South Carolina General Assembly
110th Session, 1993-1994
Journal of the Senate

Wednesday, February 16, 1994

(Statewide Session)

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 the words of St. Matthew as recorded in Chapter 9 of his Gospel (vv. 35-38):

"When He saw the crowds, He had com-

passion for them."
Let us pray.

Dear Father in Heaven, sometimes crowds worry us. They can be so easily misled. We have a problem getting enthusiastic about misinformed crowds.

We pray for the ability that Jesus of Nazareth had of seeing the faces of the individuals in the crowd: the frightened child, the lonely widow, the young man with too much money, the man born blind, the troubled father... the conscience-torn sinner.

Help us to see the people beyond our programs.

This will help us in answering our own prayers when we pray, "Thy Kingdom Come."

Amen.

Point of Quorum

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

Call of the Senate

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

The Senate resumed.

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

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

February 2, 1994
Mr. President and Members of the Senate:

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

Respectfully,
Carroll A. Campbell, Jr.

Statewide Appointment

Reappointment, Member, South Carolina Board of Probation, Parole and Pardon Services, with term to commence March 15, 1994, and to expire March 15, 2000:

At-Large:

Mr. Raymond J. Rossi, 3726 Blossom Street, Columbia, S.C. 29205

Referred to the Committee on Corrections and Penology.

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

February 9, 1994
Mr. President and Members of the Senate:

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

Respectfully,
Carroll A. Campbell, Jr.

Statewide Appointment

Reappointment, Member, South Carolina Tobacco Advisory Commission, with term to commence September 15, 1993, and to expire September 15, 1995:

Farm Bureau:

Mr. Floyd Coleman Worley, 172 Worley Lane, Nichols, S.C. 29581

Referred to the Committee on Agriculture and Natural Resources.

Point of Personal Interest

Senator PASSAILAIGUE rose to a Point of Personal Interest.

RECALLED

H. 3984 -- Rep. McAbee: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT THE SALE OF TANGIBLE PERSONAL PROPERTY SOLD TO CHARITABLE HOSPITALS PREDOMINANTLY SERVING CHILDREN WHICH ARE ALSO EXEMPT FROM THE PROPERTY TAX, WHERE CARE IS PROVIDED WITHOUT CHARGE TO THE PATIENT.

Senator LEATHERMAN asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.

There was no objection.

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

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1189 -- Senators Elliott, Rankin, Courtney, Reese, Waldrep, Short, Peeler, McGill, Glover, Lander, Mescher, Washington, Holland, Drummond, O'Dell, Russell, Giese and Leventis: A BILL TO AMEND TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS, BY ADDING CHAPTER 46 SO AS TO ENACT THE "TELEPHONE COOPERATIVE ACT"; AND TO AMEND SECTION 33-45-20, RELATING TO COOPERATIVE ASSOCIATIONS AND RESTRICTIONS ON USE OF THE TERM "COOPERATIVE", SO AS TO PERMIT THE USE OF THAT TERM BY CORPORATIONS AS PART OF THEIR CORPORATE OR OTHER BUSINESS NAME OR TITLE IF SUCH CORPORATIONS ARE INCORPORATED UNDER CHAPTER 46 OF TITLE 33.

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

S. 1190 -- Senator Land: A BILL TO AMEND SECTION 40-36-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF OCCUPATIONAL THERAPY, SO AS TO INCREASE FROM FIVE TO SEVEN THE NUMBER OF MEMBERS OF THE BOARD.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 1191 -- Senators Passailaigue, Richter, McConnell, Glover, Giese and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 8 TO TITLE 32 SO AS TO ENACT THE "SAFE CREMATION ACT" AND TO PROVIDE FOR THE AUTHORIZATION OF, THE PROCEDURES FOR, AND REGULATION OF CREMATION; BY ADDING SECTION 17-5-305 SO AS TO REQUIRE THAT THE REMAINS OF AN UNIDENTIFIED DEAD PERSON MAY NOT BE CREMATED BUT MUST BE BURIED; TO AMEND SECTION 17-5-310, RELATING TO CREMATION PERMITS, SO AS TO PROVIDE THAT A CORONER MAY ISSUE SUCH PERMIT; AND TO AMEND SECTION 17-5-320, RELATING TO REPORTING THE ABSENCE OF AN INVESTIGATION OF VIOLENT OR SUSPICIOUS DEATHS, SO AS TO PROVIDE THAT THE REPORT MAY BE MADE TO A CORONER.

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

S. 1192 -- Senator Reese: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL OF ANY DISTRICT IN SPARTANBURG COUNTY WHEN THE SCHOOL WAS CLOSED DUE TO INCLEMENT WEATHER ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

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

Ordered to a Second and Third Reading

On motion of Senator REESE, S. 1192 was ordered to receive a second and third reading on the next two consecutive legislative days.

S. 1193 -- Senator Courtney: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF JANUARY 21, 1994, MISSED BY THE STUDENTS OF COWPENS ELEMENTARY SCHOOL OF SPARTANBURG COUNTY SCHOOL DISTRICT THREE WHEN THIS SCHOOL WAS CLOSED DUE TO A MALFUNCTION OF THE HEATING SYSTEM IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

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

S. 1194 -- Senator Waldrep: A SENATE RESOLUTION EXPRESSING SORROW AT THE DEATH OF HAROLD E. BEEBE OF ANDERSON COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

The Senate Resolution was adopted.

S. 1195 -- Senators Hayes, Peeler, Short and Gregory: A CONCURRENT RESOLUTION RECOGNIZING YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS AND DECLARING MARCH 1, 1994, "YORK COUNTY DAY".

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

H. 3987 -- Reps. Riser, Snow, Rhoad, Inabinett and Witherspoon: A BILL TO AMEND SECTION 50-13-1180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TROTLINES, SO AS TO REVISE THE REQUIREMENTS FOR TROTLINE HOOKS USED IN LAKES MARION AND MOULTRIE.

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

H. 4464 -- Rep. Waldrop: A BILL TO AMEND SECTION 24-3-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF CERTAIN PRISON-MADE PRODUCTS ON THE OPEN MARKET, SO AS TO PERMIT THE SALE OF HOGS.

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

H. 4720 -- Reps. Law, Williams, Wofford, R. Young and H. Brown: A BILL TO AMEND ACT 518 OF 1982, RELATING TO THE BERKELEY COUNTY BOARD OF EDUCATION, SO AS TO PROVIDE THAT VACANCIES MUST BE FILLED FOR THE UNEXPIRED PORTION OF THE TERM BY APPOINTMENT OF THE BERKELEY COUNTY LEGISLATIVE DELEGATION.

Read the first time and referred to the local delegation.

REPORTS OF STANDING COMMITTEES

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

S. 398 -- Senator Hayes: A BILL TO AMEND SECTIONS 27-40-710, AS AMENDED, AND 27-40-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SERVICE OF PROCESS TO A TENANT UNDER THE RESIDENTIAL LANDLORD AND TENANT ACT, SO AS TO PROVIDE THAT A LANDLORD'S OBLIGATION TO PROVIDE SERVICE UNDER THE SOUTH CAROLINA RULES OF CIVIL PROCEDURE IS SATISFIED AFTER THE LANDLORD HAS GIVEN NOTICE ONE TIME, AND PROVIDE THE MANNER IN WHICH THIS NOTICE MUST BE GIVEN.

Ordered for consideration tomorrow.

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

S. 679 -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-462 SO AS TO REQUIRE THE STATE TO DEFEND GOVERNMENT OFFICERS AND EMPLOYEES ACTING WITHIN THE SCOPE OF THEIR EMPLOYMENT, TO REQUIRE THE STATE TO INDEMNIFY THEM FROM LOSS, WHETHER SUED IN THEIR OFFICIAL OR INDIVIDUAL CAPACITIES, OR BOTH, AND TO PROVIDE THAT SUCH OFFICERS AND EMPLOYEES ARE ACTING WITHIN THE SCOPE OF THEIR EMPLOYMENT WHEN ADMINISTERING A STATE LAW WHICH HAS NOT BEEN HELD UNCONSTITUTIONAL OR UNLAWFUL BY A FINAL DECISION OF A COURT OF COMPETENT JURISDICTION, AND TO DEFINE "FINAL DECISION".

Ordered for consideration tomorrow.

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

S. 691 -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-65 SO AS TO PROVIDE QUALIFICATIONS FOR A CANDIDATE FOR THE SENATE.

Ordered for consideration tomorrow.

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

S. 772 -- Senator Russell: A BILL TO AMEND SECTION 31-3-390, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOUSING AUTHORITIES, SO AS TO PROVIDE FOR COUNTY REPRESENTATION ON CITY HOUSING AUTHORITIES WHEN SUCH AUTHORITY EXERCISES EXTRATERRITORIAL POWERS WITHIN THE COUNTY.

Ordered for consideration tomorrow.

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

S. 847 -- Senators Passailaigue, Reese and Washington: A BILL TO AMEND SECTION 1-11-720, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES AND RETIREES ARE ELIGIBLE FOR STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO REVISE THE TYPE OF SPECIAL PURPOSE DISTRICTS WHICH ARE ELIGIBLE AND TO PROVIDE THAT PUBLIC SERVICE DISTRICTS ARE ELIGIBLE ALSO.

Ordered for consideration tomorrow.

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

S. 856 -- Senators McGill and Reese: A BILL TO AMEND SECTION 9-1-1860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELIGIBILITY OF A CONTRIBUTING MEMBER OF THE SOUTH CAROLINA RETIREMENT SYSTEM TO ESTABLISH SERVICE CREDIT FOR THE MEMBER'S FORMER EMPLOYMENT BY A MUNICIPALITY WHICH WAS NOT A COVERED EMPLOYER AT THE TIME OF SUCH EMPLOYMENT, SO AS TO EXTEND THE ELIGIBILITY TO A CONTRIBUTING MEMBER WHO FORMERLY SERVED AS A MEMBER OF THE GOVERNING BODY OF SUCH A MUNICIPALITY AND TO PROVIDE THAT PAYMENT OF A SALARY TO THE MEMBER OF THE GOVERNING BODY IS NOT A REQUIREMENT FOR ELIGIBILITY TO ESTABLISH SUCH SERVICE.

Ordered for consideration tomorrow.

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

S. 886 -- Senators McConnell, Wilson and Reese: A BILL TO AMEND SECTION 62-3-603, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT OF BOND OF THE PERSONAL REPRESENTATIVE OR ADMINISTRATOR OF AN ESTATE UNDER CERTAIN CONDITIONS, SO AS TO PERMIT A BOND TO BE WAIVED ON ESTATES UNDER ONE HUNDRED THOUSAND DOLLARS UNDER CERTAIN CONDITIONS.

Ordered for consideration tomorrow.

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

S. 889 -- Senators Courson, Wilson, Giese, Rose, Lander and Mescher: A BILL TO AMEND SECTION 17-25-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A LIFE SENTENCE FOR A PERSON WHO HAS THREE CONVICTIONS FOR CERTAIN CRIMES, SO AS TO PROVIDE FOR A MANDATORY SENTENCE OF LIFE IMPRISONMENT WITHOUT PAROLE UPON A THIRD CONVICTION OF A "MOST SERIOUS OFFENSE", TO DEFINE "MOST SERIOUS OFFENSE", AND TO PROVIDE FOR THE APPLICATION OF THIS SECTION.

Referred

On motion of Senator WILLIAMS, the Bill was referred to the Committee on Finance.

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

S. 915 -- Senators Courtney and J. Verne Smith: A BILL TO AMEND SECTION 20-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR DIVORCE, SO AS TO PROVIDE THAT A DIVORCE BASED UPON ANY OF THE VALID GROUNDS MAY BE ALLOWED REGARDLESS OF ANY PLEA OF RECRIMINATION AND TO MAKE OTHER CONFORMING CHANGES.

Ordered for consideration tomorrow.

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

S. 928 -- Senators Giese, Passailaigue, Glover, Hayes, Holland, Lander, Leatherman, Mitchell, O'Dell, Reese, Short, J. Verne Smith, Washington, Rose and Wilson: A BILL TO AMEND SECTION 1-11-720, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES AND RETIREES ARE ELIGIBLE FOR STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO INCLUDE COUNTY COUNCILS ON AGING OR THOSE AGENCIES PROVIDING AGING SERVICES FUNDED BY THE OFFICE OF THE GOVERNOR, DIVISION ON AGING.

Ordered for consideration tomorrow.

Senator ROSE from the Committee on Judiciary submitted a favorable report on:

S. 965 -- Senator Rose: A BILL TO AMEND SECTION 7-13-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONDUCT OF ELECTIONS, SO AS TO REQUIRE NAMES OF CANDIDATES FOR CONGRESSIONAL, LEGISLATIVE, COUNTY, OR OTHER OFFICES TO BE PLACED IN ALPHABETICAL ORDER IN THE PROPER PLACE ON THE APPROPRIATE BALLOT.

Ordered for consideration tomorrow.

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

S. 987 -- Senator Drummond: A BILL TO AMEND SECTION 1-11-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE STATE BUDGET AND CONTROL BOARD TO PROVIDE LIABILITY INSURANCE FOR STATE AGENCIES AND EMPLOYEES, SO AS TO PROVIDE LIABILITY INSURANCE FOR STATE AGENCIES AND OTHER PUBLIC ENTITIES THROUGH THE DIVISION OF INSURANCE SERVICES RATHER THAN THE DIVISION OF GENERAL SERVICES AND TO AUTHORIZE SUCH COVERAGE FOR PHYSICIANS OR DENTISTS WHO ARE PAID FOR PROFESSIONAL SERVICES FROM FEES PAID TO A PRACTICE PLAN AUTHORIZED BY THEIR EMPLOYERS WHETHER OR NOT INCORPORATED AND REGISTERED WITH THE SECRETARY OF STATE; AND TO AMEND SECTIONS 15-78-30, 15-78-70, AND 15-78-120, ALL AS AMENDED, RELATING TO DEFINITIONS, APPLICATIONS, AND LIMITATIONS ON LIABILITY FOR PURPOSES OF THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO PROVIDE THAT THE ACT EXTENDS TO A LICENSED PHYSICIAN AND DENTIST OTHERWISE COVERED WHO RECEIVES FEES FROM A PRACTICE PLAN AUTHORIZED BY THE LICENSEE'S EMPLOYER WHETHER OR NOT INCORPORATED AND REGISTERED WITH THE SECRETARY OF STATE.

Ordered for consideration tomorrow.

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

S. 1044 -- Senators Courson, Hayes, Martin, Gregory, Passailaigue and Rose: A BILL TO REPEAL CHAPTER 11 OF TITLE 30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECORDATION OF DEEDS AND DOCUMENTS OF RAILROADS.

Ordered for consideration tomorrow.

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

S. 1045 -- Senators Courson, Hayes, Martin, Gregory, Passailaigue and Rose: A BILL TO AMEND SECTION 23-6-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HIGHWAY PATROL DIVISION AND THE STATE POLICE DIVISION WITHIN THE DEPARTMENT OF PUBLIC SAFETY AND THE REQUIREMENT FOR FILING, AMONG OTHER THINGS, A DESCRIPTION AND ILLUSTRATION OF THE OFFICIAL HIGHWAY PATROL UNIFORM, SO AS TO DELETE THE REQUIREMENT THAT THESE FILINGS BE MADE WITH THE SECRETARY OF STATE.

Ordered for consideration tomorrow.

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

S. 1046 -- Senators Courson, Hayes, Martin, Gregory, Passailaigue and Rose: A BILL TO AMEND SECTION 3-3-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAND FOR GEORGETOWN JETTIES AND SPECIFIC GRANTS OR CESSIONS OF LAND JURISDICTION TO THE UNITED STATES, SO AS TO PROVIDE FOR THE FILING OF CERTAIN PLATS WITH THE REGISTER OF MESNE CONVEYANCES FOR GEORGETOWN COUNTY, RATHER THAN IN THE OFFICE OF THE SECRETARY OF STATE.

Ordered for consideration tomorrow.

Senator WILSON from the Committee on Judiciary submitted a favorable report on:

S. 1102 -- Senator Williams: A BILL TO AMEND SECTION 7-13-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRIMARIES CONDUCTED BY THE STATE ELECTION COMMISSION, SO AS TO CLARIFY THAT FILING FEES FOR ALL CANDIDATES FILING TO RUN IN ALL PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE TRANSMITTED BY THE RESPECTIVE POLITICAL PARTY TO THE COMMISSION.

Ordered for consideration tomorrow.

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

H. 3333 -- Rep. Boan: A BILL TO REPEAL SECTION 9-1-1537, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANDATORY RETIREMENT AT AGE SIXTY-TWO FOR MEMBERS OF THE SOUTH CAROLINA HIGHWAY PATROL.

Ordered for consideration tomorrow.

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

H. 3857 -- Reps. Harvin, Felder, Keegan, Stuart, G. Brown, Meacham, Wells, Govan, Neilson, Simrill, Elliott, Askins, Hines, Rhoad, Carnell, Moody-Lawrence, Stone, Kirsh, Mattos, Gamble, T.C. Alexander, Anderson, Stille, Wilkes, Hutson, Chamblee, Harrelson, H. Brown, Klauber, Kelley, Phillips, Wofford, Law, Witherspoon, Gonzales, Lanford, Williams, Townsend, Koon, D. Wilder, McTeer and McAbee: A BILL TO PROVIDE A PROCEDURE WHEREBY ANY MUNICIPAL FIRE DEPARTMENT, FIRE DISTRICT, FIRE PROTECTION AGENCY, OR OTHER EMERGENCY SERVICE ENTITY MAY PROVIDE MUTUAL AID ASSISTANCE, UPON REQUEST, FROM ANY OTHER MUNICIPAL FIRE DEPARTMENT, FIRE DISTRICT, FIRE PROTECTION AGENCY, OR OTHER EMERGENCY SERVICE DELIVERY SYSTEM IN SOUTH CAROLINA AT THE TIME OF A SIGNIFICANT INCIDENT SUCH AS FIRE, EARTHQUAKE, OR HURRICANE.

Ordered for consideration tomorrow.

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

H. 4212 -- Rep. Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-13-175, SO AS TO PROVIDE THAT A CATCH LINE HEADING OR CAPTION WHICH IMMEDIATELY FOLLOWS THE SECTION NUMBER OF ANY SECTION OF THE CODE OF LAWS MUST NOT BE DEEMED TO BE A PART OF THE SECTION AND MUST NOT BE USED TO CONSTRUE THE SECTION MORE BROADLY OR NARROWLY THAN THE TEXT OF THE SECTION WOULD INDICATE.

Ordered for consideration tomorrow.

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

H. 4535 -- Reps. Sheheen, Hodges, Wilkins and J. Wilder: A JOINT RESOLUTION TO PROVIDE FOR 1994 ONLY THE DATES FOR FILING OF ALL CANDIDATES SEEKING NOMINATION BY POLITICAL PARTY PRIMARY, POLITICAL PARTY CONVENTION, OR PETITION IS BETWEEN NOON JUNE FIRST AND NOON JUNE FIFTEENTH; NOTWITHSTANDING THE PROVISIONS OF SECTION 7-11-210 FOR 1994 ONLY THE DATE FOR FILING THE NOTICE OF CANDIDACY AND PLEDGE IS BY NOON JUNE FIFTEENTH; NOTWITHSTANDING THE PROVISIONS OF SECTION 7-13-40 FOR 1994 ONLY THE DATE FOR PRIMARY ELECTIONS IS THE SECOND TUESDAY IN AUGUST; TO CHANGE FOR 1994 ONLY THE DATES FOR FILING FOR OFFICE, FILING THE NOTICE OF CANDIDACY, AND THE DATE FOR PRIMARY ELECTIONS FOR CANDIDATES FOR SCHOOL BOARD WHOSE PRIMARY ELECTIONS COINCIDE WITH THE GENERAL PRIMARY ELECTION ESTABLISHED BY SECTION 7-13-40; FOR 1994 ONLY TO PROVIDE THAT IF RUN-OFF PRIMARY ELECTIONS ARE NECESSARY THEY MUST BE HELD ON AUGUST 23, 1994, NOTWITHSTANDING THE PROVISIONS OF SECTION 7-13-350 THE RESULTS OF ALL ELECTIONS MUST BE CERTIFIED TO THE APPROPRIATE ELECTION COMMISSIONERS BY 12:00 NOON ON SEPTEMBER 6, 1994.

Ordered for consideration tomorrow.

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

H. 4604 -- Rep. Boan: A BILL TO AMEND SECTION 1-11-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY TO PARTICIPATE IN STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO CLARIFY THAT COVERAGE FOR A RETIREE WITH AT LEAST FIVE YEARS' SERVICE UNDER A STATE RETIREMENT SYSTEM IS LIMITED TO SERVICE IN A STATE-COVERED ENTITY AND TO REQUIRE THE LAST FIVE YEARS OF SUCH SERVICE TO HAVE BEEN CONSECUTIVE YEARS IN A FULL-TIME PERMANENT POSITION.

Ordered for consideration tomorrow.

Senator COURSON from the Committee on Invitations polled out H. 4700 favorable:

H. 4700 -- Reps. Koon, M.O. Alexander, Riser and Witherspoon: A CONCURRENT RESOLUTION DESIGNATING THE WEEK OF FEBRUARY 19-26, 1994, AS "FFA WEEK" IN THE STATE OF SOUTH CAROLINA.

Poll of the Invitations Committee on H. 4700

Ayes 8; Nays 0; Not Voting 2

AYES

Courson Peeler Thomas
Patterson Stilwell Russell
O'Dell Passailaigue

TOTAL--8

NAYS

TOTAL--0

NOT VOTING

Wilson Matthews

TOTAL--2

Ordered for consideration tomorrow.

Invitations Accepted

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

An invitation from S.C. Student Legislature to attend a luncheon in the lower lobby (State House) on Tuesday, February 22, 1994, from 1:30 until 2:30 P.M. or immediately upon adjournment.

Poll of the Invitations Committee

Ayes 8; Nays 0; Not Voting 2

AYES

Courson Peeler Thomas
Patterson Stilwell Russell
O'Dell Passailaigue

TOTAL--8

NAYS

TOTAL--0

NOT VOTING

Wilson Matthews

TOTAL--2

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

An invitation from S.C. Chapter, American Physical Therapy Assn. to attend a reception in the lower lobby (State House) on Wednesday, February 23, 1994, from 9:00 until 10:00 A.M.

Poll of the Invitations Committee

Ayes 8; Nays 0; Not Voting 2

AYES

Courson Peeler Thomas
Patterson Stilwell Russell
O'Dell Passailaigue

TOTAL--8

NAYS

TOTAL--0

NOT VOTING

Wilson Matthews

TOTAL--2

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

An invitation from This, That, `N' The Other II Cafe to attend a luncheon at 1519 Harden Street on Wednesday, February 23, 1994, at 1:30 P.M. or immediately upon adjournment.

Poll of the Invitations Committee

Ayes 8; Nays 0; Not Voting 2

AYES

Courson Peeler Thomas
Patterson Stilwell Russell
O'Dell Passailaigue

TOTAL--8

NAYS

TOTAL--0

NOT VOTING

Wilson Matthews

TOTAL--2

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

THIRD READING BILLS

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

S. 1116 -- Senators Drummond, Washington, Patterson, Leventis, Peeler and J. Verne Smith: A JOINT RESOLUTION TO REAUTHORIZE THE STATE BOARD OF PHYSICAL THERAPY EXAMINERS FOR SIX YEARS.

S. 1175 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 1-30-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEPARTMENTS OF STATE GOVERNMENT, SO AS TO REFER TO THE HEAD OF THE DEPARTMENT OF COMMERCE AS THE "SECRETARY OF COMMERCE" INSTEAD OF "DIRECTOR OF THE DEPARTMENT OF COMMERCE", AND PROVIDE THAT THE SECRETARY OF COMMERCE MAY APPOINT A DEPARTMENTAL EXECUTIVE DIRECTOR AND CERTAIN DIRECTORS TO MANAGE THE DIVISIONS OF THE DEPARTMENT; TO AMEND SECTION 13-1-30, RELATING TO DIRECTOR OF THE DEPARTMENT OF COMMERCE, HIS DUTIES AND RESPONSIBILITIES, AND DEPUTY DIRECTORS, SO AS TO PROVIDE THAT THE DEPARTMENT SHALL BE HEADED BY A SECRETARY, TO BE KNOWN AS THE SECRETARY OF COMMERCE, RATHER THAN A DIRECTOR, AUTHORIZE THE SECRETARY TO APPOINT AN EXECUTIVE DIRECTOR TO SERVE AT THE PLEASURE OF THE SECRETARY AND TO BE RESPONSIBLE TO THE SECRETARY FOR THE OPERATION OF PROGRAMS OUTLINED BY THE SECRETARY, AND AUTHORIZE THE SECRETARY TO APPOINT A "DIRECTOR", RATHER THAN A "DEPUTY DIRECTOR", FOR EACH DIVISION OF THE DEPARTMENT, WHO SHALL SERVE AT THE PLEASURE OF THE SECRETARY AND BE RESPONSIBLE TO THE SECRETARY FOR THE OPERATION OF THE PROGRAMS OUTLINED BY HIM; TO AMEND SECTION 13-1-310, RELATING TO THE DIVISION OF STATE DEVELOPMENT OF THE DEPARTMENT OF COMMERCE AND CERTAIN DEFINITIONS, SO AS TO DELETE THE TERM "DEPUTY DIRECTOR", SUBSTITUTE THEREFOR "DIRECTOR", PROVIDE THAT "DIRECTOR" MEANS THE DIRECTOR FOR THE DIVISION OF STATE DEVELOPMENT, AND PROVIDE FOR THE DEFINITION OF "SECRETARY" IN LIEU OF "DIRECTOR"; TO AMEND SECTION 13-1-610, RELATING TO THE DIVISION OF SAVANNAH VALLEY DEVELOPMENT OF THE DEPARTMENT OF COMMERCE AND CERTAIN DEFINITIONS, SO AS TO DELETE "DEPUTY DIRECTOR", SUBSTITUTE THEREFOR "DIRECTOR", PROVIDE THAT "DIRECTOR" MEANS THE DIRECTOR FOR THE DIVISION OF SAVANNAH VALLEY DEVELOPMENT, AND PROVIDE FOR THE DEFINITION OF "SECRETARY" IN LIEU OF "DIRECTOR"; TO AMEND SECTION 13-1-1320, RELATING TO THE DIVISION OF PUBLIC RAILWAYS OF THE DEPARTMENT OF COMMERCE AND CERTAIN DEFINITIONS, SO AS TO PROVIDE FOR THE DEFINITION OF "SECRETARY" IN LIEU OF "DIRECTOR", DELETE "DEPUTY DIRECTOR", SUBSTITUTE THEREFOR "DIRECTOR", AND PROVIDE THAT "DIRECTOR" MEANS THE PERSON OR PERSONS APPOINTED BY THE SECRETARY TO SUPERVISE AND CARRY OUT THE FUNCTIONS AND DUTIES OF THE PUBLIC RAILWAYS DIVISION; TO AMEND SECTION 55-1-5, RELATING TO THE DIVISION OF AERONAUTICS OF THE DEPARTMENT OF COMMERCE AND CERTAIN DEFINITIONS, SO AS TO PROVIDE FOR THE DEFINITION OF "SECRETARY" IN LIEU OF "DIRECTOR", DELETE "DEPUTY DIRECTOR", SUBSTITUTE THEREFOR "DIRECTOR", AND PROVIDE THAT "DIRECTOR" MEANS THE PERSON OR PERSONS APPOINTED BY THE SECRETARY TO SUPERVISE AND CARRY OUT THE FUNCTIONS AND DUTIES OF THE DIVISION OF AERONAUTICS; TO PROVIDE THAT UPON THE EFFECTIVE DATE OF THIS ACT THE TITLE "DIRECTOR OF THE DEPARTMENT OF COMMERCE" IS CHANGED FOR ALL PURPOSES UNDER THE LAWS OF THIS STATE TO "SECRETARY OF COMMERCE"; TO PROVIDE THAT CERTAIN TERMS MEAN AND INCLUDE THE SECRETARY OF COMMERCE WHENEVER THE CONTEXT CAN BE CONSTRUED TO INCLUDE OR REFER TO THE EXECUTIVE AND ADMINISTRATIVE HEAD OF THE DEPARTMENT OF COMMERCE OR HIS DESIGNEE; TO PROVIDE THAT CERTAIN TERMS MEAN AND INCLUDE A DIRECTOR WITHIN THE DEPARTMENT OF COMMERCE WHENEVER THE CONTEXT CAN BE CONSTRUED TO INCLUDE OR REFER TO ANY PERSON APPOINTED BY THE SECRETARY OF COMMERCE AS THE ADMINISTRATIVE HEAD OF A PARTICULAR DIVISION OF THE DEPARTMENT OF COMMERCE; TO PROVIDE THAT "DIRECTOR OF THE DEPARTMENT OF COMMERCE" WHEREVER USED OR SET FORTH IN THE LAWS OF THIS STATE MEANS THE SECRETARY OF COMMERCE, THAT IS, THE EXECUTIVE AND ADMINISTRATIVE HEAD OF THE DEPARTMENT OF COMMERCE; AND TO REQUIRE THE CODE COMMISSIONER TO CHANGE CERTAIN TERMINOLOGY AND NOMENCLATURE SO AS TO COMPLY WITH THE DIRECTIVES AND THE INTENT OF THIS ACT.

SECOND READING BILLS

The following Bill and Joint Resolutions having been read the second time were ordered placed on the third reading Calendar:

H. 4653 -- Rep. Snow: A BILL TO REPEAL SECTION 50-17-670, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION NUMBERS ON LICENSED SHRIMP TRAWLERS.

S. 1186 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO EXTRACURRICULAR SERVICES AND TRANSPORTATION OF HANDICAPPED STUDENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1636, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 1187 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ACADEMIC REQUIREMENTS FOR ADDING INSTRUCTIONAL AREAS OF CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1680, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

AMENDED, READ THE SECOND TIME

S. 672 -- Senator Land: A BILL TO AMEND CHAPTER 4, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA TAX COMMISSION, BY ADDING ARTICLE 9 SO AS TO AUTHORIZE THE COMMISSION TO SEEK A DECLARATORY JUDGMENT TO DETERMINE THE CONSTITUTIONALITY OR LEGALITY OF A TAX LAW OR LAW PROVIDING FOR THE ADMINISTRATION OF TAXES, TO PROVIDE FOR THE CASE TO BE HEARD IN THE SUPREME COURT ON AN EXPEDITED BASIS, TO PROVIDE FOR THE APPLICATION OF TAX LAW SUBJECT TO THE ACTION, AND TO PROVIDE TAXPAYER REMEDIES.

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

The Finance Committee proposed the following amendment (JIC\5499HC.94), which was adopted:

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

/SECTION 1. The General Assembly finds that:

(1) On occasion, the South Carolina Department of Revenue and Taxation is confronted with the administration and enforcement of a state statute when there are material concerns about the statute's constitutionality or legality. These concerns may arise from a statute of another state having similar effect and force being declared unconstitutional by the United States Supreme Court or by the highest court of another state, or by the enactment of a federal statute preempting state law.

(2) It is in the public's interest, and it is the intent of the General Assembly that there be no continuation of the administration and enforcement of an unconstitutional or illegal law.

(3) The purpose of this act is to provide a procedure to suspend temporarily the administration and enforcement of the statute until the courts can review the statute and determine whether or not it is invalid.

SECTION 2. Chapter 4, Title 12 of the 1976 Code is amended by adding:

"Article 9

Declaratory Judgments

Section 12-4-910. If the department determines that there is material doubt as to the constitutionality or legality of a tax statute or a statute which affects its ability to administer and enforce the tax laws, the department, after advising the State Budget and Control Board, may file a declaratory judgment action with the Supreme Court petitioning the court to review and determine the statute's constitutionality, legality, or both. The Supreme Court, upon receipt of the petition, shall schedule the matter for consideration at the earliest practicable date. Except as otherwise provided in this article, this action must be conducted in accordance with Chapter 53 of Title 15.

Section 12-4-920. A taxpayer whose duty to pay the tax and a person whose duty to collect the tax may be affected by the declaratory judgment action may intervene in the action.

Section 12-4-930. If an exemption, exclusion, deduction, or credit is determined to be unconstitutional or illegal, then, unless the imposition statute of the tax specifically provides otherwise, it is the legislative intent of the General Assembly that the tax be upheld and the exemption, exclusion, deduction, or credit be declared void.

Section 12-4-940. All statutes of limitations for assessment, collection, and claims and suits for refund are suspended from the date the action is filed until ninety days after the decision in the case becomes final.

Section 12-4-950. (A) If the statute imposes a tax, taxpayers shall continue to file returns showing the disputed tax during the pendency of the action, but need not pay the tax. If the tax is upheld, failure to pay penalties and interest are waived if the tax is paid within ninety days after the decision becomes final.

(B) If the statute allows an exemption, exclusion, deduction, or credit, taxpayers may continue to claim the exemption, exclusion, deduction, or credit, and if the exemption, exclusion, deduction, or credit is declared unconstitutional or illegal, failure to pay penalties and interest are waived if the tax is paid within ninety days after the decision becomes final.

Section 12-4-960. In addition to all other remedies, a taxpayer who after the petition provided in Section 12-4-720 is filed pays a tax which is declared to be unconstitutional or illegal under this article, may file a claim for refund any time within one year and ninety days after the decision becomes final. If, after administrative remedies are exhausted, the claim for refund is denied by the department, the taxpayer may file a suit for refund within thirty days from the date of the department's denial."

SECTION 3. Section 12-47-440 of the 1976 Code is amended to read:

"Section 12-47-440. Notwithstanding any other provisions of this Title law, whenever if it shall appear appears to any a taxpayer person that any license fee or tax or fee administered by the department imposed under this Title has been erroneously, improperly, or illegally assessed, collected, or otherwise paid over to the Commission department, the taxpayer person, by whom or on whose behalf the license fee or tax or fee was paid, may make application apply to the Commission department to abate or refund in whole or in part such the license fee or tax or fee. Should the Commission department, after having given such taxpayer the person a reasonable opportunity to be heard, decline declines to make such the abatement or refund, the taxpayer person may, within thirty days of the date of receipt of notice of the Commission's department's action declining the abatement or refund, bring an action against the Commission department for recovery of the license fee or tax or fee. The provisions of this section shall apply whether or not the license fee or tax or fee in question was paid under protest, but shall are only be available where the application provided for here is made in writing to the Commission department within a period of three years from the date the license fee or tax or fee was due to have been paid, without regard to extensions of time for payment, or if a later date would result, within one year of payment where an additional license fee or tax or fee is assessed and paid. Such The action shall must be brought in the court of common pleas for Richland County except that a resident of this State may elect to bring said the action in the court of common pleas for the county of his residence. A taxpayer or licensee who brings an action provided for in Sections 12-47-210 and 12-47-220 shall be is considered as having elected his remedy and is denied the benefits of this section."

SECTION 4. This act takes effect upon approval by the Governor except that Section 3 of this act is effective with respect to tax years beginning after December 31, 1989, and with respect to claims for refunds for prior years which are under review by the Department of Revenue and Taxation on the date the Governor approves this act./

Renumber sections to conform.

Amend title to conform.

Senator LEATHERMAN explained the amendment.

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

AMENDED, READ THE SECOND TIME

S. 1064 -- Senator Land: A BILL TO AMEND SECTION 58-17-4095, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITIONS ON RAILROAD RIGHTS-OF-WAY, SO AS TO PROHIBIT PEDESTRIANS ON RAILROAD TRACKS AND TO MAKE THE SECTION APPLY TO ALL RAILROAD RIGHTS-OF-WAY.

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

Senator WILSON proposed the following amendment (1064R001.AGW), which was adopted:

Amend the bill, as and if amended, page 1, after line 37, by adding a new item to read:

/ ( ) is a land surveyor, an employee, or other individual subject to the supervision of the land surveyor while working within the scope of employment. /.

Amend the bill further, as and if amended, page 1, line 34, by striking the word / or / and inserting / or /.

Amend the bill further, as and if amended, page 1, line 37, by striking the period and inserting / ; or /.

Amend title to conform.

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

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

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.

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

THE SENATE PROCEEDED TO THE MOTION PERIOD.

MOTION ADOPTED

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

THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.

CARRIED OVER

S. 850 -- Senators Rose, McConnell, Passailaigue and Mescher: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 5, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE AND TAXATION, BY AMENDING SECTION 5, SO AS TO PROVIDE THAT ANY TAX, SUBSIDY, OR CHARGE WHICH IS ESTABLISHED, FIXED, LAID, OR LEVIED BY THE GENERAL ASSEMBLY MUST BE USED SOLEY FOR THE PURPOSE TO WHICH THE PROCEEDS OF THE TAX OR CHARGE WERE STATED TO BE APPLIED AT THE TIME THE LEGISLATION WAS PASSED AND FOR NO OTHER PURPOSE, UNLESS TWO-THIRDS OF BOTH HOUSES OF THE GENERAL ASSEMBLY STATE OTHERWISE.

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

On motion of Senator MOORE, the Joint Resolution was carried over.

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

CARRIED OVER

S. 226 -- Senator Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-27-110 SO AS TO PROVIDE LEASE-PURCHASE OR LEASE-BACK AGREEMENTS INVOLVING REAL PROPERTY ENTERED INTO BY THE STATE OR POLITICAL SUBDIVISIONS OF THE STATE WHEREIN THE STATE OR POLITICAL SUBDIVISION IS THE LESSEE CONSTITUTES GENERAL OBLIGATION DEBT FOR THE PERIOD OF THE LEASE AND TO PROVIDE THAT THIS GENERAL OBLIGATION DEBT MAY NOT VIOLATE THE CONSTITUTIONAL DEBT LIMITATIONS APPLICABLE TO THE STATE OR POLITICAL SUBDIVISION UNDER ARTICLE X OF THE STATE CONSTITUTION.

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

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

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

CARRIED OVER

H. 3416 -- Reps. Gonzales, Hutson, A. Young, Hallman, Simrill, R. Smith, Harwell, Holt, R. Young, Law, Wofford, Fulmer, Harrell, Neal, Littlejohn, Keyserling, Shissias, J. Bailey, Cooper, Huff, Corning, Breeland, Richardson, Neilson, Canty, Stone, Whipper, Davenport, Vaughn, Stille, H. Brown, M.O. Alexander, Walker, Haskins, Jaskwhich, McTeer, Inabinett, Harvin, McCraw, Phillips, Farr, Harrelson, Moody-Lawrence and J. Harris: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-7-32 SO AS TO AUTHORIZE A MUNICIPALITY TO APPOINT AND COMMISSION CODE ENFORCEMENT OFFICERS WITH THE POWER OF CONSTABLES AS NECESSARY FOR THE SECURITY, GENERAL WELFARE, AND CONVENIENCE OF THE MUNICIPALITY.

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

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

MOTION ADOPTED
On motion of Senator WILSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Brodie Bell Reeves Johnson of Springdale, S.C.

ADJOURNMENT

At 11:40 A.M., on motion of Senator MOORE, the Senate adjourned to meet tomorrow at 11:00 A.M.

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