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 Senator J. VERNE SMITH.

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

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

The Senate resumed.

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

Senator STILWELL introduced Dr. Donald G. Gregg of Greenville, S.C., Doctor of the Day.

On motion of Senator LANDER, at 11:00 A.M., Senator RUSSELL was granted a leave of absence for today.

On motion of Senator MOORE, at 11:00 A.M., Senator SETZLER was granted a leave of absence for today.

At 12:15 P.M., Senator DRUMMOND requested a leave of absence until 6:10 P.M.

On motion of Senator WILSON, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.

At 11:25 A.M., Senator MACAULAY asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 11:45 A.M.

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

The following were introduced:

S. 1248 -- Senator Mitchell: A BILL TO AMEND SECTION 47-5-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE SALE OF WILD CARNIVORES AS PETS, SO AS TO DELETE THE REFERENCE TO FERRETS AND EXEMPT THEM FROM THE PROHIBITION.

Senator MITCHELL spoke on the Bill.

Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 1249 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-21-710 SO AS TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES TO DEVELOP WRITTEN POLICIES AND PROCEDURES FOR PAROLE HEARINGS TO BE HELD BY VIDEO CAMERA AND TO PROMULGATE CERTAIN REGULATIONS, ALLOW THE VICTIM OF THE CRIME FOR WHICH A PRISONER HAS BEEN SENTENCED TO SUBMIT ON FILM, VIDEO TAPE, OR OTHER ELECTRONIC MEANS OR IN THE FORM OF A RECORDING OR TESTIMONY AT THE PRISONER'S PAROLE HEARING INFORMATION FOR CONSIDERATION BY THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES, ALLOW THE SAME PROCEDURE FOR THE PROSECUTING SOLICITOR, REQUIRE THE BOARD TO CONSIDER, IN MAKING ITS DETERMINATION REGARDING PAROLE FOR A PRISONER, MATERIAL ON FILM, VIDEO TAPE, OR OTHER ELECTRONIC MEANS OR IN THE FORM OF A RECORDING SUBMITTED BY THE PERSON WHOSE PAROLE IS BEING CONSIDERED AND MATERIAL ON FILM, VIDEO TAPE, OR OTHER ELECTRONIC MEANS OR IN THE FORM OF A RECORDING OR TESTIMONY SUBMITTED BY THE PROSECUTING SOLICITOR OR THE VICTIM OR BOTH, AND PROVIDE FOR RELATED MATTERS AND DETAILS CONCERNING SUCH FILM, VIDEO TAPE, OTHER ELECTRONIC INSTRUMENT, OR RECORDING ALLOWED BY THIS SECTION; TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO INSTALL AND USE A CLOSED CIRCUIT TELEVISION SYSTEM IN EACH CORRECTIONAL INSTITUTION OF THE DEPARTMENT THAT HAS PERSONS ELIGIBLE FOR PAROLE, AND REQUIRE THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES TO INSTALL AND USE THE SAME SYSTEM AT THE PRINCIPAL OFFICE OF THE DEPARTMENT, FOR THE PURPOSE OF THE CONDUCT OF PAROLE HEARINGS BY MEANS OF A TWO-WAY CLOSED CIRCUIT TELEVISION SYSTEM, AND REQUIRE THAT PAROLE HEARINGS BE CONDUCTED BY MEANS OF SUCH SYSTEM.

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

S. 1250 -- Senators Peeler, O'Dell, Martin and Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-36-2680 SO AS TO AUTHORIZE THE SALES TAX EXEMPTION CERTIFICATE FOR CERTAIN ITEMS TO BE FILED WITH THE RETAILER RATHER THAN PRESENTED AT THE TIME OF EACH SALE, TO REQUIRE THE BUYER MAKING A TAX-EXEMPT PURCHASE PURSUANT TO A CERTIFICATE ON FILE WITH THE RETAILER TO NOTE ON THE PURCHASE INVOICE THE EXEMPT ITEMS, STATE THAT THE PURCHASES ARE FOR EXEMPT PURPOSES, AND SIGN THE PURCHASE INVOICE, AND TO PROVIDE THAT THE PURCHASER'S SIGNATURE ON SUCH AN INVOICE MAKES THE PURCHASER LIABLE FOR ANY TAX DETERMINED TO BE DUE ON THE SALE.

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

S. 1251 -- Senators Giese and Wilson: A BILL TO AMEND SECTION 12-45-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME FOR PAYING PROPERTY TAXES AND THE MANNER OF COLLECTION OF THESE TAXES, SO AS TO AUTHORIZE THE GOVERNING BODY OF A COUNTY BY ORDINANCE TO ALLOW THE PAYMENT OF PROPERTY TAXES ON AN INSTALLMENT BASIS IN HARDSHIP CASES, TO DEFINE HARDSHIP CASES, AND TO PROVIDE THAT THE COUNTY TREASURER SHALL DETERMINE ELIGIBILITY ON A CASE-BY-CASE BASIS.

Senator GIESE spoke on the Bill.

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

S. 1252 -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-215 SO AS TO PROVIDE THAT NO MARRIAGE LICENSE MAY BE ISSUED UNLESS THE APPLICANTS PRESENT A PHYSICIAN'S CERTIFICATE THAT UPON EXAMINATION, NO EVIDENCE WAS FOUND OF VENEREAL DISEASE OR TUBERCULOSIS AND TO PROVIDE EXCEPTIONS AND PENALTIES; AND TO AMEND SECTION 20-1-230, RELATING TO REQUIREMENTS TO OBTAIN A MARRIAGE LICENSE, SO AS TO ALSO REQUIRE THE PHYSICIAN'S CERTIFICATE PROVIDED FOR IN SECTION 20-1-215.

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

S. 1253 -- Senators Washington and Matthews: A BILL TO AMEND SECTION 31-17-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MOVING PERMIT FOR A MOBILE HOME, SO AS TO PROVIDE THAT A MOBILE HOME DEALER MUST COMPLY WITH THE REGULATIONS OF THE SOUTH CAROLINA MANUFACTURED HOUSING BOARD AND THE PROVISIONS OF SECTION 44-55-830 PRIOR TO PLACING A MOBILE HOME UPON A NEW SITE FOR OCCUPANCY.

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

S. 1254 -- Senator Greg Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-2155 SO AS TO PROVIDE SPECIAL LICENSE PLATES FOR MEMBERS OF THE CHARLESTON COUNTY AND GEORGETOWN COUNTY PILOTAGE COMMISSIONS.

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

S. 1255 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE ATHLETIC COMMISSION, RELATING TO INVESTIGATIONS AND HEARINGS HELD BY THE COMMISSION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1733, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 1256 -- Senator Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 78 TO TITLE 44, SO AS TO ENACT THE EMERGENCY MEDICAL SERVICES DO NOT RESUSCITATE ACT, TO PROVIDE FOR CIRCUMSTANCES UNDER WHICH EMERGENCY MEDICAL SERVICES PERSONNEL MAY NOT RESUSCITATE PATIENTS, TO PROVIDE A FORM FOR THIS ORDER, TO PROVIDE FOR REVOCATION OF AN ORDER, AND TO PROVIDE CIVIL AND CRIMINAL IMMUNITY.

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

S. 1257 -- Senator Courtney: A SENATE RESOLUTION RECOGNIZING AND CONGRATULATING FIRST PRESBYTERIAN CHURCH OF SPARTANBURG ON ITS ONE HUNDRED FIFTIETH ANNIVERSARY AND WISHING MANY MORE YEARS OF HAPPINESS AND SUCCESS FOR THIS OUTSTANDING CONGREGATION.

The Senate Resolution was adopted.

H. 4901 -- Reps. A. Young, G. Bailey, Harrell, Hutson and Cobb-Hunter: A CONCURRENT RESOLUTION SALUTING JOHN MCKISSICK, LEGENDARY SUMMERVILLE HIGH SCHOOL FOOTBALL COACH, WHO HAS WON MORE FOOTBALL GAMES THAN ANY OTHER COACH IN HISTORY.

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

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

H. 4332 -- Reps. Sheheen, Rudnick and Stuart: A BILL TO AMEND SECTION 7-19-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONGRESSIONAL DISTRICTS, SO AS TO REAPPORTION AND FURTHER PROVIDE FOR THE COMPOSITION OF THE DISTRICTS IN ACCORDANCE WITH THE UNITED STATES CENSUS OF 1990, TO FURTHER PROVIDE FOR CONGRESSIONAL DISTRICT REPRESENTATIVES ON BOARDS, COMMITTEES, AND COMMISSIONS, AND TO PROVIDE FOR THE MANNER IN WHICH CERTAIN VACANCIES MUST BE FILLED.

Ordered for consideration tomorrow.

S. 1246 -- Senator Holland: A CONCURRENT RESOLUTION EXTENDING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF SOUTH CAROLINA TO MRS. WILLIENE WEST OGBURN OF CAMDEN IN KERSHAW COUNTY UPON THE OCCASION OF BEING SELECTED MS. SENIOR SOUTH CAROLINA.

Returned with concurrence.

Received as information.

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

The following House Bill was read the third time and ordered returned to the House with amendments:

H. 4842 -- Reps. Thomas, Kennedy and Snow: A BILL TO PROVIDE THAT TRUSTEES OF THE GEORGETOWN COUNTY SCHOOL DISTRICT MUST BE ELECTED IN A NONPARTISAN ELECTION HELD AT THE TIME OF THE GENERAL ELECTION, TO PROVIDE THAT PERSONS MAY BECOME CANDIDATES BY FILING A STATEMENT OF CANDIDACY, AND TO PROVIDE THE METHOD OF DETERMINING RESULTS AND THE DATE THE TRUSTEES TAKE OFFICE.

(By prior motion of Senator GREG SMITH)

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

S. 1183 -- Senator Drummond: A BILL TO AMEND SECTION 1-1-1020, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSTALLMENT PURCHASE PROGRAM OF THE DIVISION OF GENERAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD FOR LEASE OR RESALE OF EQUIPMENT TO STATE AGENCIES, SO AS TO MOVE THE ADMINISTRATION OF THE PROGRAM TO THE OFFICE OF THE STATE TREASURER AND PROVIDE THAT THE PROGRAM IS FOR THE PURPOSE OF LENDING TO STATE AGENCIES TO LEASE OR PURCHASE CERTAIN TYPES OF EQUIPMENT PURSUANT TO STATE PROCUREMENT LAWS AND REGULATIONS, TO PROVIDE ADDITIONAL EQUIPMENT WHICH MAY BE PURCHASED PURSUANT TO THE PROGRAM, AND TO PROVIDE LOWER STATED RATES OF INTEREST FOR AGENCIES BORROWING AND FOR INSURANCE RESERVE FUND LOANS FOR OPERATING THE PROGRAM.

S. 1149 -- Senators Greg Smith, Rankin, McGill and Washington: A BILL TO AMEND SECTION 1-11-720, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES ARE ELIGIBLE FOR STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO PROVIDE THAT COMMUNITY ACTION AGENCIES ARE ELIGIBLE FOR SUCH BENEFITS.

S. 894 -- Senators Hayes, Giese, Lander and Washington: A BILL TO AMEND SECTION 56-5-1210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF DRIVER INVOLVED IN ACCIDENT RESULTING IN DEATH OR PERSONAL INJURY, SO AS TO INCREASE THE PENALTIES FOR LEAVING THE SCENE OF AN ACCIDENT WHEN DEATH RESULTS.

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

The Transportation Committee proposed the following amendment (N05\7675BDW.94), which was adopted:

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

/SECTION 1. Section 56-5-1210 of the 1976 Code is amended to read:

"Section 56-5-1210. (A) The driver of any a vehicle involved in an accident resulting in injury to or the death of any a person shall immediately shall stop such the vehicle at the scene of such the accident or as close thereto to it as possible, but shall then forthwith return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of Section 56-5-1230. Every such The stop shall must be made without obstructing traffic more than is necessary. Any A person who failing fails to stop or to comply with such the requirements under such circumstances shall of this section, upon conviction, must be punished by imprisonment for not less than thirty days nor more than one year or by a fine of not less than one hundred dollars nor more than five thousand dollars, or by both such fine and imprisonment. fined not less than:

(1) five thousand nor more than ten thousand dollars and imprisoned not less than thirty days nor more than ten years when great bodily injury results; or

(2) ten thousand nor more than twenty-five thousand dollars and imprisoned not less than one year nor more than twenty-five years when death results.

(B) As used in this section, `great bodily injury' means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of a bodily member or organ.

(C) The department shall revoke the driver's license of the person so convicted pursuant to this section."

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

Amend title to conform.

Senator HAYES 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:

S. 1247 -- Senators Waldrep and O'Dell: A BILL TO AMEND ACT 269 OF 1989, AS AMENDED, RELATING TO ANNUAL BUDGETS AND SCHOOL TAXES FOR THE ANDERSON COUNTY SCHOOL DISTRICTS, SO AS TO PROVIDE THAT THE TAX MILLAGE MUST BE SET BY THE ANDERSON COUNTY BOARD OF EDUCATION BASED ON THE CERTIFIED ASSESSMENT VALUES PROVIDED TO THE BOARD BY THE ANDERSON COUNTY AUDITOR, TO DELETE REFERENCES TO OTHER DATES BY WHICH MILLAGE MUST BE SET, AND PROVIDE THAT THE MILLAGE MUST BE SET IN A TIMELY MANNER AND TO CORRECT AN OBSOLETE REFERENCE.

(By prior motion of Senator WALDREP)

H. 4328 -- Reps. D. Wilder and Rudnick: A BILL TO AMEND ACT 768 OF 1973, AS AMENDED, RELATING TO THE GLENN SPRINGS-PAULINE RURAL FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE DEBT AUTHORIZATION FOR THE DISTRICT FROM FIFTY THOUSAND DOLLARS TO TWO HUNDRED FIFTY THOUSAND DOLLARS AND TO PROVIDE THAT THIS INCREASE MAY NOT RESULT IN A FEE OR PROPERTY TAX INCREASE WITHOUT A FAVORABLE VOTE OF THE QUALIFIED ELECTORS RESIDING IN THE DISTRICT IN A REFERENDUM HELD ON THE QUESTION OF SUCH AN INCREASE.

On motion of Senator COURTNEY, H. 4328 was ordered to receive a third reading on Friday, March 11, 1994.

H. 4866 -- Rep. Spearman: A BILL TO AMEND SECTION 7-7-480, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF PRECINCTS IN SALUDA COUNTY, SO AS TO REDESIGNATE THE PRECINCTS, AND PROVIDE THAT THE PRECINCT LINES DEFINING THE PRECINCTS ARE AS SHOWN ON OFFICIAL MAPS ON FILE WITH THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE BUDGET AND CONTROL BOARD DESIGNATED AS DOCUMENT P-81-94, AND MUST BE ESTABLISHED BY THE SALUDA COUNTY ELECTION COMMISSION SUBJECT TO THE APPROVAL OF A MAJORITY OF THE SALUDA COUNTY LEGISLATIVE DELEGATION.

On motion of Senator LANDER, H. 4866 was ordered to receive a third reading on Friday, March 11, 1994.

S. 178 -- Senator Drummond: A BILL TO AMEND SECTIONS 4-29-140, 44-7-1590, 48-3-140, AND 58-19-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE BY WHICH THE BUDGET AND CONTROL BOARD APPROVES THE ISSUANCE OF REVENUE BONDS FOR VARIOUS PURPOSES, SO AS TO CHANGE THE PROCEDURE FOR THE ISSUANCE OF THESE BONDS.

H. 4499 -- Reps. Harwell, McLeod, G. Brown, McKay, Hines, Baxley, Neilson, Canty, Neal, Askins and Houck: A BILL TO AMEND SECTION 49-29-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF SCENIC RIVERS, SO AS TO DESIGNATE A PORTION OF THE LYNCHES RIVER.

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

There was no objection.

On motion of Senator LEATHERMAN, H. 4499 was ordered to receive a third reading on Friday, March 11, 1994.

S. 1245 -- Finance Committee: A BILL TO AMEND SECTIONS 27-18-180, 27-18-190, 27-18-240, AND 27-18-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM UNCLAIMED PROPERTY ACT, SO AS TO INCREASE FROM TWENTY-FIVE DOLLARS TO FIFTY DOLLARS THE THRESHOLD VALUE ABOVE WHICH CERTAIN UNCLAIMED PROPERTY MUST BE REPORTED, TO DELETE THE SEPARATE REPORTING AND NOTICE DATE FOR LIFE INSURANCE COMPANIES, TO ALLOW PAYMENT OF A FINDER'S FEE FOR THE DELIVERY OF UNCLAIMED PROPERTY HELD BY A NONRESIDENT AND TO ESTABLISH CONDITIONS FOR THE PAYMENT OF THIS FEE, TO MAKE MANDATORY THE PAYMENT OF INTEREST ON LATE DELIVERED PROPERTY, AND TO REPLACE SEPARATE PENALTY PROVISIONS WITH THE COLLECTION AND ENFORCEMENT PROVISIONS APPLICABLE TO TAXES FOR WHICH RETURNS MUST BE FILED WITH THE SOUTH CAROLINA DEPARTMENT OF REVENUE AND TAXATION.

H. 3635 -- Rep. Stone: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-647 SO AS TO DESIGNATE THE TIGER SWALLOWTAIL AS THE OFFICIAL STATE BUTTERFLY.

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

The General Committee proposed the following amendment (DKA\3302BDW.94), which was adopted:

Amend the bill, as and if amended, page 1, after line 13 and before line 15, by inserting:

/Whereas, the tiger swallowtail, a large, yellow, black-striped butterfly, is one of the most familiar butterflies in North America and is one of the most common and conspicuous butterflies in the Eastern United States; and

Whereas, documentation of this butterfly in South Carolina dates back to 1725 when it was painted with a native shrub by an English painter, Mark Catesby; and

Whereas, the Garden Club of South Carolina has identified the tiger swallowtail as of particular interest to South Carolinians because it can be seen in deciduous woods, along streams, rivers, and wooded swamps, and in towns and cities throughout South Carolina. Now, therefore,/

Amend title to conform.

Senator MOORE explained the amendment.

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

On motion of Senator MOORE, H. 3635 was ordered to receive a third reading on Friday, March 11, 1994.

H. 4532 -- Reps. Hodges, Corning, Cromer, Harwell, Jennings, Scott, D. Smith, J. Wilder, R. Young, Wilkins, Harrell, Clyborne and Boan: A BILL TO AMEND SECTION 58-9-570, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FACTORS WHICH THE PUBLIC SERVICE COMMISSION MUST CONSIDER IN DETERMINING RATES FOR TELEPHONE COMPANIES, SO AS TO PROVIDE THAT, UNDER CERTAIN CONDITIONS, THE COMMISSION MAY ADOPT ANY ALTERNATIVE REGULATORY PLAN THE COMMISSION CONSIDERS APPROPRIATE AND IN THE PUBLIC INTEREST UPON DETERMINING THAT A TELEPHONE UTILITY IS SUBJECT TO COMPETITION WITH RESPECT TO A PARTICULAR SERVICE OR WITH RESPECT TO ITS SERVICES GENERALLY.

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

The Judiciary Committee proposed the following amendment (JUD4532.004), which was adopted:

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

/ SECTION 1. The 1976 Code is amended by adding:

"Section 58-9-575. (A) Notwithstanding the provisions of Section 58-9-570, in fixing rates and charges for a local exchange telephone utility, the commission may, upon the request of the telephone utility or upon the commission's own motion, consider, in lieu of the procedures provided in this chapter, alternative means of regulating the telephone utility. If the commission determines that a local exchange telephone utility is subject to competition with respect to its services, the commission may implement regulatory alternatives, including, but not limited to, equitable sharing of earnings between a local exchange telephone utility and its customers, consistent with the provisions of Section 58-9-330.

(B) The commission shall review and may authorize implementation of an alternative regulatory plan under subsection (A) if it finds, after notice and hearing, that the substantial evidence of record shows that the plan:

(1) is consistent with the public interest;

(2) does not jeopardize the availability of reasonably affordable and reliable telecommunications services;

(3) provides clearly identifiable benefits to consumers that are not otherwise available under existing regulatory procedures;

(4) will reduce regulatory delay and costs;

(5) provides adequate safeguards to consumers of telecommunications services, including other telecommunications companies, when such services are not readily available from alternative suppliers in the relevant geographic market;

(6) includes effective safeguards to assure that rates for noncompetitive services do not subsidize the prices charged for competitive services. In determining whether a service is competitive, the commission shall consider, at a minimum, the availability, market share, and price of comparable service alternatives;

(7) assures that rates for noncompetitive services are just, reasonable, or not unduly discriminatory and provide a contribution to basic local telephone service; and

(8) does not jeopardize the ability of the telephone utility to provide quality, affordable telecommunications service.

(C) The commission may, on its own motion or the motion of any interested party, review any decision adopting an alternative method of regulation for a local exchange telephone utility. After notice and opportunity to be heard and upon a showing by substantial evidence, the commission may impose regulatory standards consistent with the provisions of this chapter."

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.

On motion of Senator HOLLAND, H. 4532 was ordered to receive a third reading on Friday, March 11, 1994.

S. 797 -- Senator Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-41-5 SO AS TO PROVIDE A REFERENCE TO AND THE PURPOSES OF THE "SOUTH CAROLINA GASOLINE, LUBRICATING OILS, AND OTHER PETROLEUM PRODUCTS ACT", SECTION 39-41-185 SO AS TO PROVIDE LABELING REQUIREMENTS FOR MOTOR FUEL RETAIL DEALERS, AND SECTION 39-41-195 SO AS TO PROVIDE ADMINISTRATIVE PENALTIES; TO AMEND SECTION 39-41-10, RELATING TO THE DEFINITION OF PETROLEUM, SO AS TO INCLUDE OXYGENATED COMPOUND BLENDS; TO AMEND SECTION 39-41-20, RELATING TO PETROLEUM ANALYSTS, CHEMISTS, AND INSPECTORS, SO AS TO PROVIDE FOR STOP-SALE ORDERS BY THE COMMISSIONER OF AGRICULTURE; TO AMEND SECTION 39-41-50, RELATING TO FILING REQUIREMENTS FOR PETROLEUM MANUFACTURERS, WHOLESALERS, AND JOBBERS, SO AS TO PROVIDE FOR AN ADMINISTRATIVE PENALTY; TO AMEND SECTION 39-41-160, RELATING TO CRIMINAL PENALTIES PERTAINING TO PETROLEUM PRODUCTS, SO AS TO INCREASE THE MONETARY PENALTIES; AND TO AMEND SECTION 39-41-190, RELATING TO GENERAL PENALTIES PERTAINING TO PETROLEUM PRODUCTS, SO AS TO INCREASE THE MONETARY PENALTIES.

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

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Agriculture and Natural Resources.

Senator J. VERNE SMITH objected.

On motion of Senator J. VERNE SMITH, the Bill was carried over.

S. 1156 -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-2331 TO ARTICLE 25, CHAPTER 3, TITLE 56 SO AS TO PROVIDE FOR THE ISSUANCE OF MANUFACTURER LICENSE PLATES; AND BY ADDING SECTION 12-37-2722 SO AS TO PROVIDE A PROPERTY TAX EXEMPTION FOR VEHICLES ON WHICH A MANUFACTURER LICENSE PLATE IS USED.

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

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

Senator McCONNELL objected.

H. 3845 -- Reps. Phillips, Fulmer and Wright: A BILL TO AMEND CHAPTER 3 OF TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION AND LICENSING OF MOTOR VEHICLES, BY ADDING ARTICLE 6 SO AS TO PROVIDE FOR REGISTRATION AND LICENSING OF CORPORATE-OWNED FLEET MOTOR VEHICLES.

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

Senator ROSE objected.

H. 4691 -- Ways and Means Committee: A BILL MAKING APPROPRIATIONS FROM FISCAL YEAR 1992-93 SURPLUS GENERAL FUND REVENUES AND TO REPEAL SECTION 12-47-447, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENT OF TAX REFUNDS.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment (4961R002.ELP) proposed by Senators PASSAILAIGUE, McCONNELL, GIESE, MCGILL, PEELER, LANDER, ROSE, MESCHER, LEVENTIS, GREGORY, REESE, FORD, RICTER, COURTNEY, ELLIOTT, CORK, WILSON, THOMAS, COURSON and RYBERG others and previously printed in the Journal of Wednesday, March 9, 1994.

Senator ROSE objected.

H. 4040 -- Reps. Riser, Snow, Worley, T.C. Alexander, Rhoad, Kelley, Witherspoon and Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 4 TO TITLE 47 SO AS TO ESTABLISH THE STATE LIVESTOCK-POULTRY HEALTH COMMISSION BY SETTING FORTH ITS MEMBERSHIP, POWERS, DUTIES, RELATED DEFINITIONS, REQUIREMENTS FOR CERTIFICATES OF VETERINARY INSPECTION, HEALTH PERMITS, QUARANTINE, INDEMNIFICATION, LAW ENFORCEMENT OFFICERS, CRIMINAL AND CIVIL LIABILITY AND PENALTIES, DISPOSITION OF FINES AND FEES, AND ADVISORY COMMITTEES; TO AMEND THE 1976 CODE BY ADDING SECTION 47-19-35 SO AS TO PROVIDE FOR PERMITS FOR ESTABLISHMENTS WHERE POULTRY IS SLAUGHTERED AND WHERE POULTRY FOOD PRODUCTS ARE PACKED; TO AMEND SECTION 47-6-10, RELATING TO THE REFERENCE FOR THE PSEUDORABIES CONTROL AND ERADICATION ACT, SO AS TO PROVIDE FOR THE ACT TO BE ADMINISTERED BY THE COMMISSION; TO AMEND SECTION 47-6-50, RELATING TO IMPORTATION OF SWINE, SO AS TO DELETE THE REFERENCE TO FEEDING OR BREEDING AS IT APPLIES TO IMPORTED SWINE REQUIRED TO BE ACCOMPANIED BY A HEALTH CERTIFICATE, REVISE RELATED REFERENCES, AND CHANGE THE REFERENCE TO STATE VETERINARIAN TO THE COMMISSION; TO AMEND ARTICLE 1, CHAPTER 11, TITLE 47, RELATING TO REGULATION OF STOCKYARDS AND DEALERS IN LIVESTOCK, SO AS TO DELETE SECTIONS 47-11-40 AND 47-11-50 PERTAINING TO PERMIT INSPECTION, REVOCATION, AND DURATION AND ADD SECTION 47-11-85 PERTAINING TO IDENTIFICATION OF ANIMALS SOLD IN A PUBLIC LIVESTOCK MARKET OR EQUINE SALES FACILITY, PROVIDE FOR THE COMMISSION TO ADMINISTER THE ARTICLE, DELETE UNNECESSARY DEFINITIONS, REVISE PERMIT REQUIREMENTS, CHANGE THE REFERENCES TO STATE VETERINARIAN TO COMMISSION, PROVIDE FOR EQUINE SALE AND POULTRY FACILITIES WITHIN THE ARTICLE, REVISE BOND, LIVESTOCK FACILITY, AND RECORD REQUIREMENTS, CHANGE REFERENCES FROM CERTIFICATE OF HEALTH TO CERTIFICATE OF VETERINARY INSPECTION, DELETE PROVISIONS FOR SWINE INOCULATION AGAINST CHOLERA, PROVIDE FOR ESTABLISHMENT OF SLAUGHTER ASSEMBLY POINTS, AND REVISE PROVISIONS FOR INFECTED AND EXPOSED ANIMALS, FOR ENFORCEMENT, AND FOR PENALTIES; TO AMEND SECTION 47-13-10, RELATING TO THE DUTIES OF CLEMSON UNIVERSITY PERTAINING TO DISEASES AND INFECTIONS, SO AS TO DELETE THE UNIVERSITY'S DUTIES AND PROVIDE FOR THE PROVISIONS ON DISEASES AND INFECTIONS TO BE ADMINISTERED BY THE STATE LIVESTOCK-POULTRY HEALTH COMMISSION; TO AMEND SECTION 47-13-20, RELATING TO THE POWERS OF THE STATE VETERINARIAN, SO AS TO CHANGE THE REFERENCE TO STATE VETERINARIAN TO THE COMMISSION AND REVISE RELATED DUTIES; TO AMEND SECTION 47-13-30, RELATING TO EXPENSES OF THE STATE VETERINARIAN, SO AS TO DELETE EXPENSE PROVISIONS AND PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 47-13-110, RELATING TO DISEASED BIOLOGICAL PRODUCTS, SO AS TO REVISE THE LIMITATIONS ON THE POSSESSION, SALE, AND DISTRIBUTION OF THE PRODUCTS; TO AMEND SECTION 47-13-130, RELATING TO APPROPRIATION OF FUNDS TO ERADICATE DISEASES IN ANIMALS AND BIRDS, SO AS TO CHANGE REFERENCES FROM BIRDS TO POULTRY AND FROM CLEMSON UNIVERSITY AND STATE VETERINARIAN TO THE COMMISSION AND DELETE PROVISION FOR EMPLOYMENT BY THE UNIVERSITY; TO AMEND SECTION 47-13-150, RELATING TO THE QUARANTINE AGAINST IMPORTING CERTAIN PORK, SO AS TO REVISE THE QUARANTINE REQUIREMENTS AND PROVIDE FOR THEM TO APPLY TO THE IMPORTATION OF SLAUGHTERED MEAT OR POULTRY; TO AMEND SECTION 47-13-310, RELATING TO ORDERS TO DISINFECT, SO AS TO CHANGE THE REFERENCE TO STATE VETERINARIAN TO COMMISSION AND REVISE THE REQUIREMENTS FOR NOTICE TO PERSONS WITH INFESTED OR INFECTED LIVESTOCK, REQUIREMENTS FOR ACTION BASED ON THE NOTICE, AND PENALTIES; TO AMEND SECTION 47-13-340, RELATING TO THE VENUE OF PROSECUTIONS FOR FAILURE TO DISINFECT ANIMALS EXPOSED TO THE CATTLE TICK FEVER, SO AS TO PROVIDE FOR THE VENUE REQUIREMENTS TO APPLY TO ANIMALS, LIVESTOCK, OR POULTRY INFESTED OR INFECTED WITH OR EXPOSED TO A CARRIER OF AN INFECTIOUS, A CONTAGIOUS, OR A COMMUNICABLE DISEASE; TO AMEND SECTION 47-13-390, RELATING TO THE METHOD OF APPRAISAL OF ANIMALS TO BE KILLED, SO AS TO CHANGE THE REFERENCE TO THE CHAIRMAN OF THE VETERINARY COMMITTEE OF THE BOARD OF TRUSTEES OF CLEMSON UNIVERSITY TO THE COMMISSION; TO AMEND SECTION 47-13-420, RELATING TO EXPENSES OF ANIMAL APPRAISAL, SO AS TO CHANGE THE REFERENCES TO STATE VETERINARIAN AND CLEMSON UNIVERSITY TO THE COMMISSION AND REVISE AUTHORIZED EXPENSES; TO AMEND SECTION 47-13-680, RELATING TO VIOLATIONS PERTAINING TO ANIMALS WITH BRUCELLOSIS, SO AS TO CHANGE THE REFERENCE TO THE BOARD OF TRUSTEES OF CLEMSON UNIVERSITY TO THE COMMISSION AND REVISE PENALTIES; TO AMEND SECTION 47-13-690, RELATING TO INDEMNITY FOR INFECTED CATTLE, SO AS TO CHANGE THE REFERENCE TO CLEMSON UNIVERSITY TO THE COMMISSION; TO AMEND SECTION 47-13-880, RELATING TO VIOLATIONS PERTAINING TO ANIMALS WITH TUBERCULOSIS AND PARATUBERCULOSIS, SO AS TO CHANGE THE REFERENCE TO THE BOARD OF TRUSTEES OF CLEMSON UNIVERSITY TO THE COMMISSION AND REVISE PENALTIES; TO AMEND SECTION 47-13-1220, RELATING TO THE POWERS AND DUTIES OF CLEMSON UNIVERSITY AND THE STATE VETERINARIAN, SO AS TO CHANGE THE REFERENCES FROM THE LIVESTOCK-POULTRY HEALTH DEPARTMENT OF CLEMSON UNIVERSITY AND STATE VETERINARIAN TO THE COMMISSION AND DELETE THE REFERENCE TO THE POULTRY TECHNICAL COMMITTEE; TO AMEND SECTION 47-13-1230, RELATING TO POULTRY PULLORUM AND TYPHOID REGULATIONS, SO AS TO PROVIDE FOR THE STATE LIVESTOCK-POULTRY HEALTH COMMISSION TO PROMULGATE THE REGULATIONS INSTEAD OF CLEMSON UNIVERSITY AND DELETE PROVISIONS FOR THE POULTRY TECHNICAL COMMITTEE; TO AMEND SECTION 47-13-1240, RELATING TO VIOLATIONS PERTAINING TO POULTRY PULLORUM AND TYPHOID, SO AS TO REVISE PENALTIES; TO AMEND SECTION 47-15-70, RELATING TO THE ADMINISTRATION AND ENFORCEMENT OF THE CHAPTER PERTAINING TO FEEDING GARBAGE TO SWINE, SO AS TO PROVIDE FOR ADMINISTRATION AND ENFORCEMENT BY THE COMMISSION INSTEAD OF CLEMSON UNIVERSITY, DELETE THE PROVISION FOR REGULATIONS, AND INCLUDE THE CHAPTER PERTAINING TO THE COMMISSION IN THE ADMINISTRATION AND ENFORCEMENT; TO AMEND SECTION 47-15-80, RELATING TO VIOLATIONS PERTAINING TO THE CHAPTER ON SWINE, SO AS TO REVISE PENALTIES; TO AMEND SECTION 47-17-20, RELATING TO DEFINITIONS PERTAINING TO THE MEAT AND MEAT FOOD REGULATIONS AND INSPECTION LAW, SO AS TO REVISE THE DEFINITION OF DIRECTOR AND PROVIDE FOR THE LAW TO BE ADMINISTERED BY THE COMMISSION; TO AMEND SECTION 47-17-100, RELATING TO CERTAIN VIOLATIONS PERTAINING TO MEAT AND MEAT FOOD REGULATIONS, SO AS TO REVISE PENALTIES; TO AMEND SECTION 47-17-120, RELATING TO LICENSES FOR ESTABLISHMENTS WHERE ANIMALS ARE SLAUGHTERED OR MEAT IS PACKED, SO AS TO CHANGE THE REFERENCE TO LICENSE TO PERMIT, INCLUDE EQUINE WITHIN THE PERMITTING PROVISIONS, REVISE THE PERMIT FEE AND OTHER REQUIREMENTS, AND DELETE THE AUTHORIZATION FOR CERTAIN REGULATIONS; TO AMEND SECTION 47-19-10, RELATING TO THE CITE TO THE SOUTH CAROLINA POULTRY PRODUCTS INSPECTION ACT OF 1969, SO AS TO PROVIDE FOR THE ACT TO BE ADMINISTERED BY THE COMMISSION; TO AMEND SECTION 47-19-20, RELATING TO DEFINITIONS PERTAINING TO THE 1969 ACT, SO AS TO DELETE THE DEFINITION FOR THE BOARD OF TRUSTEES OF CLEMSON UNIVERSITY, DEFINE COMMISSION, AND CHANGE THE REFERENCE TO CLEMSON UNIVERSITY LIVESTOCK-POULTRY HEALTH DEPARTMENT TO COMMISSION; TO AMEND SECTION 47-19-30, RELATING TO THE STATE AGENCY TO COOPERATE WITH THE SECRETARY OF AGRICULTURE UNDER THE FEDERAL POULTRY PRODUCTS INSPECTION ACT, SO AS TO CHANGE THE REFERENCE TO CLEMSON UNIVERSITY AND ITS LIVESTOCK-POULTRY HEALTH DEPARTMENT AND DIRECTOR TO THE COMMISSION AND CLARIFY THE REFERENCE TO DIRECTOR; TO REPEAL ARTICLE 5, CHAPTER 9, TITLE 47 RELATING TO IMPORTATION OF LIVESTOCK, SECTIONS 47-13-40 RELATING TO QUARANTINE BY THE STATE VETERINARIAN, 47-13-50 RELATING TO LIVESTOCK DISEASE REGULATIONS, 47-13-90 RELATING TO THE HOG CHOLERA VIRUS, 47-13-100 RELATING TO HOG CHOLERA REPORTS, 47-13-120 RELATING TO OBSTRUCTION OF THE STATE VETERINARIAN IN DISCHARGING HIS DUTIES, 47-13-140 RELATING TO EMBARGOES ON IMPORTING LIVESTOCK OR POULTRY; 47-13-330 RELATING TO PENALTIES FOR FAILURE TO DISINFECT ANIMALS EXPOSED TO THE CATTLE FEVER TICK, AND 47-13-350 RELATING TO TREATMENT OR DESTRUCTION OF DISEASED ANIMALS, ARTICLE 9, CHAPTER 13, TITLE 47 RELATING TO HOG CHOLERA, AND SECTION 47-17-110 RELATING TO NOTICE OF VIOLATIONS PERTAINING TO MEAT AND MEAT FOOD REGULATIONS; AND TO REQUIRE THE CODE COMMISSIONER TO CHANGE CERTAIN REFERENCES.

Senator ROSE objected.

H. 4829 -- Rep. J. Harris: A CONCURRENT RESOLUTION TO INVITE THE WINNERS OF THE 1994 SOUTH CAROLINA FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 1994 FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE GENERAL ASSEMBLY TO BE HELD IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 27, 1994, AT 12:00 NOON, AND TO RECOGNIZE AND COMMEND THE 1994 SOUTH CAROLINA FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.

Senator ROSE objected.

S. 717 -- Senators Macaulay, Leventis and McConnell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7 OF ARTICLE VI AND SECTION 2 OF ARTICLE XI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING RESPECTIVELY TO ELECTIVE OFFICERS AND THE STATE SUPERINTENDENT OF EDUCATION, SO AS TO DELETE THE SUPERINTENDENT OF EDUCATION FROM THE LIST OF OFFICERS WHO MUST BE ELECTED AND TO PROVIDE THAT HE OR SHE MUST BE APPOINTED BY THE STATE BOARD OF EDUCATION WITH QUALIFICATIONS AS PRESCRIBED BY THE BOARD AND BY LAW, AND PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE XI, RELATING TO THE STATE BOARD OF EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE BOARD BY PROVIDING THAT THE BOARD SHALL CONSIST OF ONE MEMBER ELECTED BY THE GENERAL ASSEMBLY FROM EACH CONGRESSIONAL DISTRICT OF THIS STATE AND FIVE MEMBERS APPOINTED BY THE GOVERNOR FROM THE STATE AT LARGE.

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

Senator McCONNELL proposed the following amendment (717R001.GFM):

Amend the committee report, as and if amended, page 717-1, beginning on line 27 by striking the report in its entirety and inserting in lieu thereof the following:

Amend the resolution, as and if amended, beginning on page 1, on line 32 by striking SECTIONS 1, 2, and 3 in their entirety.

Amend the resolution further, as and if amended, page 3, by striking lines 20-23 and inserting the following:

/by the Governor. One member must be elected from each congressional district of this State by a majority of the members of the Senate and a majority of the members of the House of Representatives voting in joint assembly, and one member must be appointed by the Governor from the State at large. /

Amend the resolution further, as and if amended, page 3, by striking lines 40-43 and inserting the following:

/member elected by a majority of the members of the Senate and a majority of the members of the House of Representatives voting in joint assembly, and one member appointed by the Governor from the State at large?/

Amend title to conform.

Senator McCONNELL explained the amendment.

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

S. 718 -- Senators Macaulay, Leventis, Drummond and McConnell: A BILL TO AMEND SECTIONS 59-3-10 AND 59-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE SUPERINTENDENT OF EDUCATION, SO AS TO PROVIDE THAT HE OR SHE MUST BE APPOINTED BY THE STATE BOARD OF EDUCATION, TO DELETE REFERENCES TO TRAVEL EXPENSES, AND TO PROVIDE FOR FILLING A VACANCY; TO AMEND SECTION 59-5-10, RELATING TO THE ELECTION, COMPOSITION, AND ORGANIZATION OF THE STATE BOARD OF EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE BOARD, TO FURTHER PROVIDE FOR THE MANNER IN WHICH MEMBERS ARE SELECTED, TO PROVIDE THAT THE GOVERNOR SHALL APPOINT THE CHAIRMAN OF THE BOARD, AND TO PROVIDE THAT ANY MEMBER OF THE BOARD WHO FAILS TO ATTEND THREE CONSECUTIVE REGULAR MEETINGS FOR REASONS OTHER THAN ILLNESS IS CONSIDERED TO HAVE RESIGNED; TO AMEND SECTION 59-5-20, RELATING TO PERSONS ELIGIBLE FOR MEMBERSHIP ON THE STATE BOARD OF EDUCATION, SO AS TO PROVIDE FOR THE QUALIFICATIONS AND CERTAIN SCREENING OF MEMBERS OF THE BOARD, AND TO AMEND SECTION 59-5-60, RELATING TO THE POWERS AND DUTIES OF THE STATE BOARD OF EDUCATION, SO AS TO PROVIDE THAT THE BOARD SHALL APPOINT THE STATE SUPERINTENDENT OF EDUCATION.

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

S. 849 -- Senators Greg Smith, Rankin and Washington: A BILL TO AMEND SECTION 56-3-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM VEHICLE REGISTRATION REQUIREMENTS, SO AS TO PROVIDE THAT VEHICLES OWNED BY NONRESIDENTS MAY BE OPERATED FOR A MAXIMUM OF ONE HUNDRED EIGHTY-THREE DAYS WITHIN THIS STATE BEFORE THE NONRESIDENT OWNER MUST REGISTER SUCH VEHICLE.

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

S. 1026 -- Senator McGill: A BILL TO AMEND SECTIONS 52-7-15 AND 52-7-20, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFICERS AND MEETINGS OF THE STATE ATHLETIC COMMISSION, SO AS TO ELIMINATE THE OFFICE OF CHIEF ATHLETIC COMMISSIONER AND REPLACE IT WITH AN ADMINISTRATOR APPOINTED BY THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION; TO AMEND SECTION 52-7-30, AS AMENDED, RELATING TO DUTIES OF THE STATE ATHLETIC COMMISSION, SO AS TO ALLOW A DESIGNEE OF THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION TO APPOINT OFFICIALS; TO AMEND SECTION 52-7-65, RELATING TO DISCIPLINARY ACTIONS BY THE CHIEF COMMISSIONER, SO AS TO CONFORM THE PROVISION TO THE PROVISIONS OF THIS ACT AND EXTEND THE AUTHORITY TO COMMISSION REPRESENTATIVES IN CHARGE OF AN EVENT; TO AMEND SECTION 52-7-75, RELATING TO APPROVAL OR DENIAL OF PERMITS, SO AS TO CHANGE REFERENCES TO CHIEF COMMISSIONER TO ADMINISTRATOR AND ADD A REFERENCE TO A NEW DISCIPLINARY PROVISION; AND TO AMEND SECTION 52-7-310, RELATING TO COUNTY ATHLETIC COMMISSIONS, SO AS TO PROVIDE THAT MEMBERS OF A COUNTY ATHLETIC COMMISSION SHALL RECEIVE NO COMPENSATION FROM THE STATE AND MAY RECEIVE OTHER COMPENSATION AUTHORIZED BY THE COUNTY AND AS AUTHORIZED BY THE STATE ATHLETIC COMMISSION IF PAID BY A PROMOTER WHILE THE COUNTY COMMISSIONER HAS BEEN APPOINTED A STATE COMMISSION REPRESENTATIVE FOR AN EVENT.

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

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

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.

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.

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

The Bill was made a Special Order.

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

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

(R314) 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.

(R315) S. 1207 -- Senators Greg Smith and McGill: AN ACT TO ABOLISH THE GEORGETOWN COUNTY BOARD OF VOTER REGISTRATION AND GEORGETOWN COUNTY ELECTION COMMISSION, AND TO CREATE THE GEORGETOWN COUNTY BOARD OF ELECTIONS AND REGISTRATION.

(R316) S. 289 -- Senators McConnell and Rose: AN ACT TO AMEND SECTION 7-7-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALTERATION OF VOTING PRECINCTS AND THE ALPHABETICAL DIVISION OF THE PRECINCT LIST, SO AS TO PROVIDE WHERE A PRECINCT HAS MORE THAN SEVEN HUNDRED FIFTY REGISTERED ELECTORS RATHER THAN FIFTEEN HUNDRED ELECTORS THE PRECINCT LIST MUST BE DIVIDED ALPHABETICALLY SO THAT NO LIST CONTAINS MORE THAN SEVEN HUNDRED FIFTY NAMES, AND TO PROVIDE THAT NOTHING IN THIS SECTION PREVENTS THE ALTERATION OF PRECINCTS WHEN THE GENERAL ASSEMBLY OR LOCAL REGISTRATION BOARD CONSIDERS THE ALTERATION ADVISABLE.

(R317) S. 950 -- Senators Setzler, Lander, Reese and Washington: A JOINT RESOLUTION TO PROVIDE THAT FROM CERTAIN FEDERAL FUNDS AUTHORIZED TO SOUTH CAROLINA UNDER THE CARL PERKINS VOCATIONAL AND APPLIED TECHNOLOGY AND EDUCATION ACT, THE STATE DEPARTMENT OF EDUCATION, FOR FISCAL YEAR 1993-94, MUST ALLOCATE $118,000 TO CLEMSON PSA FOR AGRICULTURAL TEACHER EDUCATION AND OTHER SERVICES AS PROVIDED FOR IN THE ACT.

(R318) S. 1023 -- Senator Macaulay: AN ACT TO AMEND SECTION 48-5-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAILURE OF A PROJECT SPONSOR TO MAKE PAYMENTS TO THE SOUTH CAROLINA WATER QUALITY REVOLVING FUND AUTHORITY SO AS TO PROVIDE THAT THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO CERTAIN COUNTIES UNDER SPECIFIC CONDITIONS.

(R319) S. 258 -- Senator Drummond: AN ACT TO AMEND SECTION 40-69-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF VETERINARY MEDICAL EXAMINERS, SO AS TO PROVIDE THAT CONGRESSIONAL DISTRICT NOMINEES FOR APPOINTMENT TO THE BOARD BY THE GOVERNOR MUST BE ELECTED BY VETERINARIANS RESIDING IN THAT DISTRICT; TO AMEND SECTION 40-69-80, RELATING TO LICENSES, SO AS TO DELETE THE REQUIREMENT TO BE OF GOOD MORAL CHARACTER; TO AMEND SECTION 40-69-90, RELATING TO TEMPORARY LICENSES AND FEES, SO AS TO PROVIDE THAT THESE FEES MUST BE SET IN REGULATION; TO AMEND SECTION 40-69-140, RELATING TO GROUNDS TO DENY, SUSPEND, OR REVOKE A LICENSE, SO AS TO DELETE THE USE OF SOLICITORS TO OBTAIN PATRONAGE; TO AMEND SECTION 40-69-430, RELATING TO ANIMAL HEALTH TECHNICIAN CERTIFICATION, SO AS TO DELETE PROVISIONS NO LONGER EFFECTIVE AND THE REQUIREMENT TO BE OF GOOD PHYSICAL AND MENTAL HEALTH AND GOOD MORAL CHARACTER; TO AMEND SECTION 40-69-440, RELATING TO TEMPORARY CERTIFICATES AND FEES, SO AS TO PROVIDE THESE FEES MUST BE SET IN REGULATION; TO AMEND SECTION 40-69-450, RELATING TO APPLICATIONS FOR EXAMINATIONS AND FEES, SO AS TO DELETE THE REQUIREMENT FOR CERTAIN PERSONAL REFERENCES AND TO PROVIDE THAT THESE FEES MUST BE SET BY REGULATION; TO AMEND SECTION 40-69-460, RELATING TO CONTENTS OF EXAMINATIONS, SO AS TO DELETE PROVISIONS RELATING TO ORAL OR PRACTICAL EXAMINATIONS; TO AMEND SECTION 40-69-480, RELATING TO RENEWAL OF CERTIFICATES AND FEES, SO AS TO PROVIDE THAT THESE FEES MUST BE SET IN REGULATION; TO PROVIDE TEMPORARY FEES UNTIL FEES ARE SET BY THE BOARD IN REGULATION; AND TO REAUTHORIZE THE STATE BOARD OF VETERINARY MEDICAL EXAMINERS FOR SIX YEARS.

(R320) S. 487 -- Senator Rose: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-5-130 SO AS TO PROVIDE FOR THE QUALIFICATIONS AND AGE REQUIREMENTS TO HOLD THE OFFICE OF CORONER, TO PROVIDE THAT CORONERS AND DEPUTY CORONERS MUST COMPLETE CERTAIN BASIC AND ANNUAL TRAINING, TO AUTHORIZE FEES FOR THIS TRAINING AND TO PROVIDE EXCEPTIONS TO THE TRAINING REQUIREMENTS, TO PROVIDE THAT A CORONER REQUIRED TO COMPLETE ANNUAL TRAINING WHO FAILS TO DO SO MAY BE SUSPENDED FROM OFFICE BY THE GOVERNOR UNDER CERTAIN CONDITIONS, AND TO PROVIDE THAT THE ABOVE PROVISIONS TAKE EFFECT UPON RATIFICATION OF AN AMENDMENT TO THE CONSTITUTION OF THIS STATE AUTHORIZING SAME.

(R321) H. 3333 -- Rep. Boan: AN ACT 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.

(R322) H. 4111 -- Reps. Harrell, Govan, Fulmer, Graham, H. Brown, Hutson, Marchbanks, Whipper, Kelley, Kirsh, Meacham, Hodges, D. Smith, Moody-Lawrence, Gonzales, Rogers, Waites, Quinn, Holt, Trotter, Breeland, Hallman, Simrill, Richardson, Felder, Stille, Wells, Phillips, Thomas, Elliott, McAbee, R. Young, Witherspoon, J. Bailey, Neal, Keegan, Inabinett, Wilkins, J. Wilder, Klauber, Law, Carnell, Worley, Beatty, Barber, Lanford, Clyborne, Haskins, McTeer, Allison, Tucker, Neilson, J. Brown and Mattos: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-615 SO AS TO PROVIDE THAT IF A TOLL IS ADMINISTERED ON A PROJECT BY THE DEPARTMENT OF TRANSPORTATION, THE TOLL MUST BE USED TO PAY FOR THE CONSTRUCTION, MAINTENANCE COSTS, AND OTHER EXPENSES FOR ONLY THAT PROJECT.

(R323) H. 4368 -- Reps. P. Harris, Neilson, Waldrop, Baxley, J. Brown, Cromer, Davenport, Delleney, Farr, Gonzales, Harrelson, Harrison, Harvin, Hines, Inabinett, Keegan, Kelley, Kirsh, Littlejohn, Phillips, Rhoad, Rogers, Rudnick, Shissias, D. Smith, Snow, Tucker, Waites, Whipper, D. Wilder, Wilkes, Witherspoon, Keyserling, Breeland, Elliott and Gamble: AN ACT 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 OTHER GOVERNMENTAL AGENCIES PROVIDING AGING SERVICES FUNDED BY THE OFFICE OF THE GOVERNOR, DIVISION ON AGING.

(R324) H. 4600 -- Reps. Littlejohn, Walker, Allison, Davenport, D. Smith, Vaughn, Beatty, Lanford and D. Wilder: AN ACT TO PROVIDE THAT THE ACTIONS TAKEN BY THE SPARTANBURG COUNTY BOARD OF EDUCATION IN REGARD TO ITS POWER AND DUTY OF CONSOLIDATING AND FIXING THE BOUNDARIES OF THE SEVERAL SCHOOL DISTRICTS WITHIN SPARTANBURG COUNTY AS PROVIDED BY LAW SHALL BE TAKEN WITH THE ADVICE AND CONSENT OF THE BOARD OF TRUSTEES OF ANY AFFECTED SCHOOL DISTRICT.

(R325) H. 3357 -- Rep. Snow: AN ACT TO AMEND SECTION 50-11-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE TRAPPING OR SNARING OF QUAIL, SO AS TO PROVIDE FOR THE ISSUANCE OF PERMITS BY THE WILDLIFE AND MARINE RESOURCES DEPARTMENT TO TRAP QUAIL; AND TO AMEND SECTION 50-11-120, AS AMENDED, RELATING TO THE HUNTING SEASONS FOR SMALL GAME, SO AS TO REVISE THE QUAIL SEASON IN GAME ZONE 8.

(R326) H. 3835 -- Rep. Fair: AN ACT TO AMEND SECTIONS 44-79-30 AND 44-79-80, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICAL FITNESS SERVICE CREDIT CONTRACTS, SO AS TO INCREASE THE DURATION OF CONTRACTS FROM ONE TO THREE MONTHS AND THE AMOUNT FROM FIFTY TO TWO HUNDRED DOLLARS FOR THOSE CONTRACTS THAT MUST CONFORM TO STATUTORY REQUIREMENTS AND TO INCREASE THE SURETY BOND AMOUNT FROM TWENTY-FIVE THOUSAND DOLLARS TO FIFTY THOUSAND DOLLARS FOR AN ADMINISTRATOR OF A FITNESS CENTER.

(R327) H. 3549 -- Rep. Snow: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-854 SO AS TO ALLOW THE DEPARTMENT OF NATURAL RESOURCES TO SET SEASONS AND BAG LIMITS FOR HUNTING AND TAKING CROWS CONSISTENT WITH FEDERAL REGULATIONS AND PROVIDE LIMITATIONS AND PENALTIES.

(R328) H. 3327 -- Rep. Snow: AN ACT TO AMEND SECTION 50-17-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALTWATER-FRESHWATER DIVIDING LINES ON RIVERS, SO AS TO REVISE THE LINE ON THE COOPER RIVER AND ALLOW CRAB POT FISHING.

(R329) H. 3916 -- Rep. Snow: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-65 SO AS TO PROVIDE FOR THE TRAINING OF BIRD DOGS.

(R330) H. 4067 -- Rep. White: AN ACT TO AMEND SECTION 50-17-760, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLOSED SEASON FOR USING CRAB POTS FOR COMMERCIAL PURPOSES IN CERTAIN AREAS, SO AS TO PROHIBIT THE USE WITHIN EUHAW CREEK UPSTREAM OF TICKTON HALL IN JASPER COUNTY.

(R331) H. 4459 -- Rep. McTeer: AN ACT TO AMEND ACT 445 OF 1947, AS AMENDED, THE SUPPLY BILL FOR HAMPTON COUNTY FOR FISCAL YEAR 1947-48, SO AS TO INCREASE THE SIZE OF THE BOARD OF DIRECTORS OF THE HAMPTON GENERAL HOSPITAL FROM FIVE TO NINE MEMBERS AND TO REVISE AND DELETE OBSOLETE REFERENCES.

(R332) H. 4680 -- Rep. White: AN ACT TO ESTABLISH THE BOARD OF ELECTIONS AND VOTER REGISTRATION OF JASPER COUNTY AND PROVIDE FOR THE NUMBER AND MANNER OF APPOINTMENT OF ITS MEMBERS, TERMS, FILLING OF VACANCIES, ELECTION OF THE BOARD'S CHAIRMAN, THE CHAIRMAN'S TERM OF OFFICE, AND RELATED MATTERS; TO ABOLISH THE JASPER COUNTY BOARD OF VOTER REGISTRATION AND DEVOLVE ITS FUNCTIONS, DUTIES, AND POWERS UPON THE BOARD OF ELECTIONS AND VOTER REGISTRATION OF JASPER COUNTY; TO ABOLISH THE JASPER COUNTY ELECTION COMMISSION AND DEVOLVE ITS FUNCTIONS, DUTIES, AND POWERS UPON THE BOARD OF ELECTIONS AND VOTER REGISTRATION OF JASPER COUNTY; AND TO PROVIDE FOR THE EXPIRATION OF THE CURRENT TERMS OF OFFICE FOR CERTAIN PERSONS.

(R333) H. 3325 -- Rep. Snow: AN ACT TO AMEND SECTION 50-17-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION FROM LICENSING REQUIREMENTS FOR CAST NETS USED FOR NONCOMMERCIAL PURPOSES AND HAND TONGS USED FOR HARVESTING OYSTERS, SO AS TO REVISE THE FISHING DEVICES WHICH ARE EXEMPTED.

(R334) H. 4774 -- Rep. Littlejohn: 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.

(R335) H. 4564 -- Rep. Spearman: AN ACT TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO REMOVE FROM THE STATE HIGHWAY SYSTEM A PORTION OF S-27 (EMORY CHURCH ROAD) IN SALUDA COUNTY.

THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.

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 adoption of Amendment No. 1 (850R007.JCL) proposed by Senator LAND and previously printed in the Journal of Tuesday, March 8, 1994.

On motion of Senator ROSE, with unanimous consent, Amendment No. 1 was withdrawn.

Senator BRYAN proposed the following Amendment No. 2 (850R019.JEB), which was withdrawn:

Amend the joint resolution, as and if amended, page 1, by striking lines 40 through 42, and continuing on page 2, by striking lines 1 through 7, and inserting the following:

/on one of the three readings of the bill./

Amend the joint resolution further, as and if amended, page 2, by striking lines 20 through 22, and inserting the following:

/thirds vote of the members of both houses?/

Amend title to conform.

Senator BRYAN explained the amendment.

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

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

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

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

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

On motion of Senator ROSE, the text of the Joint Resolution was ordered printed upon the pages of the Journal and the Joint Resolution was ordered to receive a third reading.

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.

Amend Title To Conform

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. It is proposed that Section 5, Article X of the Constitution of this State be amended to read:

"Section 5. No tax, subsidy, or charge shall be established, fixed, laid, or levied, under any pretext whatsoever, without the consent of the people or their representatives lawfully assembled. Any tax which shall be levied shall distinctly state the public purpose to which the proceeds of the tax shall be applied. When the statute levying the tax dedicates the proceeds to a specific purpose or use in furtherance of the stated public purpose or use, then such proceeds are prohibited from being appropriated and expended for any purpose or use other than that which is specifically set forth in the statute levying the tax unless the bill appropriating the proceeds for a different purpose or use is approved by a two-thirds vote of the membership of each house on one of the readings of the bill. Any person who has been a resident of the State for a minimum of six months and who can establish the payment of any tax levied by the State of South Carolina, shall have standing to bring an action in a court of competent jurisdiction for the enforcement of the provisions of this section. If any provision of this section or its application to any person is held invalid, unenforceable, or unconstitutional, this invalidity, unenforceability, or unconstitutionality shall negate the other provisions or applications of this section, and to this end, the provisions of this section are not severable."

SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 5, Article X of the Constitution of this State be amended to provide that no tax, subsidy, or charge shall be established, fixed, laid, or levied, under any pretext whatsoever, without the consent of the people or their representatives lawfully assembled and to provide that when proceeds of the tax are applied to a specific purpose or use that the General Assembly is prohibited from using the proceeds for a different purpose or use unless approved by a two-thirds vote of the members of both houses and to grant any taxpayer who has been a resident for at least six months standing to bring a suit to enforce this provision?

_ Yes

_ No

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square before the word `Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square before the word `No'."

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

On motion of Senator WILSON, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor and the following names were reported to the Senate in open session:

Having been reported favorably from Executive Session, on motion of Senator LEVENTIS, with unanimous consent, the following appointments were confirmed:

Reappointment, Member, South Carolina Tobacco Advisory Commission, with term to commence September 15, 1993, and to expire September 15, 1997:

At-Large:

Mrs. LaVerne H. Creel, 901 Lakeside Drive, Conway, S.C. 29526

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

SC Tob. Whse. Assn.

Mr. James C. Lynch, Post Box 609, Lake City, S.C. 29560

Initial Appointment, Member, Mining Council, with term to commence September 3, 1993, and to expire June 30, 1994:

Non-Govt. Conservationist:

Mr. John R. Smith, Jr., 1052 Brown Drive, Conway, S.C. 29526

Reappointment, Member, Mining Council, with term to commence July 1, 1994, and to expire June 30, 1998:

Non-Govt. Conservationist:

Mr. John R. Smith, Jr., 1052 Brown Drive, Conway, S.C. 29526

Having been reported favorably from Executive Session, on motion of Senator MOORE, with unanimous consent, the following appointments were confirmed:

Appointment, Member, South Carolina Commission on Archives and History, with term to commence August 5, 1993, and to expire co-terminus with the Governor:

At-Large:

Mr. William L. Kinney, Jr., Post Office Box 656, Bennettsville, S.C. 29512

Initial Appointment, Member, South Carolina Foster Care Review Board, with term to commence immediately and to expire June 30, 1997:

6th Congressional District:

Ms. Gloria J. Harris, 1170 Berkeley Avenue, Florence, S.C. 29505

Reappointment, Member, South Carolina Public Service Authority, with term to commence May 15, 1994, and to expire May 15, 2001:

2nd Congressional District:

Mr. Leon Steele Goodall, 6328 Eastshore Road, Columbia, S.C. 29206

Reappointment, Member, South Carolina Public Service Authority, with term to commence May 19, 1992, and to expire May 19, 1999:

6th Congressional District:

Mr. Henry B. Rickenbaker, Post Office Box 7, Summerton, S.C. 29148

Having been reported favorably from Executive Session, on motion of Senator MITCHELL, the following appointment was carried over:

Reappointment, Member, South Carolina Board of Probation, Parole and Pardon Services, with term to expire March 15, 1995:

First Congressional District:

Reverend Willie E. Givens, Jr., 82 Brisbane Drive, Charleston, S.C. 29407

The question was, "Will the Senate advise and consent to this appointment?"

Senator McCONNELL argued contra to the motion.

Senator RICHTER argued contra to the motion.

Senator MITCHELL argued in favor of the motion.

Senator CORK moved to carry over consideration of the appointment.

Senator MITCHELL made a Parliamentary Inquiry as to whether or not there were additional pending appointments.

The PRESIDENT stated that there were additional pending appointments.

Senator MITCHELL moved to carry over all pending appointments.

The pending appointments were carried over.

MOTION ADOPTED
On motion of Senators DRUMMOND, WILLIAMS, BRYAN, CORK, COURSON, COURTNEY, 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, GREG SMITH, J. VERNE SMITH, STILWELL, THOMAS, WALDREP, WASHINGTON and WILSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Margaret Allen Meetze, beloved wife and companion of the Reverend George Elias Meetze, Chaplain of the S.C. Senate.

MOTION ADOPTED
On motion of Senators WILSON, 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, SHORT, GREG SMITH, J. VERNE SMITH, STILWELL, THOMAS, WALDREP, WASHINGTON and WILLIAMS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Verna Leona (Parker) Setzler, beloved mother of Senator SETZLER of Lexington, S.C.

Senator MOORE moved that when the Senate adjourns on Friday, March 11, 1994, it stand adjourned to meet next Tuesday, March 15, 1994, at 12:00 Noon, which motion was adopted.

At 12:50 P.M., on motion of Senator MOORE, the Senate adjourned to meet tomorrow at 11:00 A.M.

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