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, in honor of the memory of St. Patrick, and aware of the need in every age to send good people into public life, we pray in the words of Henry van Dyke:
Let us pray.

Lord God,

"Let me but live my life from year to year,

with forward face and unreluctant soul;

Not hurrying to, nor turning from the goal;

Not mourning for the things that disappear

from what the future veils;

But with a whole and happy heart,

That pays its toll to youth and age,

And travels on with cheer.

So let the way wind up the hill or down,

O'er rough or smooth, the journey will be joy;

Still seeking what I sought when but a boy,

New friendship, high adventure, and a crown.

My heart will keep the courage of the quest,

And hope the road's last turn will be the best..."

In the Redeemer's name. Amen!

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

February 1, 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.

Reappointment, Member, South Carolina State Ports Authority, with term to commence June 4, 1994, and to expire June 4, 2001:

At-Large:

Mr. Thomas F. Hartnett, Post Office Box 221, Charleston, S.C. 29401

Referred to the Committee on Transportation.

March 4, 1994
Mr. President and Members of the Senate:

I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
Carroll A. Campbell, Jr.

Initial Appointment, Member, State Commission for Minority Affairs, with term to commence June 30, 1993, and to expire June 30, 1997:

5th Congressional District:

Mr. James Crawford, 3 Foundry Hill Road, Cheraw, S.C. 29520

Referred to the Committee on Judiciary.

Initial Appointment, Member, State Human Affairs Commission, with term to commence February 25, 1994, and to expire June 30, 1996:

At-Large:

Jason H. Silverman, Ph.D., 2132 Wentworth Drive, Rock Hill, S.C. 29732 VICE Johnnie Smith (resigned)

Referred to the Committee on Judiciary.

March 10, 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.

Initial Appointment, Member, Commission on Women, with term to commence October 18, 1993, and to expire October 18, 1997:

At-Large:

Ms. M. Janet K. Allgood, Allgood's, 6914 Liberty Highway, Pendleton, S.C. 29670-9801 VICE Carolyn B. Matalene

Referred to the General Committee.

Columbia, S.C., March 17, 1994

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 331, H. 4459 by a vote of 1 to 0:
(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.
Very respectfully,
Speaker of the House

(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.

The veto by the Governor was taken up for immediate consideration.

Senator MATTHEWS moved that the veto by the Governor be overridden.

The question was put: Shall the Act become law, the veto by the Governor to the contrary notwithstanding?

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

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

The necessary two-thirds vote having been received, the veto by the Governor was overridden, and a message was sent to the House accordingly.

(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.

March 15, 1994
Mr. President and Members of the Senate:

I am hereby returning without my signature S. 1193, R. 314, 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.

This legislation is unnecessary due to the passage of H. 4774, R. 334, an identical piece of legislation which I have previously signed into law. It is for this reason that I return S. 1193, R. 314 without my signature.

Sincerely,
Carroll A. Campbell, Jr.
Governor

The veto by the Governor was taken up for immediate consideration.

Senator COURTNEY moved that the veto by the Governor be sustained.

The question was put: Shall the Act become law, the veto by the Governor to the contrary notwithstanding?

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

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

The necessary two-thirds vote not having been received, the veto by the Governor was sustained, and a message was sent to the House accordingly.

Senators PATTERSON and MITCHELL introduced Dr. Gerald Wilson of Columbia, S.C., Doctor of the Day.

At 11:15 A.M., Senator COURSON requested a leave of absence beginning at 12:00 Noon today until the Senate reconvenes.

Senator RICHTER rose to a Point of Personal Interest.

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

S. 879 -- Senators Mescher and Reese: A BILL TO AMEND SECTION 7-13-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTIONS, SO AS TO DELETE PROVISIONS REQUIRING THE STATE ELECTION COMMISSION TO VERIFY THE APPOINTEES AS REPRESENTING CERTAIN POLITICAL PARTIES AND PROVIDE A PROCEDURE FOR THE VERIFICATION TO BE MADE TO THE COUNTY LEGISLATIVE DELEGATION BY THE COUNTY POLITICAL PARTY.

Senator WILLIAMS asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.

There was no objection.

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

S. 896 -- Senators Hayes, Peeler, Gregory and Short: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO ERECT CERTAIN DIRECTIONAL SIGNS RELATING TO THE LOCATION OF THE YORK COUNTY CONVENTION AND VISITORS BUREAU/VISITOR INFORMATION CENTER.

Senator HAYES asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.

There was no objection.

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

H. 3157 -- Reps. Byrd, J. Brown, Scott, Jaskwhich, Cobb-Hunter, Phillips, Whipper, Littlejohn, Harwell, McMahand, Anderson, Haskins, White, J. Harris, Hines, Robinson, Kinon, J. Bailey, Neal, Govan, Elliott, Waites, Canty, J. Wilder, Beatty, D. Wilder, Inabinett, R. Young, Harrelson, G. Brown, Breeland, Rudnick and Harvin: A CONCURRENT RESOLUTION AUTHORIZING THE COMMISSIONING OF A PORTRAIT OF MODJESKA MONTEITH SIMKINS TO BE PLACED IN THE STATE HOUSE.

Senator PATTERSON asked unanimous consent to make a motion to recall the Resolution from the General Committee.

There was no objection.

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

The following were introduced:

S. 1272 -- Senator Rose: A BILL TO AMEND SECTION 10-1-160 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPLAY OF THE STATE FLAG ATOP THE STATE HOUSE, SO AS TO REQUIRE THAT THE UNITED STATES FLAG AND THE STATE FLAG SHALL BE DISPLAYED FROM STAFFS ATOP OR NEAR THE MAIN ENTRANCES OF ALL STATE-OWNED BUILDINGS, EXCEPT WHEN TWO OR MORE STATE-OWNED BUILDINGS ARE ADJACENT OR CONTIGUOUS TO EACH OTHER OR WHEN ONE STATE AGENCY IS HOUSED IN MORE THAN ONE BUILDING ON THE SAME GROUNDS, IN WHICH CASES THE FLAGS SHALL BE DISPLAYED FROM A STAFF IN AN APPROPRIATE PLACE OF HONOR IN ONE LOCATION ONLY.

Read the first time and referred to the General Committee.

S. 1273 -- Senator Rose: A BILL TO AMEND SECTION 2-17-80, CODE OF LAWS OF SOUTH CAROLINA, RELATING TO PROHIBITED ACTS OF LOBBYISTS, SO AS TO PROHIBIT A LOBBYIST FROM ENGAGING IN LOBBYING CONCERNING CANDIDATES FOR OFFICES ELECTED BY THE GENERAL ASSEMBLY, TO AMEND SECTION 2-17-90, RELATING TO PROHIBITED ACTS OF LOBBYISTS' PRINCIPALS, SO AS TO PROHIBIT A LOBBYIST'S PRINCIPAL, IN CERTAIN INSTANCES, FROM COMMUNICATING WITH A MEMBER OF THE GENERAL ASSEMBLY REGARDING CANDIDATES FOR AN OFFICE ELECTED BY THE GENERAL ASSEMBLY, AND TO AMEND CHAPTER 19, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JOINT COMMITTEES TO REVIEW CANDIDATES FOR OFFICES ELECTED BY THE GENERAL ASSEMBLY, BY ADDING SECTION 2-19-65 SO AS TO PROHIBIT A PERSON ASSOCIATED WITH A REGULATED INDUSTRY FROM COMMUNICATING WITH A MEMBER OF THE GENERAL ASSEMBLY FOR AN OFFICE ELECTED BY THE GENERAL ASSEMBLY.

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

S. 1274 -- Senators Patterson and Jackson: A BILL TO AMEND CHAPTER 13, TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 16 SO AS TO REQUIRE THE STATE ELECTION COMMISSION TO DETERMINE THE COST OF PRODUCING BALLOTS FOR A STATEWIDE AUTOMATED ELECTRONIC VOTING SYSTEM AND REQUIRE THE COMMISSION TO REPORT THE RESULTING ECONOMIES TO THE GOVERNING BODIES OF ALL COUNTIES, REQUIRE THE COMMISSION TO STUDY THE REDUCTION IN THE NEED FOR POLLING WORKERS MADE POSSIBLE BY THE IMPLEMENTATION OF THE AUTOMATED SYSTEM AND USE THE RESULTING SAVINGS TO FUND EXPANSION OF AUTOMATION AND REQUIRE THE COMMISSION TO ESTABLISH A LIST OF COUNTIES WISHING TO PARTICIPATE IN THE AUTOMATED SYSTEM AND ESTABLISH A METHOD FOR DETERMINING PRIORITIES IN ASSISTING WITH FUNDING OF THIS SYSTEM FOR A COUNTY.

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

S. 1275 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONS AND OCCUPATIONS, BY ADDING CHAPTER 18 TO TITLE 40 SO AS TO CREATE THE STATE BOARD OF ELECTROLOGISTS, TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES; TO PROVIDE LICENSING REQUIREMENTS; TO AUTHORIZE THE ESTABLISHMENT OF CONTINUING EDUCATION REQUIREMENTS; AND TO PROVIDE FEES AND PENALTIES.

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

S. 1276 -- Fish, Game & Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT RELATING TO THE REPEAL OF REGULATIONS 123-60 (HUNTING ON BELMONT PLANTATION), 123-80 (WATERFOWL HUNTING ON THE HATCHERY GAME MANAGEMENT AREA), AND 123-81 (BROAD RIVER AND ENOREE RIVER WATERFOWL MANAGEMENT AREAS), DESIGNATED AS REGULATION DOCUMENT NUMBER 1662, 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. 1277 -- Senator Moore: A SENATE RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE SENATE TO THE FAMILY AND MANY FRIENDS OF REVEREND E. ALFRED VANCE WHO DIED SUNDAY, MARCH 6, 1994.

The Senate Resolution was adopted.

S. 1278 -- Senator Moore: A CONCURRENT RESOLUTION TO RECOGNIZE AND TO THANK MRS. ROSETTA A. MILLER OF NEW YORK CITY FOR HER GENEROUS DONATION OF TWO HUNDRED ACRES TO THE WILDLIFE AND MARINE RESOURCES DEPARTMENT FOR THE HERITAGE TRUST PROGRAM IN MEMORY OF HER GRANDFATHER, MR. FRANK PICKENS HENDERSON.

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

H. 4922 -- Reps. Carnell, Spearman, P. Harris and McAbee: A CONCURRENT RESOLUTION TO COMMEND BILL J. SAMS, DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF VETERANS AFFAIRS, FOR HIS OUTSTANDING SERVICE TO THE STATE AND ITS VETERANS UPON THE OCCASION OF HIS RETIREMENT DURING THE LEGISLATIVE INTERIM, AND TO PROVIDE THAT BILL SAMS SHALL BE PRESENTED THIS RESOLUTION AND RECOGNIZED FOR HIS SERVICE TO THE VETERANS OF SOUTH CAROLINA ON WEDNESDAY, MARCH 23, 1994, DURING THE JOINT SESSION OF THE GENERAL ASSEMBLY TO HEAR THE ADDRESS OF THE NATIONAL COMMANDER OF THE AMERICAN LEGION.

Whereas, the members of the General Assembly learned with regret that Bill J. Sams, Director of the South Carolina Department of Veterans Affairs, retired from this position during the legislative interim; and

Whereas, Bill Sams is a native of West Virginia, an Army veteran who served with distinction in Korea and Vietnam, and he worked in private industry for ten years before joining the Department of Veterans Affairs in 1979; and

Whereas, he became director of the department in 1988, and his many accomplishments during his tenure include the automation of the department, the remodeling and renovation of its offices, the institution of a quarterly veterans newsletter, and the obtaining of federal funding for the construction of the Campbell Veterans Nursing Home; and

Whereas, without question, Bill Sams put the welfare of the veterans of South Carolina above all else, and if South Carolina has ever had a true veterans' advocate, Bill Sams has been it; and

Whereas, the members of the General Assembly, by this resolution, would like to publicly recognize and thank this great American and South Carolinian for all he has done for the veterans of this State upon the occasion of his retirement as Director of the Department of Veterans Affairs. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the General Assembly hereby commend Bill J. Sams, Director of the South Carolina Department of Veterans Affairs, for his outstanding service to the State and its veterans upon the occasion of his retirement from this position during the legislative interim.

Be it further resolved that Bill J. Sams shall be presented this resolution and recognized for his service to the veterans of South Carolina on Wednesday, March 23, 1994, during the joint session of the General Assembly to hear the address of the National Commander of the American Legion.

Referred to the Committee on Invitations.

Senator HOLLAND from the Committee on Fish, Game and Forestry submitted a favorable with amendment report on:

S. 933 -- Senators Lander and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-375 SO AS TO PROVIDE THAT NO MOTORBOAT NUMBER CERTIFICATE MAY BE RENEWED BY THE DEPARTMENT OF NATURAL RESOURCES UNLESS THE APPLICANT FIRST SUBMITS TO THE DEPARTMENT A STATEMENT FROM THE COUNTY TREASURER CERTIFYING THAT PERSONAL PROPERTY TAXES OWED BY THE CURRENT OWNER FOR COMPLETED TAX YEARS SINCE THE MOTORBOAT'S NUMBER WAS LAST RENEWED OR ISSUED HAVE BEEN PAID AND TO PROVIDE EXCEPTIONS.

Ordered for consideration tomorrow.

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

S. 988 -- Senators Reese, Land, O'Dell, Russell and J. Verne Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-2330 TO ARTICLE 25, CHAPTER 3, TITLE 56, SO AS TO PROVIDE FOR THE ISSUANCE OF MANUFACTURER LICENSE PLATES; BY ADDING SECTION 12-37-2721 SO AS TO PROVIDE A PROPERTY TAX EXEMPTION FOR VEHICLES OPERATED ON THE HIGHWAY UNDER MANUFACTURER'S LICENSE PLATES; TO AMEND SECTIONS 56-15-10, AS AMENDED, AND 56-28-10, RELATING TO DEFINITIONS OF MANUFACTURER, SO AS TO INCLUDE MOTOR VEHICLES MANUFACTURED IN THIS STATE; TO AMEND SECTIONS 12-36-90 AND 12-36-110, BOTH AS AMENDED, RELATING TO GROSS PROCEEDS OF SALES AND SALES AT RETAIL, SO AS TO EXEMPT A MOTOR VEHICLE USED WITH A MANUFACTURER'S LICENSE PLATE FROM IMPOSITION OF TAX.

Ordered for consideration tomorrow.

Senator HOLLAND from the Committee on Fish, Game and Forestry submitted a favorable with amendment report on:

S. 992 -- Senator Land: A BILL TO AMEND SECTION 50-9-1020, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POINT SYSTEM FOR SUSPENDING HUNTING AND FISHING PRIVILEGES, SO AS TO PROVIDE FOR AN ADDITIONAL HUNTING VIOLATION PERTAINING TO RACCOONS; TO AMEND SECTION 50-11-120, AS AMENDED, RELATING TO THE HUNTING SEASONS FOR SMALL GAME, SO AS TO REVISE THE SEASON FOR RACCOON AND OPOSSUM IN GAME ZONE 9; TO AMEND SECTION 50-11-140, AS AMENDED, RELATING TO REQUIREMENTS FOR HUNTING RACCOONS AND OPOSSUMS, SO AS TO INCLUDE FOX AND PROVIDE FOR ADDITIONAL REQUIREMENTS AND PENALTIES; AND TO AMEND SECTION 50-11-2500, AS AMENDED, RELATING TO PERMITS TO HOLD FUR AFTER THE SEASON FOR TAKING FURBEARERS, SO AS TO INCLUDE FURBEARERS AND THEIR PELTS WITHIN THE PERMIT APPLICATION AND RELATED REQUIREMENTS.

Ordered for consideration tomorrow.

Senator LEVENTIS from the Committee on Agriculture and Natural Resources submitted a favorable report on:

S. 1144 -- Senators Land and Leventis: A BILL TO AMEND SECTION 48-9-610, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF COMMISSIONERS TO SERVE WITH ELECTED COMMISSIONERS AS THE GOVERNING BODY OF A SOIL AND WATER CONSERVATION DISTRICT, SO AS TO AUTHORIZE THE APPOINTMENT OF A MAXIMUM OF TWO ADDITIONAL COMMISSIONERS; AND TO AMEND SECTION 48-9-1210, AS AMENDED, RELATING TO THE QUALIFICATIONS OF APPOINTED COMMISSIONERS, SO AS TO DELETE THE REFERENCE TO THE NUMBER OF COMMISSIONERS.

Ordered for consideration tomorrow.

Senator HOLLAND from the Committee on Fish, Game and Forestry submitted a favorable with amendment report on:

H. 3358 -- Rep. Snow: A BILL TO AMEND SECTION 50-11-2570, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL PERMITS TO TAKE GAME ANIMALS DESTROYING PROPERTY OR FOR RESEARCH PURPOSES, SO AS TO PROVIDE AN EXCEPTION FOR THE PERMIT REQUIREMENT.

Ordered for consideration tomorrow.

Senator HOLLAND from the Committee on Fish, Game and Forestry submitted a favorable report on:

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.

Ordered for consideration tomorrow.

Senator HOLLAND from the Committee on Fish, Game and Forestry submitted a favorable report on:

H. 4071 -- Rep. Jennings: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, SO AS TO REVISE THE SEASON IN GAME ZONE 5.

Ordered for consideration tomorrow.

Senator HOLLAND from the Committee on Fish, Game and Forestry submitted a favorable report on:

H. 4177 -- Reps. Martin and Worley: A BILL TO AMEND SECTION 50-11-335, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BAG LIMIT ON ANTLERED DEER, SO AS TO DELETE THE DAILY LIMIT ON ANTLERED DEER IN GAME ZONE 7.

Ordered for consideration tomorrow.

Senator HOLLAND from the Committee on Fish, Game and Forestry submitted a favorable with amendment report on:

H. 4344 -- Reps. Harwell, Baxley, J. Brown, Cobb-Hunter, Delleney, Gonzales, Harrelson, Harrison, Harvin, Haskins, Jaskwhich, Jennings, Keyserling, Kirsh, Meacham, Neilson, Phillips, Rhoad, Richardson, Snow, Tucker, Waites, Waldrop, D. Wilder, J. Wilder, Wilkes, Corning, Allison, P. Harris, A. Young, Inabinett, Whipper, Rudnick, Stuart and Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 51-17-117 SO AS TO PROVIDE FOR DONATIONS OF REAL AND PERSONAL PROPERTY TO THE HERITAGE TRUST PROGRAM AND FOR RELATED POWERS FOR THE BOARD OF THE DEPARTMENT OF NATURAL RESOURCES.

Ordered for consideration tomorrow.

Senator HOLLAND from the Committee on Fish, Game and Forestry submitted a favorable with amendment report on:

H. 4483 -- Reps. Snow and Riser: A BILL TO AMEND SECTION 50-13-1198, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON HERRING FISHING AT ST. STEPHEN POWERHOUSE, SO AS TO REVISE AN INCORRECT REFERENCE AND REVISE THE SEASON TO WHICH THE LIMITATIONS APPLY.

Ordered for consideration tomorrow.

Senator HOLLAND from the Committee on Fish, Game and Forestry submitted a favorable report on:

H. 4501 -- Reps. Snow, McMahand, Baker, Farr, McAbee, Carnell, Townsend, Jaskwhich, Allison, Chamblee, D. Smith, Tucker, Stille, Littlejohn, Cooper, Haskins, Cato, Vaughn, Trotter, Anderson, Fair, T.C. Alexander, Wells, Lanford, Davenport, Phillips, McCraw, Mattos and Stone: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-395 SO AS TO PROVIDE FOR THE ISSUANCE OF ANTERLESS DEER PERMITS IN GAME ZONES 1, 2, AND 4.

Ordered for consideration tomorrow.

Senator LEVENTIS from the Committee on Agriculture and Natural Resources submitted a favorable report on:

H. 4703 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE LIVESTOCK-POULTRY HEALTH DIVISION, CLEMSON UNIVERSITY, RELATING TO THE IMPORTATION OF POULTRY INTO SOUTH CAROLINA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1692, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

Senator LEVENTIS from the Committee on Agriculture and Natural Resources submitted a favorable report on:

H. 4704 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE LIVESTOCK-POULTRY HEALTH DIVISION, CLEMSON UNIVERSITY, RELATING TO TUBERCULOSIS TESTING OF CATTLE IMPORTED INTO SOUTH CAROLINA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1693, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

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

S. 25 -- Senators Bryan and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-737 SO AS TO REQUIRE AN OFFER OF COVERAGE FOR MENTAL ILLNESS IN GROUP HEALTH INSURANCE POLICIES AND PROVIDE EXEMPTIONS FOR HEALTH INSURANCE PLANS WHICH OFFER THE COVERAGE.

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. 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. 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.

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 third reading of the Bill.

Senator HAYES proposed the following amendment (JUD894.001), which was adopted:

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

/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, is guilty of:

(1) a misdemeanor and, upon conviction, 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. must be imprisoned not less than thirty days nor more than one year or fined not less than one hundred dollars nor more than five thousand dollars, or both, when injury results but great bodily injury or death does not result;

(2) a felony and, upon conviction, must be imprisoned not less than thirty days nor more than ten years and fined not less than five thousand dollars nor more than ten thousand dollars when great bodily injury results;

(3) a felony and, upon conviction, must be imprisoned not less than one year nor more than twenty-five years and fined not less than ten thousand dollars nor more than twenty-five thousand dollars 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. Section 56-5-1220 of the 1976 Code is amended to read:

"Section 56-5-1220. The driver of any a vehicle involved in an accident resulting only in damage to a vehicle which is driven or attended by 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 forthwith return to and in every event shall remain at the scene of such accident until he has fulfilled the requirements of Section 56-5-1230. Every such stop shall be made without obstructing traffic more than is necessary. Any A person failing who fails to stop or comply with such the requirements under such circumstances shall of this section is be guilty of a misdemeanor and, upon conviction, must be imprisoned not more than one year or fined not less than one hundred dollars nor more than five thousand dollars, or both."

SECTION 3. 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 third time and ordered sent to the House of Representatives.

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

S. 1205 -- Senator Land: A BILL TO AMEND SECTION 42-7-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WORKERS' COMPENSATION UNINSURED EMPLOYERS' FUND, SO AS TO PROVIDE THAT THIS FUND ENSURES PAYMENT OF WORKERS' COMPENSATION BENEFITS TO THE EMPLOYEES OF COMPANIES WHICH WERE PREVIOUSLY QUALIFIED AS SELF-INSURERS IF SECURITY POSTED BY THE INDIVIDUAL SELF-INSURER PROVES INADEQUATE TO PAY EXISTING CLAIMS, PROVIDE THAT THIS FUND, UNDER CERTAIN CONDITIONS, ALSO ENSURES THE PAYMENT OF WORKERS' COMPENSATION BENEFITS TO EMPLOYEES OF COMPANIES WHICH WERE PREVIOUSLY PARTICIPANTS IN GROUP SELF-INSURANCE FUNDS, AND PROVIDE FOR RELATED AND INCIDENTAL MATTERS.

S. 1265 -- Senators Leatherman, Moore, J. Verne Smith, Leventis and Drummond: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO REVISE EXISTING BOND AUTHORIZATIONS FOR THE ADJUTANT GENERAL AND THE DEPARTMENT OF CORRECTIONS; TO SPECIFY THE USE OF CERTAIN FUNDS AUTHORIZED FOR THE DEPARTMENT OF CORRECTIONS; TO STATE THE INTENT OF THE GENERAL ASSEMBLY TO PROVIDE FUNDS IN THE FUTURE; TO TRANSFER FUNDS FROM THE DEPARTMENT OF CORRECTIONS TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON; AND TO DELETE A PROVISO CONCERNING FUNDS AUTHORIZED FOR THE DEPARTMENT OF JUVENILE JUSTICE.

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), which was adopted:

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.

The Education Committee proposed the following amendment (S-EDUC\717.01), which was adopted:

Amend the bill, as and if amended, by striking all of SECTION 1.

Amend the bill further, as and if amended, by striking all of SECTION 2.

Amend the bill further, as and if amended, by striking all of SECTION 3.

Amend the bill further, as and if amended, by striking on page three, line 22, / five members / and inserting the following:

/ one member /.

Amend the bill further, as and if amended, by striking on page three, lines 41 and 42, / five members / and inserting the following:

/ one member /.

Renumber SECTIONS to conform.

Amend title to conform.

Senator SETZLER explained the amendment.

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

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.

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

Senator McCONNELL proposed the following amendment (718R001.GFM), which was adopted:

Amend the committee report, as and if amended, page 718-1 by striking lines 43 and 44, and page 718-2 by striking lines 1 and 2 and inserting the following:

/their election. One member must be elected from each congressional district of this State by a majority of the members of the Senate voting 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. The/

Amend title to conform.

Senator McCONNELL explained the amendment.

The Education Committee proposed the following amendment (S-EDUC\718.02), which was adopted:

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

SECTION 1. Section 59-5-10 of the 1976 Code is amended to read:

"Section 59-5-10. (A) The State Board of Education shall be is composed of one member from each judicial circuit the members hereinafter specified. The members shall serve terms of four years and until their successors are elected and qualify, except of those first elected, the members from the fifth, tenth and fourteenth circuits shall serve terms of one year; the members from the first, sixth, eight and twelfth circuits shall serve terms of two years and the members from the fourth, seventh, ninth and eleventh circuits shall serve terms of three years. The terms of all members shall commence on January first following their election. One member must be elected from each congressional district of this State by the General Assembly, and one member must be appointed by the Governor from the State at large. The elected members shall serve terms of four years each and until their successors are elected and qualify, except that those members first elected from congressional districts one, three, and five shall serve initial terms of two years each. The term of the member appointed by the Governor is coterminous with his term of office.

The legislative delegations representing the counties of each judicial circuit shall meet upon written call of a majority of the members of the delegations of each judicial circuit at a time and place to be designated in such call for the purpose of electing a member of the Board to represent such circuit. A majority present, either in person or by written proxy, of the members of the county legislative delegations from a given circuit shall constitute a quorum for the purpose of electing a member, but no person shall be declared elected who shall fail to receive a majority vote of all members of the county legislative delegations from the circuit. The joint county legislative delegations of each circuit shall be organized by the election of a chairman and a secretary and such joint legislative delegations shall, subject to the provisions herein, adopt such rules as they deem proper to govern the election. Any absentee may vote by written proxy.

(B) When the election is completed or the appointment made, the chairman and secretary of the joint county legislative delegations of each circuit shall appropriate officers of the General Assembly or the Governor immediately shall transmit the name of the person elected or appointed to the Secretary of State who shall forthwith issue to such the person, after he has taken the usual oath of office, a certificate of election or appointment as a member of the State Board of Education. The Governor shall thereupon issue a commission to such person and pending such issuance the certificate of election shall be a sufficient warrant to such person to perform all of the duties and functions of his office.

(C) Any member of the board who fails to attend three consecutive regular meetings of the board due to reasons other than illness is considered to have resigned and a vacancy in this office shall exist which must be filled in the manner provided by law. The chairman of the board shall ascertain the reasons for a member's absence which reason must be reflected in the minutes of that meeting.

(D) Any vacancy shall must be filled in the same manner as the original appointment or election for the unexpired portion of the term.

Representation of a given judicial circuit on the State Board of Education shall be rotated among the counties of the circuit, except by unanimous consent of all members of the county legislative delegations from the circuit. No member shall succeed himself in office except by unanimous consent of the members of the county legislative delegations from the circuit. Members of the legislative delegation of any county entitled to a member of the board shall nominate persons for the office, one of whom shall be elected to the board.

(E) The board member appointed by the Governor shall select be its chairman and the board shall select other officers to serve for such those terms as the Governor or board may designate. Provided, except that the Superintendent of Education shall serve as secretary and administrative officer to the board. The board shall adopt its own rules and procedures. The chairman and other officers shall have such those powers and duties as may be determined by the board not inconsistent with the law.

At the initial meeting of the legislative delegations representing the counties of each circuit, it shall be determined by lot the sequence in which each county shall be entitled to nominate persons for the office."

SECTION 2. Section 59-5-20 of the 1976 Code is amended to read:

"Section 59-5-20. Any person shall be eligible for membership on the Board who is a registered elector of this State, and each member of the Board shall take the oath prescribed in the Constitution of South Carolina before entering upon the duties of his office. The appointed and elected members of the board must be qualified electors of the State. No person may be elected or appointed to the board who has a conflict of interest. A conflict of interest for this purpose is defined as employment by a state or local education agency, institution, or school. A person desiring to serve as a member of the board, except that member appointed by the Governor, must be screened and reviewed pursuant to Chapter 19 of Title 2 before his election. Each member of the board shall take the oath of office prescribed in the Constitution of this State before entering upon the duties of office."

SECTION 3. This act takes effect upon the ratification of an amendment to Section 1, Article XI of the Constitution of this State authorizing the selection of members of the State Board of Education in the manner specified by Sections 1 and 2 of this act. The present members of the State Board of Education shall continue to serve until their successors appointed or elected in the manner specified by Section 59-5-10 of the 1976 Code, as amended by Section 1 of this act, qualify and take office, at which time their then current terms shall expire.

Amend title to conform.

Senator SETZLER 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.

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.

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.

The Agriculture and Natural Resources Committee proposed the following amendment (N05\7613BDW.94), which was adopted:

Amend the bill, as and if amended, Section 39-41-10, page 3, line 12, by striking /susceptible/ and inserting /susceptible acceptable/ so that when amended the section reads:

/Section 39-41-10. The term `Petroleum' or `petroleum product' as used in this article shall be construed to mean means gasoline, gasohol, kerosene, diesel fuels, jet fuels, fuel oil no. 1 through 4, or any like a similar product of petroleum or any a product which may be susceptible acceptable for use as a petroleum products under whatever named called product, or oxygenated compound blends of the products./

Amend further by striking Section 39-41-20(B), beginning on page 3 and line 33, and inserting:

/(B) The Commissioner of Agriculture or his designated representative has the authority immediately to stop the sale of and prevent further sales of a dispensing pump or other dispensing device from which petroleum products are offered or exposed for sale in violation of this article. Petroleum products placed under this stop-sale order must not be offered or exposed for sale until the commissioner, or his designated representative, is satisfied the petroleum products offered or exposed for sale have been blended, rerefined, or properly labeled to meet the requirements of this article and the owners have been notified orally of this fact by the commissioner, or his designated representative. Satisfaction is achieved upon notification by the owner to the commissioner that action has been taken to correct his violative condition. The permitting of blending, rerefining, or properly labeling of petroleum products under the stop-sale order does not affect an indictment which may be brought for violation of the article./

Amend further, Section 39-41-50, page 4, line 31, by striking /shall/ and inserting /may/ so that when amended the section reads:

/Section 39-41-50. All Manufacturers, wholesalers, and jobbers, before selling or offering for sale in this State any a petroleum product, shall file with the Commissioner of Agriculture a statement that they desire to do business in the State and furnish the name or brand of the product which they desire to sell, with the name and address of the manufacturer and a statement that the product shall comply complies with the requirements of this article. On each Annually January first thereafter, an up-to-date a current listing must be submitted by the bonded company covering additional jobbers, dealers, distributors, consignors, by whatever name called or other persons who shall receive and distribute in bulk quantities the petroleum products in South Carolina. The department may assess an administrative fine of not more than one hundred dollars for noncompliance with this section./

Amend further by striking Section 39-41-160(1) and (2), page 5, beginning on line 1, and inserting:

/(1) brands or stamp any labels a package, a barrel, a pump, a tank, or other vessel, (b) use;

(2) uses a stamp label a second time, (c) keep any;/

Amend title to conform.

Senator LEVENTIS 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.

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.

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

Senator COURTNEY proposed the following amendment (JUD849.001), which was adopted:

Amend the committee report, as and if amended, page 849-1, beginning on line 36, in Section 56-3-150, as contained in SECTION 1, by striking lines 36 through 40 in their entirety and inserting therein the following:

/a valid registration card and registration or license plate or plates. The vehicle of a nonresident must be registered and licensed pursuant to this chapter upon the earlier of a nonresident's:

(1) subsequent establishment of domicile in this State, or

(2) operation of the vehicle in this State for an accumulated period exceeding one hundred fifty days."/.

Amend title to conform.

Senator GREG SMITH explained the amendment.

The Transportation Committee proposed the following amendment (GJK\20580SD.94), which was adopted:

Amend the bill, as and if amended, by striking SECTION 1 and inserting:

/SECTION 1. Section 56-3-150 of the 1976 Code is amended to read:

"Section 56-3-150. A foreign privately-owned-and-operated passenger vehicle of a nonresident, otherwise subject to registration and license under the provisions of this chapter may be operated within this State for a period of not exceeding ninety accumulated days in any one registration and license year without being registered and licensed under the provisions of this chapter, subject to the conditions that such the vehicle is at all times, when operated in this State, duly registered or licensed in the state, territory, district, or country of residence of the owner and that there is displayed thereon a valid registration card and registration or license plate or plates. If a nonresident subsequently establishes domicile in this State, or operates the vehicle in this State for an accumulated period exceeding one hundred eight-three days, the motor vehicle must be registered and licensed as provided in this chapter."/

Renumber sections to conform.

Amend title to conform.

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

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.

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\3303BDW.94), which was adopted:

Amend the bill, as and if amended, Section 52-7-75, SECTION 5, page 3, line 22, by striking /commissioner/ and inserting /commissioner administrator/.

Amend title to conform.

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

S. 73 -- Senator Rose: A BILL TO AMEND CHAPTER 11, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 12 SO AS TO ALLOW THE QUALIFIED ELECTORS OF A COUNTY WITHOUT A RECREATION DISTRICT TO CREATE A RECREATION DISTRICT, TO AUTHORIZE THE MAXIMUM TAX MILLAGE FOR THE OPERATION OF THE DISTRICT, AND TO PROVIDE FOR THE CREATION OF A COMMISSION WITH CERTAIN POWERS AND DUTIES.

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 (JUD73.010), which was adopted:

Amend the bill, as and if amended, page 1, beginning on line 23, by striking SECTION 1 in its entirety and inserting therein the following:

/SECTION 1. Title 4 of the 1976 Code is amended by adding:

Section 4-20-10. (A) In addition to other methods provided by law for the provision of recreation services by a county, a Community Recreation Special Tax District may be created as authorized in this chapter for the purpose of providing recreational services and programs. This act may be cited as the Community Recreation Special Tax District Act of 1994.

(B) This act will apply only to a county which does not already have existing within that county a special purpose or special tax district which exists for the purpose of, and which provides, recreation services and programs within that county.

Section 4-20-20. (A) When fifteen percent of the electors in a proposed community recreation special tax district having a population of less than fifty thousand sign and present to the county council a petition requesting the creation of a community recreation special tax district or upon a resolution adopted by county council calling for a referendum to be held for the purpose of creating a community recreation special tax district, an election must be held in which a majority of the electors in that area voting in the election shall approve the creation of the community recreation special tax district.

(B) When ten percent of the electors in a proposed community recreation special tax district having a population of fifty thousand or more sign and present to the county council a petition requesting the creation of a community recreation special tax district or upon a resolution adopted by county council calling for a referendum to be held for the purpose of creating a community recreation special tax district, an election must be held in which a majority of the electors in that area voting in the election shall approve the creation of the community recreation special tax district.

(C) (1) If the referendum is initiated by petition, the petition must contain a description of the geographic boundaries of the proposed district, the maximum level of taxes or user service charges, or both, authorized to be levied and collected, and the elector's signature and address. The petition must be submitted to county council not later than 12:00 noon on July 1 or if July 1 falls on a Sunday, not later than 12:00 noon on the following Monday. Certification of the petition must be completed within thirty days. If the petition fails because of invalid signatures, one or more new petitions may be submitted with any number of additional signatures. Signatures on any combination of petitions submitted may be added to obtain the requisite percent of electors required for a referendum. These additional petitions must be submitted not later than 12:00 noon on August 1 or if August 1 falls on a Sunday, not later than 12:00 noon on the following Monday.

(2) If the referendum is initiated by county council resolution, the resolution must contain a description of the geographic boundaries of the proposed district and the maximum level of taxes or user service charges, or both, authorized to be levied and collected.

(D) If the county council finds that the petition has been signed by the requisite percent or more of the electors within the area of the proposed community recreation special tax district, it shall certify that fact to the county election commission. Upon receipt of a written resolution certifying that the petition meets the requirements of this section or upon receipt of a written resolution by county council calling for a referendum upon county council's own initiative, the county election commission shall order an election to be held within the area of the proposed community recreation special tax district.

(E) The election must be held on the date set for a state general election and must be held, regulated, and conducted as prescribed by Chapters 13 and 17 of Title 7, except as otherwise provided in this act.

Section 4-20-30. (A) If a majority of the electors in the proposed community recreation special tax district voting in the referendum shall approve the creation of the community recreation special tax district and the maximum level of taxes or user service charges, or both, authorized to be levied and collected, the county council shall pass an ordinance establishing the community recreation special tax district.

(B) If any part or all of an incorporated municipality is included within the area of a community recreation special tax district, the municipal governing body of the municipality must concur with the inclusion of that part of the municipality within the area of the community recreation special tax district. The municipal governing body by written resolution must notify the county council of its concurrence prior to the county council's ordering the county election commission to hold a referendum on the creation of the district.

Section 4-20-40. County council shall by ordinance provide for the operations of the community recreation special tax district which shall include the creation of a commission consisting of three to seven members appointed by the county council. County council shall set the term of office for the members of the commission. All members appointed by the county council to the commission must reside in the district, and no member of the commission shall receive compensation for service on the commission.

Section 4-20-50. If any part or all of an incorporated municipality is included within the area of a community recreation special tax district, then pursuant to Article VIII, Section 13 of the South Carolina Constitution, the county council and the governing body of the municipality shall enter into an intergovernmental agreement setting forth the terms and conditions governing the transfer or use of real or personal property or other assets owned or in the possession of the municipality which may be used by the community recreation special tax district. The intergovernmental agreement must be approved by the county council and the governing body of the municipality prior to the county council's ordering the county election commission to hold a referendum on the creation of the district. However, this agreement may be amended after the creation of the district by agreement of the county council and of the governing body of the municipality.

Section 4-20-60. Before the issuance of any general obligation bonds or any revenue bonds and the levy of a tax or service charge to retire the bonds at rates different from those levied in the remainder of the county, the county council shall first approve the issuance of the general obligation bonds or the revenue bonds and the levy of the tax or service charge to retire the bonds. The levy of a tax or service charge for general obligation bonds or revenue bonds is subject to the limitation imposed by referendum on the maximum level of taxes or user service charges authorized to be levied and collected for the district.

Section 4-20-70. A community recreation special tax district may be abolished or its boundaries decreased in the same manner as provided in this act for its creation. County council may by ordinance increase the boundaries of a community recreation special tax district. Notwithstanding any provision of law to the contrary, if county council determines to provide for a countywide recreation program to be financed by a countywide tax or user service charge, or both, then county council by ordinance and with the consent of the governing body of each municipality in the county may abolish a community recreation special tax district."/

Amend title to conform.

Senator ROSE 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.

S. 1040 -- Senator Bryan: A BILL TO AMEND SECTION 2-15-10 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO INCREASE THE NUMBER OF PUBLIC MEMBERS OF THE LEGISLATIVE AUDIT COUNCIL FROM THREE TO FIVE AND TO PROVIDE THAT ONE MUST BE A LICENSED ATTORNEY.

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

Senators DRUMMOND, 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, WILLIAMS and WILSON proposed the following amendment (1040R001.JD), which was adopted:

Amend the committee report, as and if amended, by the striking the committee report in its entirety.

Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting a new SECTION 1 to read as follows:

\SECTION 1. Section 2-15-10 of the 1976 Code is amended to read:

"Section 2-15-10. There is created the Legislative Audit Council consisting of three five members, one of whom must be a practicing certified public accountant or a licensed public accountant. The council must be elected by the General Assembly in a joint session in of the General Assembly by a majority of the vote of the Senate and a majority of the vote of the House of Representatives from the nominees presented by the nominating committee. The council also includes as ex officio members the following: the Chairmen of the Senate and House Judiciary Committees or a designee by either chairman from the membership of the respective committees; the Chairmen of the Senate Finance Committee and the House Ways and Means Committee or a designee by either chairman from the membership of the respective committees; the Speaker of the House of Representatives and the Lieutenant Governor of South Carolina or their designees from the membership of the General Assembly. The ex officio members, including their designees, are voting members on all matters except those pertaining to auditing functions and personnel matters. The council is directly responsible to the General Assembly and is independent of any other state agency, board, or department."\

Amend title to conform.

The Judiciary Committee proposed the following amendment (JUD1040.001), which was adopted:

Amend the bill, as and if amended, page 1, beginning on line 23, in Section 2-15-10, as contained in SECTION 1, by striking lines 23 through 25 and inserting therein the following:

/consisting of three five members, one of whom must be a practicing certified public accountant or a licensed public accountant. The/

Amend title to conform.

Senator BRYAN 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.

S. 1220 -- Senator Stilwell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-9-585 SO AS TO PROVIDE THAT THE PUBLIC SERVICE COMMISSION, ON THE REQUEST OF AN INTEREXCHANGE TELECOMMUNICATIONS CARRIER OR ON ITS OWN MOTION, MAY CONSIDER, IN LIEU OF THE PROCEDURES OUTLINED IN CHAPTER 9, TITLE 58, ALTERNATIVE MEANS OF REGULATING THAT CARRIER, AND PROVIDE FOR RELATED MATTERS.

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 (JUD1220.001), which was adopted:

Amend the bill, as and if amended, page 2 beginning on line 12, in Section 58-9-585, as contained in SECTION 1, by striking subsection (F) in its entirety and inserting therein the following:

/(F) For the purposes of this section, the term `interexchange telecommunications carrier service' is limited to toll services provided by telephone utilities."/

Amend title to conform.

Senator STILWELL 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 and Joint Resolution having been read the second time were ordered placed on the third reading Calendar:

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.

S. 913 -- Senators Lander, J. Verne Smith and Giese: A BILL TO AMEND SECTION 27-40-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SECURITY DEPOSITS AND PREPAID RENT PAID BY RESIDENTIAL TENANTS TO LANDLORDS, SO AS TO CLARIFY THE RIGHTS OF A TENANT WHEN A LANDLORD WRONGFULLY WITHHOLDS A SECURITY DEPOSIT.

Senator COURTNEY explained the Bill.

S. 1136 -- Senator Williams: A BILL TO AMEND CHAPTER 1, TITLE 62, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL PROVISIONS OF THE PROBATE CODE, BY ADDING SECTION 62-1-109 SO AS TO CLARIFY THE DUTIES OR OBLIGATIONS OF AN ATTORNEY FOR A PERSON SERVING AS FIDUCIARY.

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.

Senator COURTNEY explained the Bill.

S. 1079 -- Senators Ryberg and Wilson: 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 MEDICINE DONATED BY ITS MANUFACTURER TO A PUBLIC INSTITUTION OF HIGHER EDUCATION FOR RESEARCH PURPOSES OR FOR TREATMENT OF INDIGENT PATIENTS.

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\5793HTC.94), which was adopted:

Amend the bill, as and if amended, by striking Section 12-36-2120(28)(a) as contained in SECTION 1 and inserting:

/(a) medicine and prosthetic devices sold by prescription, and free samples of prescription medicine distributed by its manufacturer and any use of these free samples;/

Renumber sections to conform.

Amend totals and title to conform.

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

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.

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

S. 469 -- Senators Courson, Mitchell, Leatherman and Passailaigue: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-19-25 SO AS TO PROVIDE THAT MEMBERS OF THE BOARDS OF TRUSTEES OF SCHOOL DISTRICTS MUST BE ELECTED IN NONPARTISAN ELECTIONS ON THE FIRST TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER, AND TO PROVIDE FOR CURRENT MEMBERS TO SERVE UNTIL THEIR SUCCESSORS ARE ELECTED AND QUALIFY.

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

There was no objection.

On motion of Senator BRYAN, with unanimous consent, the Minority Report to S. 469 was withdrawn.

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.

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

There was no objection.

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

Senator DRUMMOND proposed the following amendment (PT\1114DW.94):

Amend the bill, as and if amended, beginning on page 5, by striking Section 4 in its entirety.

Amend further by adding an appropriately numbered section to read:

/SECTION ___. Section 13-1-1460 as last amended by Act 181 of 1993, is further amended to read:

"(A) (1) No bonds shall may be issued pursuant to the provisions of this article until the proposal of the director to issue the bonds shall receive receives the approval of the State Budget and Control Board. Whenever the director shall propose proposes to issue bonds pursuant to the provisions of this article, he shall file a petition with the State Budget and Control Board setting forth:

(a) a brief description of the railroad and necessary equipment proposed to be acquired and its anticipated effect upon the economy of the area in which the railroad is to be located and of the areas adjacent thereto to it;

(b) a reasonable estimate of the cost of the acquisition of the railroad and necessary equipment; and

(c) a general summary of the terms and conditions of the trust indenture.

(2) Upon the filing of the petition the State Budget and Control Board shall, as soon as practicable, make such independent investigation as it deems considers advisable, and if it finds that the acquisition of the railroad and necessary equipment petition of the director is intended to promote the purposes of this article and is reasonably anticipated to effect such result, then it shall be is authorized to approve the acquisition of the railroad and necessary equipment and at the petition at any time following such the approval, the director may proceed with the acquisition and financing of the railroad and necessary equipment in accordance with the petition approved by the State Budget and Control Board. Notice of the approval of the acquisition of the railroad and necessary equipment petition by the State Budget and Control Board shall must be published at least once a week for three consecutive weeks by the State Budget and Control Board in a newspaper having general circulation in the State state and the county where the railroad is to be located.

(3) Any interested party may, within twenty days after the date of the publication of such the notice, but not afterwards, may challenge the validity of such the approval by action de novo in the court of common pleas in any county where the railroad is to be located./

Renumber sections to conform.

Amend title to conform.

Senator DRUMMOND explained the amendment.

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

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.

On motion of Senators McCONNELL and DRUMMOND, 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.

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

Senators LAND and REESE explained the committee amendment.

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

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 LAND, with unanimous consent, the following appointment was confirmed:

Initial Appointment, Department of Transportation Commission, with term to commence February 15, 1994, and to expire coterminous with the Governor:

At-Large - Chairman:

Mr. Harry B. Limehouse, 64 Hasell Street, Charleston, S.C. 29401

Having been reported favorably from Executive Session, on motion of Senator WILLIAMS, with unanimous consent, the following appointment was confirmed:

Initial Appointment, Member, State Human Affairs Commission, with term to commence July 7, 1993, and to expire June 30, 1996:

2nd Congressional District:

Mr. Robert D. Hazel, 1208 Cardinal Drive, West Columbia, S.C. 29169

MOTION ADOPTED
On motion of Senator PASSAILAIGUE, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Miner Crosby of Charleston, S.C.

Senator DRUMMOND moved that when the Senate adjourns on Friday, March 18, 1994, it stand adjourned to meet next Tuesday, March 22, 1994, at 12:00 Noon, which motion was adopted.

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

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