED TIME PERIODS; TO ADD SECTION 11-35-845 SO AS TO ALLOW THOSE GOVERNMENTAL BODIES WHICH HAVE TOTAL MANAGEMENT CAPABILITY TO OVERSEE THE ADMINISTRATION OF PERMANENT IMPROVEMENT PROJECTS; TO AMEND SECTION 11-35-1520, AS AMENDED, RELATING TO COMPETITIVE SEALED BIDDING, SO AS TO REQUIRE THAT COMPETITIVE SEALED BIDDING MUST BE USED FOR CONTRACTS AMOUNTING TO FIFTY THOUSAND DOLLARS OR MORE; TO AMEND SECTION 11-35-1550, RELATING TO SMALL PURCHASES, SO AS TO ESTABLISH THE PROCEDURES WHICH MUST BE USED FOR SMALL PURCHASES VALUED AT FIFTY THOUSAND DOLLARS OR LESS; TO ADD SECTION 11-35-1825 SO AS TO DIRECT THE DIVISION OF GENERAL SERVICES TO ESTABLISH A PROCEDURE FOR PRE-QUALIFYING BIDDERS ON CONSTRUCTION PROJECTS; TO AMEND SECTION 11-35-2010, RELATING TO TYPES AND FORMS OF CONTRACTS, SO AS TO ALLOW AGENCIES AND INSTITUTIONS TO ENTER INTO RENTAL CONTRACTS FOR EQUIPMENT, WITHOUT USE OF THE STATE'S STANDARD EQUIPMENT FORM, WHEN THE EQUIPMENT IS VALUED AT TEN THOUSAND DOLLARS OR LESS AND THE CONTRACT DOES NOT EXCEED NINETY DAYS; TO AMEND SECTION 11-35-3020, AS AMENDED, RELATING TO CONSTRUCTION PROCUREMENT PROCEDURES, SO AS TO ALLOW AGENCIES AND INSTITUTIONS TO NEGOTIATE WITH THE LOW BIDDER ON A CONSTRUCTION CONTRACT WHEN THE BID EXCEEDS AVAILABLE FUNDS BY NOT MORE THAN FIVE PERCENT AND TO REVISE THE METHOD OF LISTING SUBCONTRACTORS FOR CONSTRUCTION BIDS; TO ADD SECTION 11-35-3025 SO AS TO ALLOW AGENCIES AND INSTITUTIONS TO APPROVE CHANGES IN ARCHITECTURAL AND ENGINEERING CONTRACTS AND CONSTRUCTION CONTRACTS WITHOUT THE APPROVAL OF THE STATE ENGINEER ONLY WHEN THE CHANGE DOES NOT ALTER THE PROJECT'S SCOPE AND DOES NOT EXCEED THE PROJECT'S BUDGET; TO AMEND SECTION 11-35-3030, RELATING TO BOND AND SECURITY, SO AS TO ALLOW AN AGENCY OR INSTITUTION TO REQUIRE BID SECURITY FOR CONSTRUCTION CONTRACTS VALUED AT ONE HUNDRED THOUSAND DOLLARS OR LESS IF THE AGENCY OR INSTITUTION DEEMS IT NECESSARY TO PROTECT THE BID, AND TO ALLOW BID SECURITY FOR CONSTRUCTION CONTRACTS OF ONE HUNDRED THOUSAND DOLLARS OR FEES TO BE WAIVED; TO AMEND SECTION 11-35-3230, RELATING TO EXCEPTIONS TO THE PROCUREMENT CODE FOR CERTAIN TYPES OF CONTRACTS, SO AS TO ALLOW HIGHER EDUCATION INSTITUTIONS OR STATE AGENCIES TO PROCURE SMALL DOLLAR ARCHITECTURAL AND ENGINEERING SERVICES WITHOUT THE APPROVAL OF THE STATE ENGINEER WHEN THE CONTRACT IS LESS THAN TWENTY-FIVE THOUSAND DOLLARS; TO AMEND SECTION 11-35-4210, RELATING TO AUTHORITY TO RESOLVE PROTESTED SOLICITATIONS AND AWARDS, SO AS TO REVISE THE PROTEST PROVISIONS OF THE PROCUREMENT CODE BY ALLOWING THE IMPOSITION OF SANCTIONS FOR PROTESTS WHICH ARE FRIVOLOUS, AND PROVIDE THAT A PROTEST BOND OR SECURITY MUST ACCOMPANY A PROTEST; AND TO AMEND SECTION 59-103-35, RELATING TO SUBMISSION OF BUDGET OF INSTITUTIONS OF HIGHER LEARNING, SO AS TO ALLOW PUBLIC INSTITUTIONS OF HIGHER EDUCATION TO SUBMIT SUMMARY BUDGETS TO THE COMMISSION ON HIGHER EDUCATION INSTEAD OF HAVING TO SUBMIT LINE-ITEM BUDGETS.

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

H. 4208 -- Rep. Harrell: A JOINT RESOLUTION TO EXTEND THE EXPIRATION DATE OF EXISTING TRANSITIONAL REAL ESTATE APPRAISER LICENSES ISSUED UNDER SECTION 40-60-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, TO MAY 1, 1994, OR UNTIL AN APPRENTICE APPRAISER CLASSIFICATION IS ESTABLISHED BY STATUTE, WHICHEVER OCCURS FIRST.

Senators GREG SMITH and LEVENTIS spoke on the Bill.

H. 4211 -- Reps. Cooper, Townsend, Stille, Chamblee and P. Harris: A BILL TO AMEND ACT 745 OF 1967, AS AMENDED, RELATING TO THE BOUNDARIES OF WESTERN CAROLINA REGIONAL SEWER AUTHORITY, SO AS TO ADD A NEW AREA TO THE DISTRICT.

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

Senator THOMAS proposed the following amendment (WWW\30172DW.93), which was adopted:

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

/SECTION . Act 745 of 1967, as last amended by Act 270 of 1987, is further amended by adding:

"Section 2.4. Expansion of the boundaries of the Western Carolina Regional Sewer Authority as provided in Section 2.3 of this act, does not allow the authority to increase rates of those ratepayers or taxes of those property owners living in the area of the authority before the expansion of the authority as provided in Section 2.3, which results from construction of a treatment plant or plants or expansion of lines by reason of the expansion of the boundaries of the authority./

Renumber sections to conform.

Amend title to conform.

Senator THOMAS explained the amendment.

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:

H. 4218 -- Rep. Farr: A BILL TO ESTABLISH THE REGISTRATION AND ELECTIONS COMMISSION FOR UNION COUNTY, TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD FOR UNION COUNTY, AND DEVOLVE THE POWERS AND DUTIES OF THE COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD UPON THE REGISTRATION AND ELECTIONS COMMISSION, AND TO PROVIDE THAT THE CURRENT MEMBERS OF THE UNION COUNTY ELECTION COMMISSION AND THE UNION COUNTY REGISTRATION BOARD SHALL ACT AS THE GOVERNING COMMISSION OF THE NEW UNION COUNTY REGISTRATION AND ELECTIONS COMMISSION UNTIL THE MEMBERS OF THE NEW COMMISSION APPOINTED AS PROVIDED BY THIS ACT TAKE OFFICE, AT WHICH TIME THE TERMS OF THE FORMER COMMISSIONERS OF ELECTION AND REGISTRATION BOARD MEMBERS SHALL EXPIRE.

(By prior motion of Senator LANDER)

H. 4239 -- Reps. Kennedy and Harvin: A BILL TO AMEND ACT 632 OF 1980, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF WILLIAMSBURG COUNTY, SO AS TO FURTHER PROVIDE FOR THE PREPARATION OF THE ANNUAL SCHOOL BUDGET FOR THE OPERATION OF THE DISTRICT AND THE TAX MILLAGE NECESSARY TO BE LEVIED IN CONNECTION WITH IT.

(By prior motion of Senator McGILL)

H. 4130 -- Rep. Boan: A BILL TO AMEND SECTION 59-115-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY TO ISSUE REVENUE BONDS UNDER THE STATE EDUCATION ASSISTANCE ACT, SO AS TO DELETE A REFERENCE TO THE AGGREGATE PRINCIPAL AMOUNT OF SUCH BONDS WHICH MAY BE OUTSTANDING AT ANY TIME AND PROVIDE FOR A PARITY BOND TEST FOR THE ISSUANCE OF ADDITIONAL BONDS.

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

H. 3272 -- Reps. Fair, A. Young, Simrill, Walker, Littlejohn, Davenport, Jaskwhich, Moody-Lawrence, Trotter, Beatty, Phillips, Haskins, Robinson, Cato, Wells, Meacham, Marchbanks and D. Wilder: A BILL TO AMEND SECTION 61-3-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS FOR LICENSES ISSUED BY THE ALCOHOLIC BEVERAGE CONTROL COMMISSION, SO AS TO REQUIRE THAT THE PERSON APPLYING FOR THE LICENSE MUST BE THE SAME PERSON WHO WILL HAVE ACTUAL CONTROL AND MANAGEMENT OF THE BUSINESS PROPOSED TO BE OPERATED.

Senator ELLIOTT asked unanimous consent to take the Bill up for immediate consideration and withdraw his proposed amendment.

There was no objection.

On motion of Senator HOLLAND, with unanimous consent, H. 3272 was ordered to receive a third reading on Thursday, June 3, 1993.

H. 4110 -- Reps. Fulmer and Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-625 SO AS TO PROVIDE THAT IF ACCESS TO A PARTICULAR PROPERTY OR PROPERTIES IS CONTROLLED BY A TRAFFIC SIGNAL, THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION MAY REQUIRE THAT IMPROVEMENTS BE MADE TO THE PROPERTY WHICH ARE NECESSARY TO IMPROVE TRAFFIC FLOW AT THE INTERSECTION CONTROLLED BY THE TRAFFIC SIGNAL.

H. 3045 -- Rep. T.C. Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-175, SO AS TO AUTHORIZE THE GOVERNING BODY OF A COUNTY TO PAY PER DIEM IN AN AMOUNT IT CONSIDERS NECESSARY TO, INCLUDING, BUT NOT LIMITED TO, A MEMBER OF A COUNTY BOARD OF ASSESSMENT APPEALS WHEN THE MEMBER TRAVELS OUTSIDE OF THE COUNTY AND INCURS EXPENSES RELATED TO HIS DUTIES WHILE SERVING ON THE BOARD.

Senator MACAULAY spoke on the Bill.

On motion of Senator MACAULAY, with unanimous consent, H. 3045 was ordered to receive a third reading on Thursday, June 3, 1993.

H. 3684 -- Rep. Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-781 SO AS TO PROVIDE THAT CERTAIN INFORMATION CONTAINED IN OFFICIAL JUVENILE RECORDS MAY BE RELEASED TO SCHOOL OFFICIALS, AND TO PROVIDE PROCEDURES FOR REQUESTS.

On motion of Senator SETZLER, with unanimous consent, H. 3684 was ordered to receive a third reading on Thursday, June 3, 1993.

H. 4232 -- Reps. Jennings and Neilson: A BILL TO AMEND SECTION 7-7-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN MARLBORO COUNTY, SO AS TO REDESIGNATE THE PRECINCTS.

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

Senators ELLIOTT, GLOVER and SALEEBY proposed the following amendment (WWW\30168DW.93), which was adopted:

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

/SECTION 1. Section 7-7-410 of the 1976 Code is amended to read:

"Section 7-7-410. (A) In Marlboro County there are the following precincts:

(1) Adamsville Precinct--Beginning at the intersection of Crooked Creek and Marlboro County line, southeast on county line to state road 17, southwest on state road 17 to Adamsville cross roads and state road 28, south on state road 28 to state road 275, west on state road 275 to state road 17, southwest on state road 17 to state road 346, north on state road 346 to state road 345, west on state road 345 to state highway 385, north on state highway 385 to state road 63, north on state road 63 to Crooked Creek, north on Crooked Creek to origin.

(2) Blenheim Precinct--Beginning at the intersection of Three Creek and Hagins Prong Branch, southeast on Hagins Prong Branch to Branch of Hagins Prong Branch, southeast on Branch past Dunbar Church to state road 32, southwest on state road 32 to state road 49, east on state road 49 to second unnamed, unpaved road (5.1 miles), northeast on unnamed, unpaved road to county line, south on county line to state road 49, northwest on state road 49 to first unnamed, unpaved road, southwest on unnamed, unpaved road to state road 299, west on state road 299 to state road 433, north on state road 433 to Long Branch, north on Long Branch to the intersection of state roads 568 and 567, north on state road 567 to unnamed, unpaved road, north on unnamed, unpaved road to state road 29, northeast on state road 29 to Three Creek, southeast on Three Creek to origin.

(3) Brightsville Precinct--Beginning at the intersection of state road 258 and county line, east on the county line to Crooked Creek, south on Crooked Creek to state road 63, west on state road 63 to state road 261, southwest on state road 261 to state road 187, west on state road 187 to state road 55, northwest on state road 55 to Naked Creek, north on Naked Creek to state road 165, west on state road 165 to state road 257, north on state road 257 to state road 258, northwest on state road 258 to origin.

(4) Brownsville Precinct--Beginning at the intersection of state road 18 and Three Creek, southeast on state road 18 to first unnamed, unpaved road, east then north on unnamed, unpaved road to state road 299, southeast on state road 299 to third unnamed, unpaved road, northeast on unnamed, unpaved road to state road 49, southeast on state road 49 to county line, southwest on county line to Pee Dee River, west then northwest on Pee Dee River to Three Creek, northeast on Three Creek to origin.

(5) Red Hill Precinct--Beginning at the intersection of state highway 38 and unnamed branch, southeast on unnamed branch to state road 51, east on state road 51 to state road 440, south on state road 440 to state road 29, southwest on state road 29 to unnamed, unpaved road (1.4 miles from Monroe Cross Roads), southeast on unnamed, unpaved road to state road 567, southwest on state road 567 to Long Branch, south on Long Branch to state road 433, south on 433 to intersection of unnamed, unpaved road, south then west on unnamed, unpaved road to state road 18, northwest on state road 18 to Three Creek, southwest on Three Creek to Great Pee Dee River, northwest on Great Pee Dee River to U. S. Highway 401 and U. S. Highway 15, northeast on U. S. Highway 401 and 15 to state road 357, southeast 3.7 miles on state road 357 to unnamed, unpaved road, northeast on unnamed, unpaved road to state road 57, northwest on state road 57 to state road 455, east on state road 455 to state road 53, north and northeast on state road 53 to Bristow Street, south on Bristow Street to Stubbs Avenue, east on Stubbs Avenue to state highway 38, southeast on state highway 38 to origin.

(6) Tatum Precinct--Beginning at the intersection of state road 275 and state road 17, east on state road 275 to state road 28, southeast then south on state road 28 to state road 22, south on state road 22 to state road 509, south then west on state road 509 to state road 273, southwest on state road 273 to state road 272, northwest on state road 272 to state road 349, south on state road 349 to state road 356, northwest on state road 356 to first unnamed, unpaved road, east then north on unnamed, unpaved road to U. S. Highway 15 and 401 and state road 47, northwest on state road 47 to state road 385, northeast on state road 385 to state road 17, northeast on state road 17 to origin.

(7) Wallace Precinct--Beginning at the intersection of S.C.L. Railroad and the county line, southwest on the S.C.L. Railroad to unnamed, unpaved road leading into state road 30, southeast on state road 30 to Phils Creek, southwest on Phils Creek to unnamed, unpaved road just past Emmanuel Church, south on unnamed, unpaved road to state road 54 and state road 204, south on state road 204 to state road 55, west on state road 55 to state road 36, northwest on state road 36 to Wolf Creek, west on Wolf Creek to Great Pee Dee River, northwest on Great Pee Dee River to county line, east on county line to origin.

(8) Quick's Cross Roads Precinct--Beginning at the intersection of state road 258 with the county line, southeast on state road 258 to state road 257, southwest on state road 257 to state road 165, east on state road 165 to Naked Creek, south on Naked Creek to state road 55, southeast on state road 55 to state highway 79, southwest on state highway 79 to state highway 9, southeast on state highway 9 to state road 33, west on state road 33 to Naked Creek, south and southwest on Naked Creek to the Great Pee Dee River, northwest on the Great Pee Dee River to Wolf Creek east on Wolf Creek to state road 36, southeast on state road 36 to state road 55, east on state road 55 to state road 204, north on state road 204 to state road 54 and unnamed, unpaved road (near Emmanuel Church), north on unnamed, unpaved road to Phils Creek, northeast on Phils Creek to state road 30, northwest on state road 30 to unnamed, unpaved road, northwest on unnamed, unpaved road to S.C.L. Railroad, northeast on S.C.L. Railroad to the county line, east on county line to origin.

(9) Clio Precinct--Beginning at the intersection of state road 190 with the county line, east then southwest on county line to unnamed, unpaved road intersecting county line, southwest on unnamed, unpaved road to state road 49, northwest on state road 49 to state road 32, northeast on state road 32 to unnamed branch of Hagins Prong Branch, northwest on unnamed branch to Hagins Prong Branch, west on Hagins Prong Branch to Three Creek, northwest on Three Creek to state road 29, east on state road 29 to state road 350, north on state road 350 to state road 23, northwest on state road 23 to state highway 9, east on state highway 9 to state road 349, north and northeast on state road 349 road to state road 272, southeast on state road 272 to state road 273, northeast on state road 273 to state road 509, southeast and north on state road 509 to state road 22, north on state road 22 to state road 28, northeast on state road 28 to state road 337, southeast on state road 337 to state road 40, southeast on state road 40 to first unnamed, unpaved road, east on unnamed, unpaved road to state highway 83, northeast on state highway 83 to state road 94, north on state road 94 to state road 190, north and northeast on state road 190 to origin.

(10) McColl Precinct--Beginning at the intersection of state road 17 and the county line, southeast on county line to state road 190, southwest and southeast on state road 190 to state road 94, southwest on state road 94 to state highway 83, southwest on state highway 83 to first unnamed, unpaved road, west on unnamed, unpaved road to state road 40, northwest on state road 40 to state road 337, northwest on state road 337 to state road 28, northwest on state road 28 to intersection of state road 17 at Adamsville Cross Roads, northeast on state road 17 to origin.

(11) East McColl Precinct--Beginning at the intersection of McColl city limits and Church Street, following the city limits north in a clockwise direction to the intersection with state road 27, west northwest on state road 27 to South Church St. Extension, northwest on South Church St. Extension to Church St., northwest on Church St. to origin.

(12) East Bennettsville Precinct--Beginning at the intersection of state highway 9 and state highway 79, northeast on state highway 79 to state road 55, southeast on state road 55 to state road 187, east on state road 187 to state road 261, northeast on state road 261 to state road 63, southeast on state road 63 to state highway 385, south on state highway 385 to state road 345, east on state road 345 to state road 346, south on state road 346 to state road 17, southwest on state road 17 to state highway 385, south on state highway 385 to state road 47, southeast on state road 47 to intersection of unnamed, unpaved road and U.S. Highway 15 and 401, south then west on unnamed, unpaved road to state road 356, southeast on state road 356 to state road 349, south on state road 349 to state highway 9, west on state highway 9 to state road 23, southeast on state road 23 to state road 350, south on state road 350 to state road 29, southwest on state road 29 to state road 440, north on state road 440 to state road 51, west on state road 51 to unnamed branch just east of state highway 38, northwest on unnamed branch to state highway 38, north on state highway 38 to U. S. Highway 15, southwest on U. S. Highway 15 to state highway 9, north on state highway 9 to origin.

(13) West Bennettsville Precinct--Beginning at the intersection of state highway 38 and U. S. Highway 15 and 401, west on U. S. Highway 15 and 401 to state road 56, southeast on state road 56 to state road 53, west then south on state road 53 to state road 455, west on state road 455 to state road 57, south on state road 57 to first unnamed, unpaved road, southwest on unnamed, unpaved road to state road 357, northwest on state road 357 to U. S. Highway 15 and 401, southwest on U. S. Highway 15 and 401 to the Great Pee Dee River, north on the Great Pee Dee River to Naked Creek, east then north on Naked Creek to state road 33, east on state road 33 to state highway 9, south on state highway 9 to U. S. Highway 15, east on U. S. Highway 15 to state highway 38, south on state highway 38 to origin.

(14) South Bennettsville Precinct--Beginning at the intersection of U. S. Highway 15 and 401 and state road 56, east on U. S. Highway 15 and 401 to state highway 38, south on highway 38 to Stubbs Ave., southwest on Stubbs Ave. to Bristow Street, north on Bristow Street to state road 53, west on state road 53 to state road 56, north on state road 56 to origin.

(1) Adamsville

(2) Blenheim

(3) Brightsville

(4) Brownsville

(5) Clio

(6) McColl

(7) East McColl

(8) Quick's Cross Roads

(9) Red Hill

(10) Tatum

(11) Wallace

(12) North Bennettsville

(13) South Bennettsville

(14) East Bennettsville

(15) West Bennettsville

(B) The precinct lines defining the precincts provided in subsection (A) of this section are as shown on the official map prepared by and on file with the Division of Research and Statistical Services of the State Budget and Control Board designated as document P-69-93 and as shown on certified copies of the official map provided by the division to the State Election Commission and the Marlboro County Board of Elections and Registration.

(C) The polling places for the precincts provided in subsection (A) of this section must be established by the Marlboro County Board of Elections and Registration with the approval of a majority of the Marlboro County Legislative Delegation."

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

Amend title to conform.

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

H. 3620 -- Rep. Waldrop: A BILL TO AMEND SECTION 17-7-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF CORONERS OR SOLICITORS TO ORDER AUTOPSIES UPON DEATH OF INCARCERATED PERSONS, SO AS TO REVISE THE CONDITIONS UNDER WHICH THESE AUTOPSIES MUST BE ORDERED.

Senator HOLLAND asked unanimous consent to make a motion to proceed to a consideration of the Bill.

Senator ROSE objected.

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

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

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

S. 377 -- Fish, Game & Forestry Committee: JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT, RELATING TO HUNT UNITS AND WILDLIFE MANAGEMENT AREAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1576, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

On motion of Senator LEVENTIS, the Resolution was carried over.

S. 245 -- Senators Macaulay, Peeler, McConnell, Martin, Ford, Thomas, Williams and Leatherman: A BILL TO AMEND SECTION 38-77-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLISION, COMPREHENSIVE, FIRE, THEFT, AND COMBINED ADDITIONAL MOTOR VEHICLE LIABILITY INSURANCE COVERAGE, SO AS TO MAKE IT OPTIONAL FOR INSURERS TO OFFER COLLISION COVERAGE AND EITHER COMPREHENSIVE OR FIRE, THEFT, AND COMBINED ADDITIONAL COVERAGE; TO PROVIDE THAT ALL INSURERS WRITING SINGLE INTEREST COLLISION COVERAGE SHALL PROVIDE AN APPLICANT FOR THIS INSURANCE WITH A CERTAIN NOTICE THAT MUST BE SIGNED BY THE APPLICANT; AND TO PROVIDE THAT ALL INSURERS SHALL SUBMIT RATE FILINGS WITHIN TWELVE MONTHS FOLLOWING THE EFFECTIVE DATE OF THIS ACT WHICH MUST REFLECT THE RATE DECREASES, IF ANY, ATTRIBUTABLE TO THE PASSAGE OF THIS ACT.

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

Senator LEVENTIS moved to carry over the Bill.

Senator McCONNELL raised a Point of Order under Rule 6 that the Senator was not at his desk when recognized.

The PRESIDENT sustained the Point of Order.

Senator McGILL moved to carry over the Bill.

Senator MACAULAY moved to table the motion to carry over.

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

Courson Courtney Elliott
Giese Hayes Lander
Leatherman Macaulay Martin
McConnell Mitchell O'Dell
Passailaigue Peeler Rankin
Russell Ryberg Saleeby
Setzler Short Smith, G.
Smith, J.V. Thomas Waldrep
Williams Wilson

Bryan Cork Ford
Glover Land Leventis
Matthews McGill Mescher
Patterson Washington

The motion to carry over was laid on the table.

Senator LEVENTIS was recognized to speak on the Bill.

On motion of Senator DRUMMOND, with unanimous consent, debate was interrupted, Senator LEVENTIS retaining the floor.

Senator DRUMMOND, Chairman of the Committee of Conference, was granted leave to address the body regarding a status report on the work of the Committee of Conference on the Bill.

At 7:15 P.M., Senator LEVENTIS assumed the Chair.

Senator DRUMMOND continued making a status report.

Senator MACAULAY asked unanimous consent to make a motion that it be the Sense of the Senate that the Senate conferees on H. 3610 insist that the Senate version of Section 73, permanent provisions, be included in the report.

There was no objection.

The Sense of the Senate motion was adopted.

Senator DRUMMOND continued making a status report.

Senator MACAULAY asked unanimous consent to make a motion that it be the Sense of the Senate that the Senate conferees on H. 3610 insist that the Senate version of Section 100, permanent provisions, be included in the report.

There was no objection.

The Sense of the Senate motion was adopted.

Senator PASSAILAIGUE was recognized to speak on the status report.

At 8:40 P.M., the PRESIDENT assumed the Chair.

Senator PASSAILAIGUE continued making a status report.

Senator PASSAILAIGUE asked unanimous consent to make a motion that it be the Sense of the Senate that the Senate conferees on H. 3610 insist that an additional appropriation of $1,000,000 for school buses be included in the report.

There was no objection.

The Sense of the Senate motion was adopted.

Senator PASSAILAIGUE asked unanimous consent to make a motion that it be the Sense of the Senate that the Senate conferees on H. 3610 insist that funding be deleted for the Savannah Valley Authority.

There was no objection.

The question then was the adoption of the motion.

Senator J. VERNE SMITH and Senator PATTERSON argued contra to the adoption of the motion.

On motion of Senator PASSAILAIGUE, with unanimous consent, the Sense of the Senate motion was withdrawn.

Senator PASSAILAIGUE asked unanimous consent to make a motion to withdraw the Sense of the Senate motion whereby an additional appropriation of $1,000,000 for school buses be included in the report was adopted.

Senator LEVENTIS objected.

Senator PASSAILAIGUE continued speaking on the Bill.

Senator DRUMMOND was recognized.

Senator PASSAILAIGUE asked unanimous consent to make a motion that it be the Sense of the Senate that the Senate conferees on H. 3610 insist that Proviso 14I regarding the regulation of motor vehicle management be deleted from the report.

There was no objection.

The question then was the adoption of the motion.

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

Courtney Gregory Hayes
Macaulay McConnell Mescher
O'Dell Passailaigue Peeler
Rose Russell Ryberg
Thomas Wilson

Bryan Cork Courson
Drummond Giese Glover
Holland Jackson Land
Lander Leatherman Leventis
Martin Matthews McGill
Mitchell Moore Patterson
Rankin Setzler Short
Smith, G. Smith, J.V. Stilwell
Waldrep Washington Williams

Ford

The Sense of the Senate motion was not adopted.

Senator PASSAILAIGUE continued speaking on the status report.

Senator PASSAILAIGUE asked unanimous consent to make a motion that it be the Sense of the Senate that the Senate conferees on H. 3610 insist that Section 47 be deleted from the report.

There was no objection.

The question then was the adoption of the Sense of the Senate motion.

The Sense of the Senate motion was adopted.

Senator PASSAILAIGUE asked unanimous consent to make a motion that it be the Sense of the Senate that the Senate conferees on H. 3610 insist that the Senate version of Section 71 be included in the report.

There was no objection.

The Sense of the Senate motion was adopted.

Senator ROSE was recognized to speak on the status report.

Senator ROSE asked unanimous consent to make a motion that it be the Sense of the Senate that the Senate conferees on H. 3610 insist that the Senate version of Section 107 be included in the report.

There was no objection.

The Sense of the Senate motion was adopted.

Senator WALDREP was recognized to speak on the status report.

Senator WALDREP asked unanimous consent to make a motion that it be the Sense of the Senate that the Senate conferees on H. 3610 insist that the funding authorized in Section 56 be included in the report using either House or Senate version.

There was no objection.

The Sense of the Senate motion was adopted.

Senator THOMAS was recognized to speak on the status report.

Senator J. VERNE SMITH was recognized to speak on the status report.

Senator LAND was recognized to speak on the status report.

Senator J. VERNE SMITH asked unanimous consent to make a motion that it be the Sense of the Senate that the Senate conferees on H. 3610 insist that the compromise on "C" funds holding nondonor counties harmless at the current rate of distribution and dividing an additional $9.5 million among the donor counties be included in the report.

There was no objection.

The Sense of the Senate motion was adopted.

Senator LEVENTIS was recognized to speak on the status report.

Senator LEVENTIS asked unanimous consent to make a motion that it be the Sense of the Senate that the Senate conferees on H. 3610 insist that anything less than $5,000 not protestable under the Procurement Code in Section 11 be included in the report.

There was no objection.

Senator LEATHERMAN spoke on the motion.

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

Senator GIESE was recognized to speak on the status report.

Senator SHORT was recognized to speak on the status report.

Senator SHORT asked unanimous consent to make a motion that it be the Sense of the Senate that the Senate conferees on H. 3610 insist that the Senate version of Proviso 39.39 be included in the report.

There was no objection.

The Sense of the Senate motion was adopted.

Senator PEELER was recognized to speak on the Bill.

Senator PEELER asked unanimous consent to make a motion that it be the Sense of the Senate that the Senate conferees on H. 3610 insist that the Senate version of Proviso 60, regarding matching funds for the Federation of Southern Cooperatives, be deleted from the report.

There was no objection.

The Sense of the Senate motion was adopted.

On motion of Senator DRUMMOND, with unanimous consent, Free Conference Powers were granted on those matters noted in the status report and in accordance with those motions regarding a Sense of the Senate and excluding any matter pertaining to the subject of restructuring.

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

H. 3546 -- Reps. Sheheen, Wilkins, Boan, Hodges, Jennings, Harwell, Corning and Thomas: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATION OF GOVERNMENT TO PROVIDE FOR THE ORGANIZATION, DUTIES, FUNCTIONS AND PROCEDURES OF THE VARIOUS DEPARTMENTS AND DIVISIONS. (Abbreviated Title)

Senator MOORE, Chairman of the Committee of Conference, was granted leave to address the body regarding a status report on the work of the Committee of Conference on the Bill.

Senator WILLIAMS was recognized to speak on the status report.

Senator WILLIAMS asked unanimous consent to make a motion that it be the Sense of the Senate that the Senate conferees be instructed to insist upon a seven-member board at DHEC empowered to set policy, handle permitting and to employ an executive director.

There was no objection.

Senator COURSON moved to amend the Sense of the Senate motion to have the board at DHEC constituted as a three-member board.

Senator MOORE spoke on the motion.

Senator JACKSON spoke on the motion.

The motion to amend the Sense of the Senate motion was tabled.

Senator SETZLER desired to be recorded as voting against the motion to table the amendment.

The question then was the adoption of the Sense of the Senate motion.

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

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

The Sense of the Senate motion was adopted.

Senator WILLIAMS asked unanimous consent to make a motion that Free Conference Powers be granted contingent upon the Conference Report containing language specifying a seven-member board at DHEC be empowered to set policy, handle permitting, and to employ an executive director.

There was no objection.

The question then was the adoption of the motion.

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

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

The motion was adopted.

Whereupon, the PRESIDENT appointed Senators MOORE, STILWELL and JACKSON to the Committee of Free Conference on the part of the Senate subject to the conditions stipulated in the motion by Senator WILLIAMS and a message was sent to the House accordingly.

Columbia, S.C., June 2, 1993

Mr. President and Members of the Senate:

The House respectfully informs your Honorable Body that it has appointed Reps. Hodges, Boan and Clyborne of the Committee of Free Conference on the part of the House on:
H. 3546 -- Reps. Sheheen, Wilkins, Boan, Hodges, Jennings, Harwell, Corning and Thomas: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATION OF GOVERNMENT TO PROVIDE FOR THE ORGANIZATION, DUTIES, FUNCTIONS AND PROCEDURES OF THE VARIOUS DEPARTMENTS AND DIVISIONS. (Abbreviated Title)
Very respectfully,
Speaker of the House

H. 3043 -- Rep. Scott: A BILL TO AMEND SECTION 22-3-800, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MAGISTRATE'S AUTHORITY TO SUSPEND SENTENCES IN CERTAIN CASES, SO AS TO PROVIDE THAT UP TO ONE HUNDRED HOURS OF COMMUNITY SERVICE MAY BE IMPOSED WHERE AN AMOUNT IS NOT PROVIDED OTHERWISE.

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

There was no objection.

The Senate resumed consideration of the Bill. The question being the third reading of the Bill.

Having voted on the prevailing side, Senator PASSAILAIGUE asked unanimous consent to make a motion to reconsider the vote whereby Amendment No. 4 (3043R005.ELP) proposed by Senator PASSAILAIGUE was adopted.

The motion to reconsider was adopted.

On motion of Senator PASSAILAIGUE, with unanimous consent, Amendment No. 4 was withdrawn.

Senator HAYES proposed the following Amendment No. 5 (3043R007.RWH), which was adopted:

Amend the amendment bearing document number 3043R002.DHH by adding the following sentence at the end of Section 22-1-25:

/ Any magistrate serving in office on the effective date of this section who has attained the age of seventy-two years prior to July 1, 1993, may continue to serve until January 1, 1994./

Amend title to conform.

Senator PEELER explained the amendment.

The amendment was adopted.

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

At 11:45 P.M., on motion of Senator HOLLAND, the Senate receded from business not to exceed five minutes.

At 11:55 P.M., the Senate resumed.

The following were introduced:

S. 819 -- Senator Matthews: A SENATE RESOLUTION TO CONGRATULATE MR. OSCAR L. KEMP OF CLEARWATER, SOUTH CAROLINA, ON HIS RETIREMENT FROM A LIFETIME OF DEDICATED SERVICE AS AN EDUCATOR IN OUR PUBLIC SCHOOLS, TO COMMEND HIM ON HIS MANY CONTRIBUTIONS TO HIS CHURCH AND THE COMMUNITY AND TO WISH HIM AND HIS FAMILY WELL IN HIS RETIREMENT.

The Senate Resolution was adopted.

S. 820 -- Senators Moore, Stilwell and Jackson: A SENATE RESOLUTION TO AUTHORIZE THE PRESIDENT OF THE SENATE AND THE PRESIDENT PRO TEMPORE, AS MAY BE NECESSARY, DURING THAT PERIOD OF TIME BETWEEN SINE DIE ADJOURNMENT OF THE 1993 SESSION AND THE CONVENING OF THE 1994 SESSION OF THE GENERAL ASSEMBLY, TO OFFICIALLY RECEIVE APPOINTMENTS MADE BY THE GOVERNOR AND SENT TO THE SENATE FOR ITS ADVICE AND CONSENT, AND TO REFER ANY SUCH APPOINTMENTS TO THE APPROPRIATE STANDING COMMITTEE FOR CONSIDERATION AND REPORT.

Whereas, under the provisions of H.3546, as and if passed by the General Assembly, the Governor is required to make certain appointments not later than December 1, 1993; and

Whereas, it is the intent of the Senate to be fully empowered to officially receive such appointments and take appropriate action during its interim; and

Whereas, it is the desire of the Senate to give fair, full, careful, and expeditious consideration to the appointments of the Governor. Now, therefore,

Be it resolved by the Senate:

That the President of the Senate and the President Pro Tempore, as may be necessary, are authorized during that period of time between Sine Die adjournment of the 1993 Session and the convening of the 1994 Session of the General Assembly, to officially receive appointments made by the Governor and sent to the Senate for its advice and consent, and to refer any such appointments to the appropriate standing committee for consideration and report.

The Senate Resolution was adopted.

S. 821 -- Senator Matthews: A BILL TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR ORANGEBURG COUNTY AND TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF ORANGEBURG COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION, AND PROVIDE FOR OTHER LOCAL ORANGEBURG COUNTY MATTERS.

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

On motion of Senator MATTHEWS, with unanimous consent, S. 821 was ordered to receive a second reading on Thursday, June 3, 1993.

Senator MATTHEWS asked unanimous consent to make a motion to place the Bill in the status of Adjourned Debate on third reading.

The motion was adopted.

S. 822 -- Senators Bryan, Moore, Thomas, Russell, Ford, Jackson, Martin, Richter and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-695 SO AS TO REQUIRE RETAILERS SELLING TOBACCO PRODUCTS TO OBTAIN A TOBACCO SALES LICENSE FROM THE SOUTH CAROLINA TAX COMMISSION, TO ALLOW TOBACCO PRODUCTS SALES ONLY TO PERSONS EIGHTEEN YEARS OF AGE OR OLDER, AND TO PROVIDE PENALTIES; TO ADD SECTION 16-17-505 SO AS TO CREATE OFFENSES FOR DISTRIBUTING TOBACCO SAMPLES, COUPONS, OR OTHER PROMOTIONAL MATERIALS TO PERSONS UNDER EIGHTEEN YEARS OF AGE AND TO PROVIDE PENALTIES AND AN AFFIRMATIVE DEFENSE; TO REQUIRE THE SOUTH CAROLINA TAX COMMISSION TO PROVIDE INFORMATION ON TOBACCO SALES LICENSES TO AFFECTED RETAIL LICENSE HOLDERS; AND TO REPEAL SECTION 16-17-500 RELATING TO THE UNLAWFUL SALE OF TOBACCO PRODUCTS TO MINORS.

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

H. 4282 -- Rep. Corning: A CONCURRENT RESOLUTION TO CONGRATULATE THE RICHLAND NORTHEAST HIGH SCHOOL'S MODEL UNITED NATIONS TEAM FOR WINNING A FIRST PLACE GOLD MEDAL AWARD OF DISTINCTION AT THE NATIONAL HIGH SCHOOL MODEL UNITED NATIONS CONFERENCE AND TO COMMEND THEM FOR THEIR DEDICATION, DILIGENCE, AND HARD WORK.

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

S. 803 -- Senators Williams, Holland, Land and McConnell: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 3, 1993, THEY SHALL STAND ADJOURNED TO MEET IN STATEWIDE SESSION AT 10:00 A.M. ON THURSDAY, JUNE 17, 1993, FOR CONSIDERATION OF GUBERNATORIAL VETOES AND TO PROVIDE THAT THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE ARE AUTHORIZED TO MEET FOR THE RATIFICATION OF ACTS ON JUNE 10, 1993 AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE THURSDAY, JUNE 17, 1993, NOT LATER THAN 5:00 P.M.

The House returned the Resolution with amendments.

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

There was no objection.

Senator McCONNELL spoke on the Resolution.

Senators HOLLAND, LAND and McCONNELL proposed the following amendment (803R001.DHH), which was adopted:

Amend the resolution, as and if amended, by striking all after the resolving clause and inserting:

/That the mandatory Sine Die adjournment date for the General Assembly prescribed in Section 2-1-180 of the 1976 Code is extended, as authorized by that code section, to permit the General Assembly to continue in session under the terms and conditions set forth below. When the respective houses adjourn on Thursday, June 3, 1993, at 5:00 p.m., each House shall stand adjourned to meet under the following terms and conditions:

(1) When the respective Houses of the General Assembly adjourn on Thursday, June 3, 1993, at 5:00 p.m., they shall stand adjourned to meet at 10:00 a.m. on June 7, 8, 9, 10, and 11, 1993, for consideration of local and uncontested matters which have the unanimous consent of the members of the delegation affected by the legislation, provided, that the President of the Senate and the Speaker of the House are authorized to meet on Thursday, June 10, 1993, for the ratification of acts which have been enrolled prior to that date;

(2) When the General Assembly adjourns on Friday, June 11, it shall stand adjourned subject to the President Pro Tempore of the Senate and the Speaker of the House calling their respective bodies in the statewide session as may be necessary to consider gubernatorial vetoes, receipt and confirmation of appointments, ratification of acts, local matters where the affected delegation is unanimous and to complete consideration of the conference and free conference reports and to provide that on the legislative day when H.3610 and H.3546 have been ratified and delivered to the Governor for his signature, the General Assembly shall stand adjourned provided that the President Pro Tempore and the Speaker of the House are authorized to call the respective bodies into statewide session no earlier than 11:00 a.m. on the seventh day after the Monday following the date on which H.3610 and H.3546 have been delivered to the Governor for his signature, Sunday excepted, and whenever the respective bodies adjourn after that day, they shall stand adjourned Sine Die not later than 5:00 p.m./

Renumber sections to conform.

Amend totals and title to conform.

Senator McCONNELL explained the amendment.

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

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

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

There was no objection.

S. 377 -- Fish, Game & Forestry Committee: JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT, RELATING TO HUNT UNITS AND WILDLIFE MANAGEMENT AREAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1576, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

There was no objection.

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

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

H. 3151 -- Reps. Wilkins, Hodges, Jennings and Clyborne: A BILL TO AMEND SECTION 16-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FELONIES, SO AS TO PROVIDE A CLASSIFICATION SYSTEM FOR ALL FELONY AND MISDEMEANOR CRIMES AND OFFENSES AND EXCEPTIONS; TO AMEND SECTION 16-1-20, RELATING TO CLASSIFICATION OF OTHER CRIMES, SO AS TO PROVIDE THE MAXIMUM TERM OF IMPRISONMENT, TO EXEMPT OFFENSES WHICH REFER TO A MANDATORY MINIMUM TERM OF IMPRISONMENT, AND TO PROVIDE EXCEPTIONS; TO REQUIRE ALL NEW OFFENSES TO BE CLASSIFIED PURSUANT TO SECTIONS 16-1-10 AND 16-1-20; AND TO MAKE GRAMMATICAL CHANGES; (Abbreviated Title)

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

There was no objection.

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

Senator HOLLAND proposed the following amendment (JUD3151.005), which was adopted:

Amend the committee report, as and if amended, page [3151-24], beginning on line 25, in Section 16-13-110(B), by striking item (1) in its entirety, and inserting therein the following:

/ (1) misdemeanor triable in magistrate's court and, upon conviction, shall must be punished in accordance with the following: (1) By a fine of fined not more than six five hundred dollars or imprisonment for imprisoned not more than six months thirty days, or both, for the first offense. If if the value of the shoplifted merchandise is less than fifty one thousand dollars or less, the punishment must be a fine of not more than two hundred dollars or imprisonment for not more than thirty days. / .

Amend title to conform.

The Judiciary Committee proposed the following amendment (JUD3151.004), which was adopted:

Amend the bill, as and if amended, page 9, line 18, in Section 16-1-10(C), as contained in SECTION 1, by striking line 18 and inserting therein the following:

/ imprisonment of less than one year are misdemeanors / .

Amend the bill further, as and if amended, page 11, line 28, in Section 16-1-10(D), as contained in SECTION 1, by inserting immediately after line 28 the following:

/ 44-53-370 Prohibited Acts, penalties
(e)(5)(a)3 (trafficking in LSD, 100 dosage units or more, but less than 500 dosage units)
Third or subsequent offense

44-53-370 Prohibited Acts, penalties

(e)(5)(b)3 (trafficking in LSD, 500 dosage units or more, but less than 1,000 dosage units)
Third or subsequent offense
44-53-370 Prohibited Acts, penalties
(e)(5)(c) (trafficking in LSD, 1,000 dosage units or more) / .

Amend the bill further, as and if amended, page 11, beginning on line 29, in Section 16-1-10(D), as contained in SECTION 1, by striking lines 29 through 38 and inserting therein the following:

/ 44-53-375 Trafficking in ice, crank, or crack cocaine

(C)(1)(c) 10 grams or more, but less than 28 grams
Third or subsequent offense

44-53-375 Trafficking in ice, crank, or crack cocaine

(C)(2)(c) 28 grams or more, but less than 100 grams
Third or subsequent offense
44-53-375 Trafficking in ice, crank, or crack cocaine

(C)(3) 100 grams or more, but less than 200 grams

44-53-375 Trafficking in ice, crank, or crack cocaine

(C)(4) 200 grams or more, but less than 400 grams
44-53-375 Trafficking in ice, crank, or crack cocaine

(C)(5) 400 grams or more / .

Amend the bill further, as and if amended, page 14, line 7, by adding an appropriately numbered SECTION to read:

/SECTION . The 1976 Code is amended by adding:

"Section 16-1-57. A person convicted of an offense for which the term of imprisonment is contingent upon the value of the property involved must, upon conviction for a third or subsequent offense for such violation involving the value of property in an equal or greater amount, be fined, imprisoned, or both based upon the classification above the punishment provided for the principal offense." / .

Amend the bill further, as and if amended, page 14, beginning on line 11, in Section 16-1-60, as contained in SECTION 7, by striking Section 16-1-60 in its entirety and inserting therein the following:

/ "Section 16-1-60. (A) For purposes of definition under South Carolina law a violent crime includes the offenses of murder (Section 16-3-10),; criminal sexual conduct in the first and second degree, (Sections 16-3-652 and 16-3-653); criminal sexual conduct with minors (Section 16-3-655); assault with intent to commit criminal sexual conduct (Section 16-3-656); assault and battery with intent to kill, (Section 16-3-620); kidnapping, (Section 16-3-910); voluntary manslaughter, (Section 16-3-50); armed robbery, (Section 16-11-330); drug trafficking as defined in Section 44-53-370(e),; arson in the first degree, (Section 16-11-310(A)); burglary in the first degree, (Section 16-11-311); and burglary in the second degree under (Section 16-11-312(B)).

(B) For a person to be considered guilty of a violent crime, the offense must be defined as a violent crime pursuant to subsection (A) at the time of the commission of the crime." / .

Amend the bill further, as and if amended, page 15, beginning on line 10, in Section 16-1-90(A), as contained in SECTION 8, by striking lines 10 and 11 in their entirety.

Amend the bill further, as and if amended, page 15, line 26, in Section 16-1-90(A), as contained in SECTION 8, by inserting immediately after line 26 the following:

/ 44-53-370 Prohibited Acts, penalties

(e)(2)(b)2 (trafficking in cocaine, 28 grams or more, but less than 100 grams
Second offense

44-53-370 Prohibited Acts, penalties

(e)(5)(a)2 (trafficking in LSD, 100 dosage units or more, but less than 500 dosage units)
Second offense

44-53-370 Prohibited Acts, penalties

(e)(5)(b)2 (trafficking in LSD, 500 dosage units or more, but less than 1,000 dosage units)
Second offense

44-53-375 Manufacture, distribution, etc., ice, crank, or crack

(B)(3) cocaine
Third or subsequent offense

44-53-375 Trafficking in ice, crank, or crack cocaine

(C)(1)(b) (10 grams or more, but less than 28 grams)
Second offense

44-53-375 Trafficking in ice, crank, or crack cocaine

(C)(2)(b) (28 grams or more, but less than 100 grams)
Second offense / .

Amend the bill further, as and if amended, page 15, line 39, in Section 16-1-90(B), as contained in SECTION 8, by inserting immediately after line 39 the following:

/ 16-11-330(A) Robbery while armed with a deadly weapon / .

Amend the bill further, as and if amended, page 16, line 2, in Section 16-1-90(B), as contained in SECTION 8, by inserting immediately after line 2 the following:

/ 44-53-370 Prohibited Acts, penalties

(e)(2)(b)1 (trafficking in cocaine, 28 grams or more, but less than 100 grams)
First offense / .

Amend the bill further, as and if amended, page 16, line 6, in Section 16-1-90(B), as contained in SECTION 8, by inserting immediately after line 6 the following:

/ 44-53-370 Prohibited Acts, penalties

(e)(5)(b)1 (trafficking in LSD, 500 dosage units or more, but less than 1000 dosage units
First offense

44-53-375 Manufacture, distribution, etc., ice, crank, or crack

(B)(2) cocaine
Second offense

44-53-375 Trafficking in ice, crank, crack cocaine

(C)(2)(a) 28 grams or more, but less than 100 grams
First offense / .

Amend the bill further, as and if amended, page 16, beginning on line 30, in Section 16-1-90(C), as contained in SECTION 8, by striking lines 30 through 37 and inserting therein the following:

/ 16-3-655(2) Criminal sexual conduct with minor - victim 14 years of age or less, but who is at least 11 years of age
Second degree

16-3-655(3) Criminal sexual conduct with minor - victim less than 16 years of age, but who is at least 14 years of age

Second degree / .

Amend the bill further, as and if amended, page 17, beginning on line 32, in Section 16-1-90(C), as contained in SECTION 8, by striking lines 32 through 39 and inserting therein the following:

/ 58-15-870 Injuring railroad or electric railway generally if act endangers life

(D) The following offenses are Class D felonies and the maximum terms established for a Class D felony, as set forth in Section 16-1-20(A), apply: /.

Amend the bill further, as and if amended, page 18, line 10, in Section 16-1-90(D), as contained in SECTION 8, by inserting immediately after line 10 the following:

/ 44-53-375 Possession of less than 1 gram of ice, crank, or crack

(A)(3) cocaine
Third or subsequent offense

44-53-375 Manufacture, distribution, etc., ice, crank, or crack

(B)(1) cocaine
First offense / .

Amend the bill further, as and if amended, page 18, beginning on line 17, in Section 16-1-90(D), as contained in SECTION 8, by striking lines 17 through 21.

Amend the bill further, as and if amended, page 18, line 26, in Section 16-1-90(E), as contained in SECTION 8, by inserting immediately after line 26 the following:

/ 7-25-60 Procuring or offering to procure votes by bribery
Second or subsequent offense / .

Amend the bill further, as and if amended, page 19, line 28, in Section 16-1-90(E), as contained in SECTION 8, by striking /$1000/ and inserting therein:

/ $5,000 / .

Amend the bill further, as and if amended, page 19, line 31, in Section 16-1-90(E), as contained in SECTION 8, by striking /$1000/ and inserting therein:

/ $5,000 / .

Amend the bill further, as and if amended, page 19, beginning on line 39, in Section 16-1-90(E), as contained in SECTION 8, by striking lines 39 through line 36 on page 20 and inserting therein:

/ 16-13-10 Forgery (value $5000 or more)

(B)(1)

16-13-30 Grand larceny (value $5000

(B)(2) or more)

16-13-40(3) Stealing of bonds and the like

(value $5000 or more)

16-13-50(1) Stealing livestock, confiscation

of motor vehicle or other

chattel (value $5000 or more)

16-13-70 Stealing of vessels and equipment,

(B)(1) payment of damages (value $5000 or more)

16-13-110 Shoplifting (value $5000 or

(B)(3) more)

16-13-170 Entering house or vessel without

breaking in with intent to steal,

attempt to enter

16-13-180(3) Receiving stolen goods (value

$5000 or more)

16-13-210(1) Embezzlement of public funds

(value $5000 or more)

16-13-230 Breach of trust with fraudulent

(B)(3) intent (value $5000 or more)

16-13-240(1) Obtaining signature or property

by false pretenses (value $5000

or more)

16-13-260(1) Obtaining property under false

tokens or letters (value $5000 or more)

16-13-290(1) Securing property by fraudulent

impersonation of officer over $200

16-13-420 Failure to return rented objects,

(B)(1) fraudulent appropriation (value

$5000 or more)

16-13-425(3) Unlawful failure to return

rented video or cassette tape

(value $5000 or more)

16-13-430 Fraudulent acquisition or use

(C)(1) of food stamps (value $5000 or more) / .

Amend the bill further, as and if amended, page 21, beginning on line 10, in Section 16-1-90(E), as contained in SECTION 8, by striking lines 10 through 12 and inserting therein:

/ 16-21-80(3) Receiving, possessing,

concealing, selling, or

disposing of stolen vehicle

(value $5000 or more) / .

Amend the bill further, as and if amended, page 22, line 41, in Section 16-1-90(E), as contained in SECTION 8, by striking line 41 and inserting the following:
/ (value $5000 or more)

39-73-325 Violation of regulation under State Commodity Code /.

Amend the bill further, as and if amended, page 23, line 33, in Section 16-1-90(E), as contained in SECTION 8, by inserting immediately after line 33 the following:

/ 44-53-370 Prohibited Acts, penalties
(e)(5)(a)1 (trafficking in LSD, 100 dosage units or more, but less than 500 dosage units)
First offense

Amend the bill further, as and if amended, page 23, beginning on line 34, in Section 16-1-90(E), as contained in SECTION 8, by striking lines 34 through 36, and inserting therein the following:

/ 44-53-375 Trafficking in ice, crank, or crack cocaine

(C)(1)(a) 10 grams or more, but less than 28 grams
First offense / .

Amend the bill further, as and if amended, page 24, beginning on line 4, in Section 16-1-90(E), as contained in SECTION 8, by striking lines 4 through 20 and inserting therein the following:

/ 46-1-20(1) Stealing crops from the field (value $5000 or more)

46-1-40(1) Stealing tobacco plants from bed (value $5000 or more)

46-1-60 Making away with produce before

(B)(1) payment (value $5000 or more)

46-1-70 Factors or commission merchants

(B)(1) failing to account for produce (value $5000 or more)

47-19-120 Interference with person

(C)(2) performing official duties under chapter on poultry inspection - use of deadly weapon in commission of violation

49-1-50 Sale of drifted boats, timber,

(C)(1) (lumber), and other property (value $5000 or more) / .

Amend the bill further, as and if amended, page 24, line 33, in Section 16-1-90(E), as contained in SECTION 8, by inserting immediately after line 33 the following:

/ 56-5-2945 Causing great bodily injury by operating vehicle

(A)(1) while under influence of drugs or alcohol / .

Amend the bill further, as and if amended, page 24, line 42, in Section 16-1-90(F), as contained in SECTION 8, by inserting immediately after line 42 the following:
/ 7-25-50 Bribery at elections
First offense

7-25-60 Procuring or offering to procure votes by bribery
First offense / .

Amend the bill further, as and if amended, page 26, beginning on line 27, in Section 16-1-90(F), as contained in SECTION 8, by striking lines 27 through 32 and inserting therein the following:

/ 16-11-510 Malicious injury to animals and

(B)(2) personal property (value over $1000, up to $5000)

16-11-520 Malicious injury to real property

(B)(2) (value over $1000, up to $5000) / .

Amend the bill further, as and if amended, page 27, beginning on line 1, in Section 16-1-90(F), as contained in SECTION 8, by striking lines 1 through 43 and inserting therein the following:

/ 16-13-10 Forgery (value over $1000, up to

(B)(2) $5000)

16-13-30 Grand larceny (value over

(B)(1) $1000, up to $5000)

16-13-40(2) Stealing of bonds and the like (value over $1000, up to $5000)

16-13-50(2) Stealing livestock, confiscation of motor vehicle or other chattel (value over $1000, up to $5000)

16-13-70 Stealing of vessels and equipment

(B)(2) - payment of damages (value over $1000, up to $5000)

16-13-110 Shoplifting (value over $1000,

(B)(2) up to $5000)

16-13-160 Breaking into motor vehicles or tanks, pumps and other containers where fuel or lubricants are stored

16-13-180(2) Receiving stolen goods (value over $1000, up to $5000)

16-13-210(2) Embezzlement of public funds (value over $1000, up to $5000)

16-13-230 Breach of trust with

(B)(2) fraudulent intent (value over $1000, up to $5000)

16-13-240(2) Obtaining signature or property by false pretenses (value over $1000, up to $5000)

16-13-260(2) Obtaining property under false tokens or letters (value over $1000, up to $5000)

16-13-420 Failure to return rented

(B)(2) objects, fraudulent appropriation (value over $1000, up to $5000)

16-13-425(2) Unlawful failure to return rented video or cassette tape (value over $1000, up to $5000)

16-13-430 Fraudulent acquisition or use

(C)(2) of food stamps (value over $1000, up to $5000) / .

Amend the bill further, as and if amended, page 28, beginning on line 43, in Section 16-1-90(F), as contained in SECTION 8, by striking line 43 through line 2 on page 29 and inserting therein the following:

/ 16-21-80(2) Receiving, possessing,concealing,

selling, or disposing of stolen vehicle

(value over $1000, up to $5000) / .

Amend the bill further, as and if amended, page 30, line 14, in Section 16-1-90(F), as contained in SECTION 8, by striking /$200, up to $1000)/ and inserting therein:

/ $1000, up to $5000) / .

Amend the bill further, as and if amended, page 31, line 8, in Section 16-1-90(F), as contained in SECTION 8, by striking the word /First/ and inserting therein the word:

/ Second / .

Amend the bill further, as and if amended, page 31, beginning on line 14, in Section 16-1-90(F), as contained in SECTION 8, by striking lines 14 through 33 and inserting therein the following:

/ 46-1-20(2) Stealing crops from the field (value over $1000, up to $5000)

46-1-40(2) Stealing tobacco plants from bed (value over $1000, up to $5000)

46-1-60 Making away with produce before

(B)(2) payment (value over $1000, up to $5000)

46-1-70 Factors or commission merchants

(B)(2) failing to account for produce (value over $1000, up to $5000)

46-41-30(2) Unlawful to engage in business as dealer without license, (agricultural products)

Second or subsequent offenses

47-3-760 Penalty for owner of dangerous

(B)(2) animal which attacks and injures a human

Second or subsequent offenses

49-1-50 Sale of drifted lumber or timber

(C)(2) (value over $1000, up to $5000) / .

Amend the bill further, as and if amended, page 33, beginning on line 16, in Section 16-1-100(A), as contained in SECTION 8, by striking lines 16 and 17 in their entirety.

Amend the bill further, as and if amended, page 37, line 31, in Section 16-1-100(A), as contained in SECTION 8, by inserting immediately after line 31 the following:

/ 44-53-375 Possession of less than 1 gram of ice, crank, or crack

(A)(1) cocaine
First offense / .

Amend the bill further, as and if amended, page 40, in Section 16-1-100(B), as contained in SECTION 8, by inserting immediately after line 21 the following:

/ 16-17-10 Barratry / .

Amend the bill further, as and if amended, beginning on page 62, line 22, as contained in SECTION 9, by striking Section 7-25-50 in its entirety and inserting therein the following:

/ "Section 7-25-50. If It is unlawful for a person to procure, by the payment, delivery, or promise of money or other article of value, another to vote for or against any particular candidate or measure at any election held within this State, whether general, special, or primary, for members of the Congress of the United States, members of the General Assembly of this State, sheriff, clerk, judge of probate or other county officer, mayor, and aldermen of any city or intendant and wardens of any incorporated town, or at any other election held within this State,. any person shall, by the payment, delivery, or promise of money or other article of value, procure another to vote for or against any particular candidate or measure, the It is also unlawful for a person to accept such procurements. The person so promising and the person so voting shall are each be guilty of a misdemeanor felony and, upon conviction thereof, shall, for the first offense, must be fined in any sum not less than one hundred dollars nor more than five hundred dollars and imprisoned for any period of time not less than one month nor more than six months five years., and, Upon conviction for the a second or subsequent offense, shall be the person must be fined in any sum not less than five hundred dollars nor more than five thousand dollars and imprisoned for any period of time not less than three months nor more than twelve months ten years." / .

Amend the bill further, as and if amended, page 63, line 7, by adding an appropriately numbered SECTION to read:

/ SECTION . Section 7-25-60 of the 1976 Code is amended to read:

"Section 7-25-60. (A) It is unlawful for If at any election, general, special or primary, any a person shall at any election to:

(1) procure, or offer or propose to procure, another, by the payment, delivery, or promise of money or other article of value, to vote for or against any particular candidate or measure; or

(2) shall vote, offer, or propose to vote for or against any particular candidate or measure for the consideration of money or other article of value paid, delivered, or promised, vote or offer or propose to vote for or against any particular candidate or measure, such person shall be.

(B) A person who violates the provisions of this section is guilty of a misdemeanor and, upon felony. Upon conviction for a first offense thereof, shall the person must be fined in the discretion of the court and imprisoned, at the discretion of the court not more than five years. Upon conviction for a second or subsequent offense, the person must be fined in the discretion of the court and imprisoned not more than ten years." / .

Amend the bill further, as and if amended, beginning on page 73, line 22, as contained in SECTION 30, by striking Section 16-3-290 in its entirety and inserting therein the following:

/ "Section 16-13-290. Whoever It is unlawful for a person, with intent to defraud either the State, any a county, or municipal government thereof or any person, shall take upon himself to act as an officer or shall in such pretensive or pretended character and demand, obtain, or receive from any a person or any an officer of the State, county, or municipal government any money, paper, document, or other valuable things. A person who violates the provisions of this section shall be is guilty of a:

(1) misdemeanor felony and, upon conviction, must be punished by fine fined in the discretion of the court or imprisonment or by fine and imprisonment, in the discretion of the court; provided, that if the property or thing obtained shall be of less value than twenty dollars imprisoned not more than ten years, or both, if the property or thing obtained has a value of more than two hundred dollars.

(2) misdemeanor triable in magistrate's court, and, upon conviction, the punishment shall must be by fine fined not to exceed more than one hundred dollars or imprisonment for imprisoned not more than thirty days and the magistrate's court shall have jurisdiction of the offense if the property or thing obtained has a value of two hundred dollars or less." / .

Amend the bill further, as and if amended, page 84, line 13, in Section 16-23-490(A), as contained in SECTION 49, by striking the word /the/ and inserting therein:

/ the a / .

Amend the bill further, as and if amended, page 97, beginning on line 37, by striking SECTION 72 in its entirety and inserting therein the following:

/ SECTION 72. Section 44-53-375 of the 1976 Code, as last amended by an Act of 1993 bearing Ratification Number 114, is further amended to read:

"Section 44-53-375. (A) A person possessing or attempting to possess less than one gram of ice, crank, or crack cocaine, as defined in Section 44-53-110:

(1) for a first offense, is guilty of a misdemeanor and, upon conviction, must be imprisoned for a term of not more than five three years and fined not less than five thousand dollars. For a first offense the court, upon approval of the solicitor, may require as part of a sentence that the offender enter and successfully complete a drug treatment and rehabilitation program;

(2) for a second offense, is guilty of a felony and, upon conviction, must be imprisoned for not more than seven five years and fined not less than ten thousand dollars;

(3) for a third or subsequent offense, is guilty of a felony and, upon conviction, must be imprisoned for not more than fifteen years and fined not less than fifteen thousand dollars.

(B) a person who manufactures, distributes, dispenses, delivers, purchases, or otherwise aids, abets, attempts, or conspires to manufacture, distribute, dispense, deliver, or purchase, or possesses with intent to distribute, dispense, or deliver ice, crank, or crack cocaine, in violation of the provisions of Section 44-53-370, is guilty of a felony and, upon conviction:

(1) for a first offense, must be sentenced to a term of imprisonment of not more than fifteen years and fined not less than twenty-five thousand dollars;

(2) for a second offense or if, in the case of a first conviction of a violation of this section, the offender has been convicted of any of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, the offender must be imprisoned for not more than twenty-five years and fined not less than fifty thousand dollars;

(3) for a third or subsequent offense or if the offender has been convicted two or more times in the aggregate of any violation of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, the offender must be imprisoned for not more than thirty years and fined not less than one hundred thousand dollars.

Possession of one or more grams of ice, crank, or crack cocaine is prima facie evidence of a violation of this subsection.

(C) A person who knowingly sells, manufactures, delivers, purchases, or brings into this State, or who provides financial assistance or otherwise aids, abets, attempts, or conspires to sell, manufacture, deliver, purchase, or bring into this State, or who is knowingly in actual or constructive possession or who knowingly attempts to become in actual or constructive possession of ten grams or more of ice, crank, or crack cocaine, as defined and otherwise limited in Sections 44-53-110, 44-53-210(b)(4), 44-53-210(d)(1), or 44-53-210(d)(2), is guilty of a felony which is known as `trafficking in ice, crank, or crack cocaine' and, upon conviction, must be punished as follows if the quantity involved is:

(1) ten grams or more, but less than twenty-eight grams:

(a) for a first offense, a term of imprisonment of not less than three years nor more than ten years, no part of which may be suspended nor probation granted, and a fine of twenty-five thousand dollars;

(b) for a second offense, a term of imprisonment of not less than five years nor more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;

(c) for a third or subsequent offense, a mandatory minimum term of imprisonment of not less than twenty-five years nor more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;

(2) twenty-eight grams or more, but less than one hundred grams:

(a) for a first offense, a term of imprisonment of not less than seven years nor more than twenty-five years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;

(b) for a second offense, a term of imprisonment of not less than seven years nor more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;

(c) for a third or subsequent offense, a mandatory minimum term of imprisonment of not less than twenty-five years and not more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;

(3) one hundred grams or more, but less than two hundred grams, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;

(4) two hundred grams or more, but less than four hundred grams, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of one hundred thousand dollars;

(5) four hundred grams or more, a term of imprisonment of not less than twenty-five years nor more than thirty years with a mandatory minimum term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of two hundred thousand dollars.

(D) Except for a first offense, as provided in subsection (A) of this section, sentences for violation of the provisions of this section may not be suspended and probation may not be granted." / .

Amend the bill further, as and if amended, page 121, beginning on line 9, in Section 47-3-760(B), as contained in SECTION 99, by striking subsection (B) in its entirety and inserting therein the following:

/ "(B) A person who is the owner of a dangerous animal which attacks and injures a human being in violation of Section 47-3-710(A)(2)(a):

(1) for a first offense, is guilty of a felony misdemeanor and, upon conviction, for a first offense, must be fined not more than five thousand dollars or imprisoned not more than thirty-six months and, three years;

(2) for a second or subsequent offense, is guilty of a felony and, upon conviction, of a subsequent offense, must be fined not more than ten thousand dollars or imprisoned not more than five years." / .

Amend the bill further, as and if amended, page 122, beginning on line 19, by striking line 19 on page 122 through line 5 on page 142 and inserting therein the following:

/ SECTION . Section 16-11-510 of the 1976 Code is amended to read:

"Section 16-11-510. (A) Whoever shall It is unlawful for a person to wilfully, unlawfully and maliciously cut, shoot, maim, wound or otherwise injure or destroy any a horse, mule, neat cattle, hog, sheep, goat, or any other kind, class, article, or description of personal property, or the goods and chattles chattels of another, shall be.

(B) A person who violates the provisions of this section is guilty of a:

(1) misdemeanor felony and, upon conviction thereof, shall must be fined in the discretion of the court or imprisoned, at the discretion of the judge before whom the case shall be tried; provided, that when the injury or loss of the property affected by such act is less than two hundred dollars the case shall be triable in the magistrate's court and the punishment shall be not more than is permitted by law without presentment or indictment by the grand jury ten years, or both, if the value of the property is five thousand dollars or more.

(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both, if the value of the property is more than one thousand dollars but less than five thousand dollars.

(3) misdemeanor triable in magistrate's court if the injury or loss of property is one thousand dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury."

SECTION . Section 16-11-520 of the 1976 Code is amended to read:

"Section 16-11-520. (A) Whoever shall It is unlawful for a person to wilfully, unlawfully, and maliciously cut, mutilate, deface, or otherwise injure any a tree, house, outside fence, or fixture of another or commit any other trespass upon real property in the possession of another shall be.

(B) A person who violates the provisions of this section is guilty of a:

(1) misdemeanor felony and, upon conviction thereof, shall must be fined in the discretion of the court and or imprisoned, at the discretion of the judge before whom the case shall be tried; provided, that when the damage to such property is less than two hundred dollars the case shall be triable in the magistrate's court and the punishment shall be not more than is permitted by law without presentment or indictment of the grand jury not more than ten years if the amount of injury or damage to the property is five thousand dollars or more;.

(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years if the amount of injury or damage to the property is more than one thousand dollars but less than five thousand dollars.

(3) misdemeanor triable in magistrate's court if the amount of injury or damage to the property is one thousand dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment of the grand jury."

SECTION . Section 16-13-10 of the 1976 Code is amended to read:

"Section 16-13-10. (A) Whoever shall be convicted It is unlawful for a person to:

(a) of (1) falsely making, forging or counterfeiting, causing or procuring make, forge, or counterfeit; cause or procure to be falsely made, forged, or counterfeited; or wilfully acting or assisting act or assist in the false making, forging, or counterfeiting of any writing or instrument of writing,;

(b) of (2) uttering or publishing utter or publish as true any false, forged, or counterfeited writing or instrument of writing,;

(c) of (3) falsely making, forging, counterfeiting, altering, changing, defacing or erasing or causing or procuring make, forge, counterfeit, alter, change, deface, or erase; or cause or procure to be falsely made, forged, counterfeited, altered, changed, defaced, or erased any record or plat of land; or

(d) of (4) willingly acting or assisting act or assist in any of the premises, with an intention to defraud any person,.

(B) A person who violates the provisions of this section is shall be guilty of forgery and shall be shall be sentenced to be imprisoned not less than one year nor more than seven years and also to pay such fine as may be judged expedient, at in the discretion of the judge who may try the case; provided, that if the amount obtained or sought to be obtained upon the forged instrument be less than twenty dollars, the punishment shall be within the discretion of the judge a:

(1) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years if the amount of the forgery is five thousand dollars or more.

(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years if the amount of the forgery is less than five thousand dollars but more than one thousand dollars.

(3) misdemeanor triable in magistrate's court if the amount of the forgery is one thousand dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury.

If the forgery does not involve a dollar amount, the person is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years."

SECTION . Section 16-13-30 of the 1976 Code is amended to read:

"Section 16-13-30. (A) Any simple Simple larceny of any article of goods, choses in action, bank bills, bills receivable, chattels, or other article of personalty of which by law larceny may be committed or of any such fixture, or part, or product of the soil as was severed from the soil by an unlawful act, or the has a value of less than two hundred one thousand dollars or less, shall be is petit larceny, a misdemeanor, and considered petit larceny, shall be triable in the magistrate's court. and the punishment shall Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury.

(B) Larceny of goods, chattels, instruments, or other personalty valued in excess of one thousand dollars is grand larceny. Upon conviction, the person is guilty of a felony and must be fined in the discretion of the court or imprisoned not more than:

(1) five years if the value of the personalty is more than one thousand dollars but less than five thousand dollars.

(2) ten years if the value of the personalty is five thousand dollars or more."

SECTION . Section 16-13-40 of the 1976 Code is amended to read:

"Section 16-13-40. The stealing It is unlawful for a person to steal or taking take by robbery of any a bond, warrant, bill, or promissory note for the payment or securing the payment of any money belonging to another. , being the property of any other person, notwithstanding any of such instruments are termed in law choses in action, shall be deemed and construed to be a felony

A person who violates the provisions of this section is guilty of a:

(1) misdemeanor triable in magistrate's court if the instrument stolen or taken be of or above has a the value of twenty one thousand dollars or less and a misdemeanor if such instrument be below the value of twenty dollars. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury.

(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years if the value of the instrument stolen or taken is more than one thousand dollars but less than five thousand dollars.

(3) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years if the instrument stolen or taken has a value of five thousand dollars or more.

Any such offender shall suffer such punishment as if he had stolen other goods of the like value with the moneys due on such bond, warrant, bill or note, respectively, or secured thereby and remaining unsatisfied."

SECTION . Section 16-13-50 of the 1976 Code is amended to read:

"Section 16-13-50. Any A person found guilty convicted of the larceny of any a horse, mule, cow, hog or any other livestock shall is guilty of a:

(a) (1) For the first offense be imprisoned for a period of not less than three months nor more than felony and, upon conviction, must be imprisoned not more than ten years or be fined not more than twenty-five hundred dollars, or both, in the discretion of the court if the value of the livestock is five thousand dollars or more;.

(b) (2) For the second offense be imprisoned for a period of not less than one year nor more than fifteen felony and, upon conviction, must be imprisoned not more than five years or be fined not more than twenty-five hundred dollars, or both, in the discretion of the court if the value of the livestock is more than one thousand dollars but less than five thousand dollars; and

(c) For a subsequent offense be imprisoned for a period of not less than five years nor more than twenty-five years.

(3) Provided, that if misdemeanor triable in magistrate's court if the value of such property stolen is less than fifty dollars the case shall be triable in magistrate's court and the punishment shall be the livestock is one thousand dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury.

Any A motor vehicle or other chattel used by or found in possession of any a person engaged in the commission of the above a crime under this section is shall be subject to confiscation and shall must be confiscated and sold under the provisions of Section 27-21-10."

SECTION . Section 16-13-70 of the 1976 Code is amended to read:

"Section 16-13-70. (A) Whoever shall It is unlawful for a person to steal, take away, or let loose any boat, piragua, or canoe; or steal or take away any grappling, painter, rope, sail, or oar from any landing or place whatsoever where the owner or person in whose service or employ the thing stolen, taken away, or let loose was last attached had made fast or laid the same, except boats or canoes let loose from another boat, canoe, or vessel, shall be liable to such fine as the court of general sessions shall impose in its discretion if the matter of fact be felony or larceny and.

(B) A person who violates the provisions of this section is guilty of a:

(1) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years if the value of the property is five thousand dollars or more.

(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years if the value of the property is more than one thousand dollars but less than five thousand dollars.

(3) misdemeanor triable in magistrate's court if the value of the property is one thousand dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury.

In addition to the punishment specified in this section, the person must make good to the person injured all damages he shall sustain sustained and, if the matter be a trespass only, the person committing such the offense shall make good to the person injured all damages that may accure accrued thereby and moreover forfeit and pay for every time he shall be found guilty the sum of twenty dollars, one moiety thereof to be paid to the State Treasurer for the public use and the other moiety to him or them that will sue and prosecute for the same in any court of competent jurisdiction in this State, besides his charges therein expended; provided, that when the boat, piragua, canoe, grappling, painter, rope, sail or oar or any or all of them so taken away, stolen or let loose shall be of the value of less than fifty dollars the cause shall be triable in the magistrate's court and the punishment shall be not more than is permitted by law without presentment or indictment of the grand jury. Such punishment shall be in lieu of the penalties prescribed in this section."

SECTION . Section 16-13-110 of the 1976 Code is amended to read:

"Section 16-13-110. (A) A person is guilty of shoplifting if he:

(1) takes possession of, carries away, transfers from one person to another or from one area of a store or other retail mercantile establishment to another area, or causes to be carried away or transferred any merchandise displayed, held, stored, or offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the possession, use, or benefit of such the merchandise without paying the full retail value.

(2) alters, transfers, or removes any label, price tag marking, indicia of value, or any other markings which aid in determining value affixed to any merchandise displayed, held, stored, or offered for sale in a store or other retail mercantile establishment and attempts to purchase such the merchandise personally or in consort with another at less than the full retail value with the intention of depriving the merchant of the full retail value of such the merchandise.

(3) transfers any merchandise displayed, held, stored, or offered for sale by any store or other retail mercantile establishment from the container in which it is displayed to any other container with intent to deprive the merchant of the full retail value.

(B) Any A person who violating violates the provisions of this section shall be deemed is guilty of a:

(1) misdemeanor and, upon conviction, shall must be punished in accordance with the following: (1) By a fine of fined not more than six hundred dollars or imprisonment for imprisoned not more than six months thirty days, or both, for the first offense. If if the value of the shoplifted merchandise is less than fifty one thousand dollars or less, the punishment must be a fine of not more than two hundred dollars or imprisonment for not more than thirty days.

(2) By a fine of felony and, upon conviction, must be fined not more than one thousand dollars or imprisonment for imprisoned not more than one year five years, or both, for a second offense if the value of the shoplifted merchandise is more than one thousand dollars but less than five thousand dollars.

(3) By imprisonment for felony and, upon conviction, must be imprisoned not less than one year nor more than five ten years for a third or subsequent offense if the value of the shoplifted merchandise is five thousand dollars or more."

SECTION . Section 16-13-180 of the 1976 Code, as last amended by Act 640 of 1988, is further amended to read:

"Section 16-13-180. It is unlawful for any a person knowingly to buy, or receive, or possess stolen goods, chattels, or other property if the person knows or has reason to believe the goods, chattels, or property is stolen. A person is guilty of this offense whether or not anyone is convicted of the theft of the property. Any A person who violating violates the provisions of this section may must be punished as follows is guilty of a:

(1) misdemeanor triable in magistrate's court if the value of the property is two hundred one thousand dollars or less, by a fine not to exceed two hundred dollars, or by imprisonment for not more than thirty days. The offense shall be triable in magistrate's court. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury.

(2) felony and, upon conviction, must be fined not less than one thousand dollars or imprisoned not more than five years if the value of the property exceeds two hundred is more than one thousand dollars but is less than one five thousand dollars, by a fine of not less than one thousand dollars or imprisonment for not less than one year nor more than five years. This offense shall be a misdemeanor.

(3) For a second offense of Section 16-13-180(1) or (2), or felony and, upon conviction, must be fined not less than two thousand dollars or imprisoned not more than ten years if the value of the property exceeds one is five thousand dollars or more, by a fine of not less than two thousand dollars and imprisonment for not less than three years nor more than ten years. This or any subsequent offense shall be a felony.

(4) for a third or subsequent offense, by imprisonment for not less than ten years; provided, however, no part of the minimum sentence may be suspended.

(5) for For the purposes of this section, the receipt of multiple items in a single transaction or event shall constitute constitutes a single offense."

SECTION . Section 16-13-210 of the 1976 Code is amended to read:

"Section 16-13-210. All officers and It is unlawful for an officer or other persons person charged with the safekeeping, transfer, and disbursements disbursement of any public funds who shall to embezzle the same shall be these funds. A person who violates the provisions of this section is guilty of a:

(1) felony and, upon conviction thereof, shall must be punished by fine and imprisonment fined, in the discretion of the court, such fine and imprisonment to be proportioned to the amount of the embezzlement and imprisoned not more than ten years if the amount of the embezzled funds is five thousand dollars or more.

(2) felony and, upon conviction, must be fined, in the discretion of the court, to be proportioned to the amount of embezzlement and imprisoned not more than five years if the amount of the embezzled funds is more than one thousand dollars but less than five thousand dollars.

(3) misdemeanor triable in magistrate's court if the amount of the embezzled funds is one thousand dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury.

The person convicted of such a felony shall be is disqualified from ever holding any office of honor or emolument in this State; provided, however, but that the General Assembly, by a two-thirds vote, may remove any such this disability upon payment in full of the principal and interest of the sum embezzled."

SECTION . Section 16-13-230 of the 1976 Code is amended to read:

"Section 16-13-230. (A) Any A person committing a breach of trust with a fraudulent intention shall be held guilty of larceny and so shall or any a person who shall hire or counsel hires or counsels any other another person to commit a breach of trust with a fraudulent intention is guilty of larceny.

(B) A person who violates the provisions of this section is guilty of a:

(1) misdemeanor triable in magistrate's court if the amount is one thousand dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury.

(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years if the amount is more than one thousand dollars but less than five thousand dollars.

(3) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years if the amount is five thousand dollars or more."

SECTION . Section 16-13-240 of the 1976 Code is amended to read:

"Section 16-13-240. Any A person who shall by any false pretense or representation obtain obtains the signature of any a person to any a written instrument or shall obtain obtains from any other another person any chattel, money, valuable security, or other property, real or personal, with intent to cheat and defraud any a person of such that property shall be is guilty of a:

(1) misdemeanor felony and shall, on upon conviction, must be sentenced to pay a fine fined not exceeding more than five hundred dollars and undergo an imprisonment imprisoned not exceeding three more than ten years; provided, that if the sum in the written instrument or the value of the property so obtained does not exceed two hundred dollars the case shall be triable in the magistrate's court and the punishment shall be not more than is permitted by law without presentment or indictment of the grand jury is five thousand dollars or more.

(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years if the value of the property is more than one thousand dollars but less than five thousand dollars.

(3) misdemeanor triable in magistrate's court if the value of the property is one thousand dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment of the grand jury."

SECTION . Section 16-13-260 of the 1976 Code is amended to read:

"Section 16-13-260. Whoever shall A person who falsely and deceitfully obtain or get obtains or gets into his hands or possession any money, goods, chattels, jewels, or other things of any other another person by color and means of any false token or counterfeit letter made in any other another person's name shall, upon conviction thereof, suffer such imprisonment as the court may adjudge; provided, that when the money, goods, chattels and other things so obtained do not exceed in value fifty dollars, then the offense may be tried in the magistrate's court. Punishment shall be not more than is permitted by law without presentment or indictment by the grand jury is guilty of a:

(1) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both, if the value of the property is five thousand dollars or more.

(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both, if the value of the property is more than one thousand dollars but less than five thousand dollars.

(3) misdemeanor triable in magistrate's court if the value of the property is one thousand dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury."

SECTION . Section 16-13-420 of the 1976 Code is amended to read:

"Section 16-13-420. (A) Any A person having any motor vehicle, trailer, appliance, equipment, or tool in his possession or under his control by virtue of a lease or rental agreement who is guilty of larceny if he:

(1) wilfully and fraudulently fails to return the motor vehicle, trailer, appliance, equipment, or tool within seventy-two hours after the lease or rental agreement has expired,; or who

(2) fraudulently secretes or appropriates the property to any use or purpose not within the due and lawful execution of his lease or rental agreement shall be guilty of larceny.

Provided, that the The provisions of this section shall do not apply to lease-purchase agreements or conditional sales type contracts.

(B) A person who violates the provisions of this section is guilty of a:

(1) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both, if the value of the rented or leased item is five thousand dollars or more.

(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both, if the value of the rented or leased item is more than one thousand dollars but less than five thousand dollars.

(3) misdemeanor triable in magistrate's court if the value of the rented or leased item is one thousand dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury."

SECTION . Section 16-13-425 of the 1976 Code, as last amended by Act 485 of 1988, is further amended to read:

"Section 16-13-425. Any A person having a video or cassette tape in his possession or under his control by virtue of a lease or rental agreement, the original dollar amount of which is two hundred dollars or less, who wilfully and fraudulently fails to return the video or cassette tape within seventy-two hours after the lease or rental agreement has expired, or who fraudulently secretes or appropriates this property to any use or purpose not within the due and lawful execution of his lease or rental agreement is guilty of:

(1) petit larceny which is also triable and punishable as such if the dollar amount of the video or cassette tape lease or rental agreement is one thousand dollars or less. Upon conviction, the person must be fined or imprisoned as provided for petit larceny.

(2) grand larceny and, upon conviction, must be fined in the discretion of the court or imprisoned not less than five years Where the original if the dollar amount of the video or cassette tape lease or rental agreement is more than two hundred one thousand dollars but less than five thousand dollars, the person committing this offense is guilty of grand larceny which is triable and punishable as such.

(3) grand larceny and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years if the original dollar amount of the video or cassette tape lease or rental agreement is five thousand dollars or more."

SECTION . Section 16-13-430 of the 1976 Code is amended to read:

"Section 16-13-430. (A) It shall be is unlawful for any a person to:

(1) obtain, attempt to obtain, aid, abet, or assist any person to obtain, by means of a false statement or representation, false impersonation, fictitious transfer, conveyance, or other fraudulent device, food stamps or coupons to which an applicant is not entitled or a greater amount of food stamps or coupons than that which an applicant is justly entitled; or

(2) to acquire, possess, use, or transfer food stamps or coupons except as authorized by law and the rules and regulations of the United States Department of Agriculture relating to such these matters.

(B) It shall further be is unlawful for any a person to acquire or transfer food stamps or coupons except in exchange for food or food products for human consumption, which shall do not be construed as including include alcoholic beverages, tobacco, beer, or wine.

(C) Any A person who violates the provisions of this section shall be deemed is guilty of a:

(1) misdemeanor felony and upon conviction shall, if the amount of food stamps fraudulently acquired or used are of a value of less than one five thousand dollars or more,. Upon conviction, the person must be fined not more than five hundred thousand dollars or imprisoned for not more than one year ten years, or both, and.

(2) felony if the amount of food stamps exceeds one fraudulently acquired or used is of a value of more than one thousand dollars but less than five thousand dollars, such person shall be deemed guilty of a felony and upon. Upon conviction, shall the person must be fined not more than five thousand hundred dollars or imprisoned for not more than five years, or both.

(3) misdemeanor triable in magistrate's court if the amount of food stamps fraudulently acquired or used is of a value of one thousand dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury.

(D) Any A mercantile establishment which allows purchases of prohibited items in exchange for food stamps or coupons or currency of the United States shall must be disqualified from participation in the food stamp program for a period not to exceed two years and fined not more than five thousand dollars, or both."

SECTION . Section 16-21-80 of the 1976 Code is amended to read:

"Section 16-21-80. A person not entitled to the possession of a vehicle who receives, possesses, conceals, sells, or disposes of it, knowing it to be stolen or converted under circumstances constituting a crime, is guilty of a:

(1) misdemeanor triable in magistrate's court if the value of the vehicle is one thousand dollars or less. Upon conviction, the person must be fined, imprisoned, or both, not more than is permitted by law without presentment or indictment by the grand jury. and punishable under subsection (1) of S 16-21-130

(2) felony and upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both, if the value of the vehicle is more than one thousand dollars but less than five thousand dollars.

(3) felony and upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both, if the value of the vehicle is five thousand dollars or more."

SECTION . Section 38-55-170 of the 1976 Code, as last amended by an Act of 1993 bearing Ratification Number 99, is further amended to read:

"Section 38-55-170. Any A person who knowingly causes to be presented a false claim for payment to an insurer transacting business in this State, to a health maintenance organization transacting business in this State, or to any person, including the State of South Carolina, providing benefits for health care in this State, whether these benefits are administered directly or through a third person, or who knowingly assists, solicits, or conspires with another to present a false claim for payment as described above, is guilty of a:

(1) felony if the amount of the claim is five thousand dollars or more and, upon. Upon conviction, the person must be imprisoned for not more than five ten years or fined not more than five thousand dollars, or both.

(2) felony if the amount of the claim is more than one thousand dollars but less than five thousand dollars. Upon conviction, the person must be fined in the discretion of the court or imprisoned not more than five years, or both.

(3) misdemeanor triable in magistrate's court if the amount of the claim is one thousand dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury."

SECTION . Section 46-1-20 of the 1976 Code is amended to read:

"Section 46-1-20. Whoever shall steal A person who steals from the field any grain, cotton, or vegetables, whether severed from the freehold or not, shall be is guilty of a:

(1) misdemeanor felony and, on upon conviction, thereof shall must be punished by imprisonment imprisoned for not more than five ten years or by fine of fined not more than five hundred dollars,if the value of the crop is five thousand dollars or more.

(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years if the value of the crop is more than one thousand dollars but less than five thousand dollars.

(3) misdemeanor triable in magistrate's court if the value of the crop is one thousand dollars or less. Upon conviction, the person must except that when the amount stolen shall not exceed ten dollars in value the punishment shall be by imprisonment for fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury thirty days nor less than twenty days or by a fine of not more than one hundred nor less than fifty dollars."

SECTION . Section 46-1-40 of the 1976 Code is amended to read;

"Section 46-1-40. Whoever shall steal A person who steals tobacco plants, whether severed from the freehold or not, from any tobacco plant beds shall be deemed is guilty of a:

(1) misdemeanor felony and, on upon conviction thereof, shall must be punished by imprisonment for imprisoned not more than five ten years or by fine of fined not more than five hundred dollars if the value of the tobacco plants is five thousand dollars or more;.

(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years if the value of the tobacco plants is more than one thousand dollars but less than five thousand dollars.

(3) misdemeanor triable in magistrate's court except that when if the value of the tobacco plants does not exceed twenty is one thousand dollars or less. Upon conviction, the punishment shall person must be by imprisonment fined or imprisoned for not more than thirty days or by a fine of not more than one hundred dollars is permitted by law without presentment or indictment by the grand jury."

SECTION . Section 46-1-60 of the 1976 Code is amended to read:

"Section 46-1-60. (A) Any It is unlawful for a person engaged in the business of buying cotton, corn, rice, or similar commodities, either on his own account or for others, who shall buy such on sale to buy commodities from a planter, commission merchant, or any other person for cash and shall fail or refuse to pay for it and make away with or dispose of it before he shall have has paid therefor shall be deemed for it.

(B) A person who violates the provisions of this section is guilty of fraud and embezzlement and shall be liable, on conviction, to be imprisoned in the Penitentiary for a term of not less than one year nor more than five years, at the discretion of the court. a:

(1) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both, if the sale amount of the commodities is five thousand dollars or more.

(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both, if the sale amount of the commodities is more than one thousand dollars but less than five thousand dollars.

(3) misdemeanor triable in magistrate's court if the sale amount of the commodities is one thousand dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury."

SECTION . Section 46-1-70 of the 1976 Code is amended to read:

"Section 46-1-70. (A) Any It is unlawful for a factor or commission merchant who shall to receive from any a planter any cotton, rice, or other agricultural produce for sale and shall:

(1) sell such the produce and fail to pay over the net proceeds thereof to the planter on demand;

(2) apply the produce to his own use and benefit; or

(3) fail to account for the produce in a satisfactory manner if unsold;.

(B) Shall be guilty of fraud and embezzlement and, on conviction thereof, shall be imprisoned in the Penitentiary not less than one year nor more than five years, at the discretion of the court. A person who violates the provisions of this section is guilty of a:

(1) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both, if the sale amount of the commodities is five thousand dollars or more.

(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both, if the sale amount of the commodities is more than one thousand dollars but less than five thousand dollars.

(3) misdemeanor triable in magistrate's court if the sale amount of the commodities is one thousand dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury."

SECTION . Section 49-1-50 of the 1976 Code, as last amended by Act 190 of 1989, is further amended to read:

"Section 49-1-50. (A) No person may sell any drifted lumber or timber, not the property of the person, without first advertising the sale of it at public auction at least three times and at least three days prior to before the date of the sale in the newspaper having the greatest circulation in the county in which the drifted lumber or timber is found and taken, giving an accurate description of any and all marks by which the lumber or timber may be identified.

(B) If a It is unlawful for a person to:

(1) sells sell any drifted lumber or timber without having first advertised the sale; or

(2) fails fail to pay the proceeds of the sale to the owner on application, after deducting the expenses,; or

(3) if a person having advertised advertise a sale and then refuses refuse to deliver any drifted lumber or timber claimed by the rightful owner, prior to before the date of the sale after the owner has offered to pay reasonable salvage expenses, he may be indicted for a misdemeanor and fined or imprisoned in the discretion of the court.

(C) A person who violates the provisions of this section is guilty of a:

(1) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both, if the value of the lumber or timber is five thousand dollars or more.

(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both, if the value of the lumber or timber is more than one thousand dollars but less than five thousand dollars.

(3) misdemeanor triable in magistrate's court if the value of the lumber or timber is one thousand dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury.

(D) A person who purchases drifted lumber or timber that has not been advertised as provided may be indicted as a receiver of stolen goods and must be fined or imprisoned in the discretion of the court as provided in Section 16-13-180." / .

Amend the bill further, as and if amended, page 148, beginning on line 24, by striking SECTION 135 in its entirety.

Amend the bill further, as and if amended, page 166, line 40, in Section 16-9-30, as contained in SECTION 165, by striking the word /sections/ and inserting:

/ section / .

Amend the bill further, as and if amended, page 169, line 5, in Section 16-11-330(A), as contained in SECTION 169, by striking /twenty-five thirty/ and inserting therein the following:

/ twenty-five / .

Amend the bill further, as and if amended, page 208, beginning on line 24, by adding an appropriately numbered SECTION to read:

/ SECTION . The last three paragraphs of Section 44-53-370(e) of the 1976 Code are amended to read:

/ Any person convicted and sentenced under this subsection to a mandatory minimum term of imprisonment of twenty-five years or a mandatory term of twenty-five years or more is not eligible for parole, extended work release, as provided for in Section 24-13-610, or supervised furlough, as provided for in Section 24-13-710. Sentences for a violation of the provisions of this subsection may not be suspended and probation may not be granted. Notwithstanding Section 44-53-420, any person convicted of conspiracy pursuant to this subsection must be sentenced as provided herein with a full sentence or punishment and not one-half of the sentence or punishment prescribed for the offense.

The weight of any controlled substance in this subsection includes the substance in pure form or any compound or mixture of the substance.

The offense of possession with intent to distribute described in Section 44-53-370(a) is a lesser included offense to the offenses of trafficking based upon possession described in this subsection. / .

Amend the bill further, as and if amended, page 214, beginning on line 32, by striking SECTION 250 in its entirety.

Amend the bill further, as and if amended, page 220, beginning on line 36, in Section 16-3-615(A), as contained in SECTION 257, by striking lines 36 through 39, and inserting therein the following:

/ if they are living together, constitutes the crime felony of spousal sexual battery and, upon conviction, is punishable according to the discretion of the court a person must be imprisoned not more than ten years. / .

Amend the bill further, as and if amended, page 222, line 17, by adding an appropriately numbered SECTION to read:

/ SECTION . Section 22-3-550 of the 1976 Code is amended to read:

"Section 22-3-550. Magistrates shall have jurisdiction of all offenses which may be subject to the penalties of either fine or forfeiture not exceeding two five hundred dollars or imprisonment in the jail or workhouse not exceeding thirty days and may impose any sentence within those limits, singly or in the alternative. In addition, a magistrate may order restitution he considers appropriate. " / .

Amend the bill further, page 222, beginning on line 21, as contained in SECTION 259, by striking Section 22-3-570 in its entirety and inserting therein the following:

/ "Section 22-3-570. Magistrates shall have jurisdiction of petit larceny and all other larcenies by stealing of the property of another, of involving personal property including, but not limited to:

(1) money,;

(2) goods or chattels, of any;

(3) bank note, bond, promissory note, bill of exchange or other bill,;

(4) order or certificate, of any;

(5) book of accounts for or concerning money or goods due, to become due or to be delivered, of any;

(6) deed or writing containing a conveyance of land, of any;

(7) other valuable contract in force, of any;

(8) receipt,;

(9) release or defeasance; or of

(10) any writ, process, or public record, if the.

The value of the property stolen does not exceed twenty must be one thousand dollars or less in value." / .

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

/ SECTION . Chapter 25, Title 2 of the 1976 Code is amended to read:

"Section 2-25-10. There is hereby created a permanent committee of nine members which shall be charged with the responsibility of making a continuous study of criminal administration and crime prevention at all levels in the State and recommend to the General Assembly necessary changes or additions to the laws relating thereto. The committee shall be known as the South Carolina Crime Study Committee. Three members shall be appointed from the House of Representatives by the Speaker thereof, three shall be appointed from the Senate by the President thereof, and three shall be appointed by the Governor. Terms of committee members who are members of the General Assembly shall be coterminous with their terms of office. Appointees of the Governor shall be appointed for terms of two years and until their successors are appointed. The committee may employ such personnel as it may deem necessary, to be paid from funds appropriated for committee expenses. The committee shall have the authority to subpoena and swear witnesses. The committee members shall be allowed the usual per diem, mileage and subsistence provided by law for members of boards, committees and commissions upon vouchers signed by the members and endorsed by the committee chairman. Other expenses of the committee shall be paid upon vouchers signed by the committee chairman. Committee expenses shall be paid from the amount appropriated therefor each year in the General Appropriations Act. There is created a permanent joint legislative committee to conduct a continuing study of the criminal laws of this State. The committee shall be composed of sixteen members appointed as follows:

(1) two members from the Senate Judiciary Committee appointed by the chairman of that committee;

(2) two members from the House Judiciary Committee appointed by the chairman of that committee;

(3) the chairman of the Senate Finance Committee or his designee from the membership of that committee;

(4) the chairman of the House Ways and Means Committee or his designee from the membership of that committee;

(5) the chairman of the Senate Corrections and Penology Committee or his designee from the membership of that committee;

(6) the chairman of the House Medical, Military, Public, and Municipal Affairs Committee or his designee from the membership of that committee;

(7) one member from the Senate appointed by the President Pro Tempore;

(8) one member from the House of Representatives appointed by the Speaker; (9) one member shall be a circuit solicitor appointed by the Chairman of the Commission on Prosecution Coordination;

(10) one member shall be a public defender appointed by the President of the South Carolina Public Defenders' Association;

(11) one member shall be a family court judge appointed by the Chief Justice of the South Carolina Supreme Court;

(12) one member shall be a circuit court judge appointed by the Chief Justice of the South Carolina Supreme Court; and

(13) two members shall be appointed by the Governor.

At its first meeting the committee shall organize by selecting from its membership a chairman, vice-chairman, secretary, and other officers the committee may determine. The committee shall meet on the call of the chairman or a majority of the members. Terms of committee members who are members of the General Assembly are coterminous with their terms of office. Appointees of the Chairman of the Commission on Prosecution Coordination, the President of the South Carolina Public Defenders' Association, the South Carolina Supreme Court, and the Governor must be appointed for terms of two years and until their successors are appointed. The committee shall report its initial findings and recommendations to the General Assembly on March 15, 1994, and shall make a report to the General Assembly each year thereafter.

Section 2-25-20. The committee shall make a continuous study and investigation of all facets of the laws relating to crime and punishment including, but not limited to, the study of revisions to this state's criminal code and the review of problems and concerns with the criminal justice system, so as to recommend appropriate statutory or regulatory modifications. The committee and its subcommittees may hold hearings and act at the times and places within the State the chairman designates and require the appearance of witnesses and the production of documents as provided for in Chapter 69 of Title 2.

Section 2-25-30. The committee may employ the staff authorized by the General Assembly in the State General Appropriation Act for expenses of the committee. The payment of necessary operating expenses from authorized appropriations must be made only upon vouchers signed by the chairman of the committee. The members are allowed the usual mileage, per diem, and subsistence provided by law for members of boards, committees, and commissions. The allowed mileage, per diem, and subsistence must be paid from approved accounts of the Senate for the Senate appointees, from approved accounts of the House for the House appointees, from approved accounts of the Commission on Prosecution Coordination for the Commission on Prosecution Coordination's appointee, by the South Carolina Public Defenders' Association for the Public Defenders' Association's appointee, from approved accounts of the judicial department for the judicial appointees, and from funds appropriated to the Office of the Governor for gubernatorial appointees." / .

Amend the bill further, as and if amended, page 224, beginning on line 1, by striking SECTION 263 in its entirety, and inserting therein the following:

/ SECTION 263. All proceedings pending and all rights and liabilities existing, acquired, or incurred at the time this act takes effect are saved. The provisions of this act other than Section 16-1-60(B) apply prospectively to crimes and offenses committed after the effective date of the act. The provisions of subsection 16-1-60(B) apply retroactively to all persons convicted under the laws of this State. All sentences pronounced on or after the effective date of this act must comply with the classification system, except where a penalty greater than the one in effect on the date the offense was committed would be required. / .

Amend the bill further, as and if amended, page 224, line 11, by striking SECTION 264 in its entirety and inserting therein the following:

/ SECTION 264. This act takes effect January 1, 1994./

Renumber sections to conform.

Amend title to conform.

Senator HOLLAND explained the amendment.

Senator HOLLAND proposed the following amendment (JUD3151.006), which was adopted:

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

/ SECTION . Section 2-19-30 of the 1976 Code is amended to read:

"Section 2-19-30. Upon completion of the investigation, the chairman of the joint committee shall schedule a public hearing concerning the qualifications of the candidates. Such hearings shall be conducted no later than two weeks prior to the date set in the election resolution for such election. Any person who desires to testify at the hearing, including candidates, shall furnish a written statement of his proposed testimony to the chairman of the joint committee. Such statements shall be furnished no later than forty-eight hours prior to the date and time set for the hearing. The joint committee shall determine the persons who shall testify at the hearing. All testimony, including documents furnished to the joint committee, shall be submitted under oath and persons knowingly furnishing false information either orally or in writing shall be subject to the penalties provided by law for perjury and false swearing. During the course of the investigation, the joint committee may schedule an executive session at which each candidate, and other persons whom the committee wishes to interview, may be interviewed by the joint committee on matters pertinent to the candidate's qualification for the office to be filled. A reasonable time thereafter the committee shall render its tentative findings as to whether the candidate is qualified for the office to be filled and its reasons therefor as to each candidate.

As soon as possible after the completion of the hearing, a verbatim copy of the testimony, documents submitted at the hearing, and findings of fact shall be transcribed and published in the Journals of both Houses houses or otherwise made available in a reasonable number of copies to the members of both houses prior to the date of the scheduled election, and a copy thereof shall be furnished to each candidate.

A candidate may withdraw at any stage of the proceedings and in such event no further inquiry, report on, or consideration of his candidacy shall be made."

SECTION . Section 6, Part IV of Act 610 of 1990 is designated as Section 2-19-70 of the 1976 Code and amended to read:

"Section 2-19-70. No candidate for judicial office may seek directly or indirectly the pledge of a member of the General Assembly's vote until the qualifications of all candidates for that office have been determined by the judicial screening committee, nor may a member offer the pledge until the qualifications of all candidates for that office have been determined by the judicial screening committee. For purposes of this section, indirectly seeking a pledge means the candidate or someone acting on behalf of and at the request of the candidate requesting a person, before screening, to contact a member of the General Assembly on behalf of the candidate. The prohibitions of this section do not extend to an announcement of candidacy by the candidate and statements by the candidate detailing the candidate's qualifications.

Violations of this section may be considered by the screening committee when it considers the candidate's qualifications."

SECTION . Section 58-3-20 of the 1976 Code is amended to read:

"Section 58-3-20. The Public Service Commission shall be composed of seven members to be elected by the General Assembly upon nomination of the South Carolina Public Service Merit Selection Panel in the manner prescribed by this chapter for terms of four years and until their successors are elected and qualify.
Each of the seven districts that were defined as congressional districts on January 1, 1930, is hereby established and declared to be a Public Service Commission district until July 1, 1982, and a Public Service Commissioner shall be elected from each of such districts; provided, however, that on July 1, 1982, the Public Service Commission shall be composed of seven members to be elected by the General Assembly upon nomination of the Public Service Merit Selection Panel from the then existing congressional districts. If the number of congressional districts is less than seven, additional members shall be elected at large to provide for a seven member commission. The General Assembly in its 1982 session shall provide for the election of the seven member commission and elect members thereto based upon the congressional districts established by the General Assembly pursuant to the official United States Census of 1980. If the number of congressional districts is less than seven, additional members shall be elected at large to provide for a seven member commission.

To effect an orderly transition to the nomination of members of the commission by the merit selection panel and reconstitute the commission in accordance with this section, the following transition procedures shall apply to this section:

(1) Members of the commission whose terms expire June 30, 1979, shall continue to serve as commissioners until their successors are elected and qualify in 1980 pursuant to the provisions of this chapter for terms extending until the General Assembly provides for election based upon the congressional districts established by the General Assembly pursuant to the official United States Census of 1980.

(2) Members of the commission whose terms expire June 30, 1982, shall continue to serve until the expiration of their terms on that date.

(3) The initial selection of nominees by the merit selection panel and their subsequent consideration by the General Assembly under this chapter shall take place during the 1980 session of the General Assembly.

(4) Notwithstanding any other provision of this SS 58-3-20, 58-3-25, 58-3-40, 58-3-142 and 58-3-145, of those members of the commission initially elected in 1982, four members shall serve for a term of four years and three members shall serve for a term of three years as determined by lot. The commission shall notify the Secretary of State of the terms."

SECTION . Section 58-3-24 of the 1976 Code is amended to read:

"Section 58-3-24. No member of the South Carolina Public Service Merit Selection Panel and no member of his immediate family to include his spouse, children, brothers, sisters, parents, father-in-law, mother-in-law, brothers-in-law, sisters-in-law, nieces and nephews shall be elected to the Public Service Commission while such person is serving on the Merit Selection Panel nor shall such person or members of his family as stipulated above be elected to the Public Service Commission for a period of four years after such person ceases to be a member of the Merit Selection Panel. Additionally, after After January 1, 1981, no member of the General Assembly shall be elected to the Public Service Commission while such that person is serving in the General Assembly nor shall such that person be elected to the Public Service Commission for a period of four years after he ceases to be a member of the General Assembly."

SECTION . Chapter 3 of Title 58 of the 1976 Code is amended by adding:

"Section 58-3-26. Whenever an election is to be held by the General Assembly in joint session to elect a person to serve on the Public Service Commission, a joint committee, composed of ten members, three of whom shall be members of the House of Representatives, three of whom shall be members of the Senate, two of whom appointed by the President Pro Tempore of the Senate from the general public at large, and two of whom appointed by the Speaker of the House of Representatives from the general public at large shall be appointed to consider the qualifications of the candidates. Each body shall determine how its respective legislative members shall be selected. Provided, however, that in making appointments to the joint committee, race, gender, and other demographic factors should be considered to assure nondiscrimination, inclusion, and representation to the greatest extent possible of all segments of the population of the State. The joint committee shall meet as soon after its appointment as may be practicable and shall elect one of its members as chairman, one as secretary, and such other officers as it may deem desirable. The joint committee shall conduct its screening pursuant to the provisions of Section 2-9-10 et seq.

The members of the general public appointed by the Speaker and the President Pro Tempore must be representative of all citizens of this State, must not be members of the General Assembly, and must not be affiliated in any way with an entity regulated by the commission.

In screening such persons for election to the Public Service Commission the joint committee shall seek to establish a commission which shall be broadly representative of the people of the State, men and women of ability and dedication with compassion and common sense. In screening persons for election to the Public Service Commission, the joint committee shall consider the knowledge and experience of the potential appointees in such varied fields as business, government, accounting, law, engineering, statistics, consumer affairs and finance. In making its findings the joint committee shall seek to find the best qualified people giving due consideration to their ability and integrity."

SECTION . Sections 58-3-21, 58-3-22, 58-3-23, and 58-3-25 of the 1976 Code are repealed. /

Renumber sections to conform.

Amend title to conform.

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

H. 3620 -- Rep. Waldrop: A BILL TO AMEND SECTION 17-7-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF CORONERS OR SOLICITORS TO ORDER AUTOPSIES UPON DEATH OF INCARCERATED PERSONS, SO AS TO REVISE THE CONDITIONS UNDER WHICH THESE AUTOPSIES MUST BE ORDERED.

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

There was no objection.

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

Senator HOLLAND proposed the following amendment (JUD3620.001), which was adopted:

Amend the bill, as and if amended, page 2, Section 17-7-10, as contained in SECTION 1, by striking line 10 and inserting therein:
/ diagnosed contagious, terminal illness or /

Amend title to conform.

Senator HOLLAND explained the amendment.

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

H. 4050 -- Rep. Wilkes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-6-85 SO AS TO PROVIDE LICENSING REQUIREMENTS FOR AN AUCTION FIRM; BY ADDING SECTION 40-6-155 SO AS TO PROVIDE TRUST AND ESCROW ACCOUNT REQUIREMENTS FOR AUCTIONEERS; BY ADDING SECTION 40-6-175 SO AS TO AUTHORIZE THE SOUTH CAROLINA AUCTIONEERS' COMMISSION TO ASSESS FINES FOR VIOLATIONS; BY AMENDING SECTION 40-6-10, AS AMENDED, RELATING TO DEFINITIONS, SO AS TO REVISE AND ADD CERTAIN DEFINITIONS; BY AMENDING SECTION 40-6-20, AS AMENDED, RELATING TO AUCTIONS WHICH ARE NOT SUBJECT TO THE AUTHORITY OF THE SOUTH CAROLINA AUCTIONEERS' COMMISSION, SO AS TO EXEMPT AUCTIONS FOR MOTOR VEHICLES AND TO PROVIDE EXCEPTIONS TO THE EXEMPTIONS; BY AMENDING SECTION 40-6-50 AND SECTION 40-6-60, AS AMENDED, RELATING TO REQUIREMENTS TO BE LICENSED, SO AS TO INCLUDE APPRENTICE AUCTIONEERS AND AUCTION FIRMS AND TO REQUIRE PAYING CERTAIN FEES AND PROVIDING CRIMINAL HISTORY AND CREDIT RECORDS; BY AMENDING SECTIONS 40-6-70 AND 40-6-80, BOTH AS AMENDED, RELATING TO APPRENTICE AUCTIONEER AND AUCTIONEER LICENSE REQUIREMENTS, SO AS TO REQUIRE THAT THE LICENSING EXAMINATION MUST BE WRITTEN; BY AMENDING SECTION 40-6-90, RELATING TO RENEWAL OF LICENSES, SO AS TO PROVIDE FOR DATE OF ISSUANCE AND CONTINUING EDUCATION REQUIREMENTS; BY AMENDING SECTION 40-6-130, AS AMENDED, RELATING TO RECIPROCAL LICENSING, SO AS TO PROVIDE THAT A RECIPROCAL LICENSE MAY BE ISSUED IF THE APPLICANT'S RESIDENT STATE PROVIDES RECIPROCITY TO SOUTH CAROLINA RESIDENTS; BY AMENDING SECTION 40-6-150, RELATING TO WRITTEN AGREEMENTS TO CONDUCT AUCTIONS AND RECORDS OF SALES, SO AS TO REQUIRE THAT THESE AGREEMENTS AND RECORDS MUST BE MADE AVAILABLE TO THE COMMISSION ON REQUEST; BY AMENDING SECTION 40-6-160, AS AMENDED, RELATING TO GROUNDS FOR DENIAL, SUSPENSION, AND REVOCATION OF LICENSES, SO AS TO PROVIDE PROCEDURES FOR INVESTIGATIONS, TO ADD VIOLATIONS FOR MAKING FALSE STATEMENTS ON APPLICATIONS AND IN INVESTIGATIONS, FOR COMMINGLING FUNDS, FOR FAILING TO PAY FINES, FOR FAILING TO DISCLOSE REQUIRED INFORMATION, AND FOR LACK OF FINANCIAL RESPONSIBILITY, TO AUTHORIZE THE COMMISSION ALSO TO ISSUE ORDERS FOR COMPLIANCE AND TO PLACE A LICENSEE ON PROBATION; BY AMENDING SECTION 40-6-180, AS AMENDED, RELATING TO NOTICE AND HEARING REQUIREMENTS, SO AS TO REVISE THESE REQUIREMENTS; BY AMENDING SECTION 40-6-200, RELATING TO THE AUCTIONEER RECOVERY FUND, SO AS TO PROVIDE THAT NEW LICENSEES MUST CONTRIBUTE TO THE FUND AND TO PROVIDE HOW EXCESS FUNDS MAY BE EXPENDED; BY AMENDING SECTION 40-6-220, RELATING TO CLAIMS UNDER THE FUND, SO AS TO PROVIDE THAT A PERSON'S LICENSE MAY BE SUSPENDED OR REVOKED AFTER PAYMENT OF A CLAIM FILED AGAINST THE PERSON; AND BY PROVIDING THAT CONTINUING EDUCATION REQUIREMENTS TAKE EFFECT JUNE 30, 1995.

Senator ROSE asked unanimous consent to remove notice of general amendments on the Bill and order the Bill to a third reading on Thursday, June 3, 1993.

There was no objection.

Having received a favorable report from the General Committee, on motion of Senator MATTHEWS, the following appointment was confirmed:

Initial Appointment, Member, South Carolina Fire Commission, with term to expire January 15, 1995:

2nd Congressional District - F:

Mr. Norman L. Knight, Jr., Director of Fire and Public Safety, Town of St. Matthews, Route 2, Box 528, St. Matthews, S.C. 29135 VICE Stanley Holcombe (deceased)

Having received a favorable report from the General Committee, on motion of Senator GIESE, the following appointments were confirmed:

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

At-Large:

Mrs. Jean A. Moore, 6100 Rutledge Hill Road, Columbia, S.C. 29209

Reappointment, Member, State Athletic Commission, with term to expire June 30, 1996:

At-Large:

Mr. Chris G. Hitopoulos, 3103 Forest Drive, Columbia, S.C. 29204

Reappointment, Member, Prisoner of War Commission, with term to expire July 1, 1997:

2nd Congressional District:

James A. Campbell, Ph.D., 7719 Exeter Lane, Columbia, S.C. 29223-2517

Having received a favorable report from the General Committee, on motion of Senator RANKIN, the following appointments were confirmed:

Initial Appointment, Member, State Fire Marshal Board of Appeals, with term to expire September 6, 1996:

Fire Commission:

Chief Tony D. Hendrick, Post Office Box 417, Conway, S.C. 29526

Reappointment, Member, Hearing Aid Dealers and Fitters Commission, with term to expire July 31, 1997:

Dealer:

Mr. Milt Klar, Hearing Centers USA, 10177 North Kings Highway, Myrtle Beach, S.C. 29572

Reappointment, Member, State Fire Marshal Board of Appeals, with term to expire September 6, 1996:

General Contractor:

Mr. Robert D. Shelley, Post Office Box 556, Myrtle Beach, S.C. 29578

Having received a favorable report from the Committee on Transportation, on motion of Senator GIESE, the following appointment was confirmed:

Initial Appointment, Member, South Carolina State Ports Authority, with term to expire March 19, 2000:

At-Large:

Ms. Dorothy G. Owen, Owen Steel Company, Inc., 801 Blossom Street, Columbia, S.C. 29201 VICE Henry Tecklenburg

Having received a favorable report from the Committee on Finance, on motion of Senator DRUMMOND, the following appointments were confirmed:

Initial Appointment, Member, South Carolina Interagency Merit System Council, with term to expire June 30, 1997:

At-Large:

Mr. Steven C. Hairfield, 1078 Stonehenge Drive, Hanahan, S.C. 29406 VICE Harry McDowell

Initial Appointment, Member, South Carolina Interagency Merit System Council, with term to expire June 30, 1994:

At-Large:

David Lee Mahrer, Ph.D., 734 Beckley Court, Lexington, S.C. 29072 VICE Mary Horton Dellamura (resigned)

Initial Appointment, Member, Tax Board of Review, with term to expire coterminous with the Governor:

1st Congressional District:

Mr. Burnet R. Maybank, III, Post Office Box 126, Charleston, S.C. 29402 VICE Robert M. Kunes (resigned)

Initial Appointment, Member, South Carolina Interagency Merit System Council, with term to expire June 30, 1994:

At-Large:

Mr. Lucian Russell Rawls, Jr., 18-B, The Heritage, 1829 Senate Street, Columbia, S.C. 29201 VICE Eunice G. McMillian (resigned)

Reappointment, Member, South Carolina Interagency Merit System Council, with term to expire June 30, 1997:

At-Large:

Mrs. Dianne T. Poston, 6114 Hampton Leas Lane, Columbia, S.C. 29209

Having received a favorable report from the Committee on Banking and Insurance, on motion of Senator LEATHERMAN, the following appointment was confirmed:

Reappointment, Member, South Carolina State Housing Finance and Development Authority, with term to expire August 15, 1997:

At-Large:

Mr. Nathaniel W. Rosenfeld, 1404 Poinsett Drive, Florence, S.C. 29505

Having been recalled from the Committee on Banking and Insurance, on motion of Senator LEATHERMAN, the following appointment was confirmed:

Initial Appointment, Member, Insurance Commission, with term to expire June 30, 1998:

6th Congressional District:

Mr. Edward D. Tinsley, III, 1202 Madison Avenue, Florence, S.C. 29501 VICE Frances Brown Gilbert (as 6th District member)

Having received a favorable report from the Committee on Medical Affairs, on motion of Senator RANKIN, the following appointment was confirmed:

Initial Appointment, Member, South Carolina Commission on Aging, with term to expire June 30, 1997:

1st Congressional District:

Mrs. Helen D. Brawley, Box 38 Mount Gilead Place, 744 Kittiwake Lane, Murrells Inlet, S.C. 29576 VICE James Alexander Moore

Having received a favorable report from the Committee on Transportation, on motion of Senator GLOVER, the following appointment was confirmed:

Initial Appointment, Member, South Carolina State Ports Authority, with term to expire June 4, 1994:

At-Large:

Mr. Harry R. Easterling, Post Office Drawer 655, Bennettsville, S.C. 29512-0655 VICE Ernest L. Willis, III (deceased)

Having received a favorable report from the Committee on Corrections and Penology, on motion of Senator GLOVER, the following appointment was confirmed:

Initial Appointment, Member, Juvenile Parole Board, with term to expire June 30, 1997:

5th Congressional District:

Mr. John Willie David, 1260 Highway 38 South, Bennettsville, S.C. 29512 VICE William Otis Thompson

Having received a favorable report from the Committee on Medical Affairs, on motion of Senator LEATHERMAN, the following appointment was confirmed:

Initial Appointment, Member, South Carolina Commission on Alcohol and Drug Abuse, with term to expire June 30, 1996:

At-Large:

Mr. Edwin L. Oxner, Burch, Oxner, Seale Co., CPA's, P.A., Post Office Drawer 4707, Florence, S.C. 29502 VICE Walter P. Witherspoon, Jr. (resigned)

Having received a favorable report from the Committee on Education, on motion of Senator LEATHERMAN, the following appointment was confirmed:

Reappointment, Member, State Commission on Higher Education, with term to expire July 26, 1997:

Governor's - At-Large:

Mr. R. Austin Gilbert, Jr., Post Office Box 3009, Florence, S.C. 29501

Having received a favorable report from the General Committee, on motion of Senator LEATHERMAN, the following appointment was confirmed:

Initial Appointment, Member, State Board of Social Workers Registration, with term to expire November 27, 1996:

Baccalaureate:

Mr. E. L. (Jimmy) Eckles, Jr., 709-A Carver Street, Florence, S.C. 29501 VICE Delores Macey

Having received a favorable report from the Committee on Agriculture and Natural Resources, on motion of Senator McGILL, the following appointment was confirmed:

Reappointment, Member, South Carolina Tobacco Advisory Commission, with term to expire September 15, 1997:

At-Large:

Mr. Charles Hampton Snowden, Route 1, Box 73, Hemingway, South Carolina 29554

On motion of Senator WASHINGTON, the following appointments were confirmed:

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

Ms. Lorraine W. Green, Post Office Box 586, Walterboro, S.C. 29488

Ms. Eva R. Huggins, Route 2, Box 54-I, Yemassee, S.C. 29945

Ms. Yvonne T. Spell, Route 3, Box 152, Smoaks, S.C. 29481

On motion of Senator LEATHERMAN, the following appointment was confirmed:

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

Honorable Clarice T. Kirby, Post Office Box 277, Olanta, S.C. 29114
VICE Cecil Kirby (resigned)

MOTION ADOPTED
On motion of Senator WASHINGTON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Harold Mungin of Hollywood, S.C.

At 12:07 A.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

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