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, the dwellers in Corinth heard them first, these words from St. Paul (I Cor. 3:16):

"Know you not that you are the temple of God,

and that the Spirit of God dwelleth in you?"
Let us pray.

Lord God, You are our Creator... and our Father. You are our Life and our Light!

In Your goodness You have enriched our lives with friends and comrades. You have strengthened our spirits by Your Spirit. You have sustained us in times of prosperity and stress.

And now, as we face the duties of a new week, we bring to You our affections to be refined. We bring to You our minds to be cleansed. We offer our hearts to be made fit dwelling places for Your Divine Spirit... miracle though it seems!

May what we do here this week, the way we do it, and the reasons why we do it, be the results of a deep conviction that each of us is sincerely striving to do the best we know for those we are here to serve.

So, help us Lord.

Amen.

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

The Senate resumed.

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

The following was received and referred to the appropriate committee for consideration:

Document No. 1708
Promulgated by Department of Consumer Affairs
Staff Leasing Services
Received by Lt. Governor March 18, 1994
Referred to Senate Committee on Banking and Insurance
120 day review expiration date February 22, 1995

Senator HOLLAND introduced Dr. John B. Dubose of Camden, S.C., Doctor of the Day.

On motion of Senator J. VERNE SMITH, at 12:00 Noon, Senator GIESE was granted a leave of absence for today.

On motion of Senator McCONNELL, at 12:20 P.M., Senator RICHTER was granted a leave of absence for today.

On motion of Senator PEELER, at 12:25 P.M., Senator LEATHERMAN was granted a leave of absence for today.

On motion of Senator WILLIAMS, with unanimous consent, the Senate staff was granted a holiday on Good Friday, April 1, 1994.

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.

Senator DRUMMOND asked unanimous consent to make a motion to recall the Resolution from the Committee on Invitations.

There was no objection.

On motion of Senator DRUMMOND, with unanimous consent, the Concurrent Resolution was adopted, ordered returned to the House.

The following were introduced:

S. 1279 -- Senators Setzler, 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, Williams and Wilson: A CONCURRENT RESOLUTION COMMENDING E. ROY STONE, JR., OF GREENVILLE FOR HIS OUTSTANDING AND DEDICATED SERVICE TO THE CITIZENS OF SOUTH CAROLINA AS A MEMBER AND CHAIRMAN OF THE GOVERNING BOARD OF THE VOCATIONAL REHABILITATION DEPARTMENT.

Senator SETZLER spoke on the Resolution.

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

S. 1280 -- Senators Peeler, 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, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO CONGRATULATE COACH FRANK HOWARD ON HIS 85TH BIRTHDAY ON MARCH 25, 1994.

Senator PEELER spoke on the Resolution.

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

S. 1281 -- Senator Martin: A CONCURRENT RESOLUTION URGING THE CITIZENS STAMP ADVISORY COMMITTEE TO HONOR THE LATE HENRY MARTYN ROBERT, ORIGINAL AUTHOR OF "ROBERT'S RULES OF ORDER".

Senator MARTIN spoke on the Resolution.

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

S. 1282 -- Senator Moore: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO CHANGE THE NAME OF THE JOHN L. HIXON BRIDGE IN THE NORTH AUGUSTA AREA TO THE JOHN L. HIXON INTERCHANGE.

Whereas, the John L. Hixon Bridge is located at Exit Number 1 off United States Interstate 20; and

Whereas, due to the amount of construction in the area of the bridge, it is necessary to change the name of the bridge to reflect the change in the area. Now, therefore,

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

That the members of the General Assembly request the Department of Transportation to change the name of the John L. Hixon Bridge in the North Augusta area to the John L. Hixon Interchange.

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.

Referred to the Committee on Transportation.

S. 1283 -- Senator Elliott: A CONCURRENT RESOLUTION DESIGNATING JULY 16, 1994, AS "ATOMIC VETERANS DAY" IN SOUTH CAROLINA.

Whereas, July 16, 1945, is the day when the first atomic bomb was exploded; and

Whereas, on August 6, 1945, the first wartime atomic bomb was dropped on Hiroshima, and, on August 9, 1945, the second wartime atomic bomb was dropped on Nagasaki; and

Whereas, half a million United States service personnel were involved in the atmospheric nuclear testing of the 1940's, 1950's, and 1960's, according to the latest figures available; and

Whereas, the General Assembly feels certain recognition is in order to honor and remember the service personnel who were thus involved. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, designates July 16, 1994, as "Atomic Veterans Day" in South Carolina.

Referred to the Committee on Invitations.

S. 1284 -- Senator Hayes: A BILL TO AMEND SECTION 4-29-68, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL SOURCE REVENUE BONDS, SO AS TO CLARIFY THAT REVENUES RECEIVED AND RETAINED BY A COUNTY, MUNICIPALITY, OR SPECIAL PURPOSE DISTRICT FROM A PAYMENT IN LIEU OF TAXES PURSUANT TO THE PROVISIONS OF SECTION 4-1-170, 4-29-60, OR 4-29-67 AND THESE REVENUES ARE DERIVED IN WHOLE OR IN PART FROM A REDEVELOPMENT PROJECT AREA ESTABLISHED PURSUANT TO CHAPTER 6, TITLE 31, SHALL ALLOCATE THE REVENUES IN ACCORDANCE WITH THE ORDINANCE OF THE MUNICIPALITY ADOPTED PURSUANT TO THE PROVISIONS OF SECTION 31-6-70 AS IF THESE REVENUES REMAINED AD VALOREM TAXES, PROVIDE THAT ALL TAXES COLLECTED IN THE REDEVELOPMENT PROJECT AREA NOT SUBJECT TO THE ORDINANCE OF THE MUNICIPALITY ADOPTED PURSUANT TO SECTION 31-6-70 BECOME PAYMENTS IN LIEU OF TAXES AND THE PORTION COLLECTED BY THE MUNICIPALITY MAY BE PLEDGED TO SECURE SPECIAL SOURCE REVENUE BONDS.

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

S. 1285 -- Senator Reese: A JOINT RESOLUTION ALLOWING THE STATE INCOME TAX CORPORATE HEADQUARTERS CREDITS OF A GROUP OF CORPORATIONS PRIMARILY ENGAGED IN THE ENGINEERING AND CONSTRUCTION AND RELATED BUSINESSES WHICH FILED A CONSOLIDATED SOUTH CAROLINA CORPORATE INCOME TAX RETURN FOR ITS TAXABLE YEAR ENDING IN 1991 TO CLAIM THE CORPORATE HEADQUARTER TAX CREDIT AGAINST THE CORPORATE INCOME TAX OR CORPORATE LICENSE TAX LIABILITY OF ANY MEMBER OF THE GROUP.

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

S. 1286 -- Senators Land and Saleeby: A BILL TO AMEND SECTION 42-7-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WORKERS' COMPENSATION UNINSURED EMPLOYERS' FUND, SO AS TO GIVE THE FUND SUBPOENA POWER WHEN A CLAIM IS BROUGHT AGAINST AN UNINSURED EMPLOYER AND TO PROVIDE THAT THE WORKERS' COMPENSATION UNINSURED EMPLOYERS' FUND MAY SEEK REIMBURSEMENT FROM THE SHAREHOLDERS OF A CORPORATION WHICH FAILS TO PAY, OR IS UNABLE TO PAY, A CLAIM BROUGHT UNDER THIS SECTION.

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

S. 1287 -- Senators Richter and Stilwell: A BILL TO AMEND SECTION 43-35-55, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT OFFICERS TAKING VULNERABLE ADULTS IN A LIFE THREATENING SITUATION INTO PROTECTIVE CUSTODY, SO AS TO TRANSFER THE DUTIES IMPOSED BY THIS SECTION UPON THE CIRCUIT SOLICITOR TO THE DEPARTMENT OF SOCIAL SERVICES.

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

S. 1288 -- Senator McConnell: A BILL TO AMEND SECTION 20-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR DIVORCE, SO AS TO PROVIDE THAT SEPARATION FOR PURPOSES OF WHEN A HUSBAND AND WIFE HAVE LIVED SEPARATE AND APART WITHOUT COHABITATION FOR A PERIOD OF ONE YEAR MAY MEAN VOLUNTARY OR INVOLUNTARY SEPARATION.

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

S. 1289 -- Senator McConnell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3 OF ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE GROUNDS FOR DIVORCE, SO AS TO PROVIDE THAT SEPARATION, FOR PURPOSES OF WHEN A HUSBAND AND WIFE HAVE LIVED SEPARATE AND APART WITHOUT COHABITATION FOR A PERIOD OF ONE YEAR, MAY BE VOLUNTARY OR INVOLUNTARY.

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

H. 4924 -- Reps. Thomas, Snow and Kennedy: A CONCURRENT RESOLUTION EXPRESSING THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MAJOR SPENCER GUERRY, GEORGETOWN DEPUTY CHIEF OF POLICE, AND EXTENDING DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

H. 4926 -- Rep. J. Harris: A CONCURRENT RESOLUTION CONGRATULATING THE FFA SOIL IDENTIFICATION AND LAND TREATMENT TEAM OF MCBEE HIGH SCHOOL IN CHESTERFIELD COUNTY AND THE TEAM'S ADVISOR, MR. PAT EARLE, ON PLACING FIRST IN THE ANNUAL SOUTH CAROLINA FFA SOIL IDENTIFICATION AND LAND TREATMENT CONTEST.

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

H. 4927 -- Rep. J. Harris: A CONCURRENT RESOLUTION CONGRATULATING THE LADY PANTHERS VOLLEYBALL TEAM OF MCBEE HIGH SCHOOL IN CHESTERFIELD COUNTY AND THE TEAM'S COACH, MS. LAURIE ROBERTS, ON WINNING THEIR FIFTH CONSECUTIVE CLASS A STATE CHAMPIONSHIP.

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

H. 4929 -- Rep. McMahand: A CONCURRENT RESOLUTION RECOGNIZING AND COMMENDING THE REVEREND ROBERT EARL DENNIS FOR HIS TWENTY-FIVE YEARS OF OUTSTANDING AND DEDICATED SERVICE AS PASTOR OF CEDAR GROVE BAPTIST CHURCH IN GREENVILLE COUNTY.

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

H. 4931 -- Reps. Corning, Shissias, Harrison and Quinn: A CONCURRENT RESOLUTION TO DESIGNATE THE WEEK BEGINNING APRIL 17, 1994, AS BABYNET RECOGNITION WEEK AND APRIL 20, 1994, AS BABYNET AWARENESS DAY.

Whereas, BabyNet, as mandated by federal law, is recognized as South Carolina's interagency collaborative for coordinating services for children birth through three who are at risk of a permanent handicap condition; and

Whereas, BabyNet identifies the needs of children who have a developmental delay or a physical impairment. This early identification allows preventative measures to be taken through early intervention services to bring them to their maximum potential as useful and productive citizens who can live independently in our society; and

Whereas, BabyNet is family centered and individually designed to promote cooperation between parents and professionals. It addresses the needs of South Carolina's disproportionate number of low birthweight babies and babies born to teenaged mothers whose children are at increased risk of a permanent disability; and

Whereas, BabyNet can prevent the future need of extensive care for the identified child and may save tax dollars which would be used in institutional care or disability support in the child's adult life; and

Whereas, the desirable results of early intervention as provided by BabyNet clearly has been demonstrated by the gain made by the children who have been served, and whose parents, teachers, and physicians can testify to the effectiveness of these services as a cost-effective use of money. The lasting results of developmental delay is minimized with early identification and appropriate intervention; and

Whereas, the full funding of services will complete South Carolina's commitment to the program for early intervention, BabyNet, which will be matched with additional federal funds in the amount of 1.7 million dollars; and

Whereas, April 20, 1994, parents of children with special needs will sponsor a meeting to meet with their legislators. Now, therefore,

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

That the members of the General Assembly designate the week beginning April 17, 1994, as BabyNet Recognition Week and April 20, 1994, as BabyNet Awareness Day.

Referred to the Committee on Invitations.

H. 4933 -- Reps. Jaskwhich, Kelley, Stuart, Harrison, Haskins, McMahand, Mattos, Phillips, Farr, Vaughn, Allison, Clyborne, Cato, M.O. Alexander, Askins, Kennedy, Fair, Baker, Huff and D. Wilder: A CONCURRENT RESOLUTION INVITING MS. DODIE BURNS MAGILL OF GREENVILLE COUNTY, SOUTH CAROLINA'S TEACHER OF THE YEAR, TO ADDRESS A JOINT SESSION OF THE GENERAL ASSEMBLY ON WEDNESDAY, MARCH 23, 1994, IN THE HALL OF THE HOUSE OF REPRESENTATIVES.

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

That the General Assembly of the State of South Carolina, by this resolution, invites Ms. Dodie Burns Magill of Greenville County, South Carolina's Teacher of the Year, to address a joint session of the General Assembly, to be held in the Hall of the House of Representatives, on Wednesday, March 23, 1994, at a time to be designated by the Speaker of the House of Representatives and the President of the Senate.

Be it further resolved that a copy of this resolution be forwarded to Ms. Magill.

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

H. 4819 -- Ways and Means Committee: A JOINT RESOLUTION TO PROVIDE, FOR 1994 ONLY, NOTWITHSTANDING THE PROVISIONS OF SECTION 2-7-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, THAT STATE CAPITAL IMPROVEMENT BONDS MAY BE AUTHORIZED BY THE GENERAL ASSEMBLY ONLY FOR THE PURCHASE OF SCHOOL BUSES.

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

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

An invitation from Assn. of Citadel Men to attend a barbecue dinner at the Cantey Bldg. (Fairgrounds) on Tuesday, April 5, 1994, at 6:30 P.M.

Courson Peeler Wilson
Thomas Stilwell O'Dell
Passailaigue

Matthews Patterson Russell

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

An invitation from S.C. Arts Alliance & S.C. Arts Commission to attend a breakfast at the Ramada Town House on Wednesday, April 6, 1994, from 8:00 until 9:00 A.M.

Courson Peeler Wilson
Thomas Stilwell O'Dell
Passailaigue

Matthews Patterson Russell

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

An invitation from Home Builders Assn. of S.C. to attend a bird supper at the Moore Bldg. (Fairgrounds) on Wednesday, April 6, 1994, at 6:30 P.M.

Courson Peeler Wilson
Thomas Stilwell O'Dell
Passailaigue

Matthews Patterson Russell

S 1279 -- Senators Setzler, 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, Williams and Wilson: A CONCURRENT RESOLUTION COMMENDING E. ROY STONE, JR., OF GREENVILLE FOR HIS OUTSTANDING AND DEDICATED SERVICE TO THE CITIZENS OF SOUTH CAROLINA AS A MEMBER AND CHAIRMAN OF THE GOVERNING BOARD OF THE VOCATIONAL REHABILITATION DEPARTMENT.

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. 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.

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

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.

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.

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. 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.

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.

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.

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.

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 third reading of the Bill.

Senator LEVENTIS proposed the following amendment (N05\7745BDW.94), which was adopted:

Amend the bill, as and if amended, Section 39-41-160, SECTION 5, page 4, line 41, after /dollars/ by inserting /or imprisoned not less than thirty nor more than sixty days/.

Amend title to conform.

Senator LEVENTIS 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 Bill and Joint Resolution having been read the second time with notice of general amendments were ordered placed on the third reading Calendar:

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.

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.

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.

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\5807HTC.94), which was adopted:

Amend the bill, as and if amended, by striking Section 56-3-2330, SECTION 1, and inserting:

/Section 56-3-2330. (A) Upon application and payment of the required fee, the department may issue no more than two hundred manufacturer license plates to a motor vehicle manufacturer. The license plates must be used exclusively on motor vehicles, including motorcycles, owned or in possession of a manufacturer. Manufacturer license plates may not be used to operate wreckers in use by the manufacturer, nor to operate vehicles which are leased or rented to the public by the manufacturer.

(B) A motor vehicle manufacturer shall apply for manufacturer license plates on a form prescribed by the department and shall provide proof that the applicant is a bona fide motor vehicle manufacturer. The cost of each manufacturer plate issued is two hundred dollars, of which one hundred sixty dollars must be remitted by the department to the county in which the principal facility of the manufacturer is located. Each plate is valid for two years.

(C) Vehicles with manufacturer plates, not to exceed one such license vehicle per household, may be operated by persons authorized by the manufacturer on vehicles of that manufacturer's brand on state streets and highways for testing, distribution, evaluation, and promotion of vehicles. Vehicles with manufacturer plates may be used no more than ten consecutive days in connection with civic events and sporting events.

(D) A manufacturer who violates the provisions regarding use of motor vehicles is subject to imposition of any administrative penalty permitted by law.

(E) For the purpose of this section only, `motor vehicle manufacturer' is defined as a person in the business of manufacturing or assembling new and unused vehicles in this State./

Amend title to conform.

Senator LAND 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. 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.

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

Senators HOLLAND, MOORE and WILSON proposed the following amendment (JUD879.002), which was adopted:

Amend the bill, as and if amended, page 1, beginning on line 32, in Section 7-13-70, as contained in SECTION 1, by striking lines 32 through 42 and inserting therein the following:

/counties. The Governor shall notify the State Election Commission in writing of the appointments. The State Election Commission shall verify that at At least one of the appointees must represents represent the largest political party and one must represents represent the second largest political party as determined by the composition of that county's delegation in the General Assembly or the makeup of the General Assembly as a whole if the county's delegation is composed of only one party's members. These Senators and members of the House must submit the proposed names for appointment to the secretaries of the appropriate political parties for written verification of party affiliation. Once the written verification is received, the names may then be forwarded to the Governor who must notify the State Election Commission in writing of the appointments. The commissioners' shall continue in office until their/

Amend title to conform.

Senator COURTNEY 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 Resolutions having been read the second time were ordered placed on the third reading Calendar:

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.

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.

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.

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.

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.

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.

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.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Fish, Game and Forestry.

The Fish, Game and Forestry Committee proposed the following amendment (JIC\5547HC.94), which was adopted:

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

/SECTION 1. Chapter 23, Title 50 of the 1976 Code is amended by adding:

"Section 50-23-215. The department may not renew a watercraft's registration number or record the transfer of a certificate of title to a watercraft or outboard motor if a county treasurer or municipal clerk has notified the department, in a manner determined by the department, that property taxes owed on the watercraft or outboard motor are delinquent. Any actions pursuant to this provision shall continue until notification by the county treasurer or municipal clerk sending the original notice of delinquent taxes that all property taxes owed on the watercraft or outboard motor have been paid."/

Amend title to conform.

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

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.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Fish, Game and Forestry.

The Fish, Game and Forestry Committee proposed the following amendment (N05\7657BDW.94), which was adopted:

Amend the bill, as and if amended, by striking Section 50-11-120(A)(9)(e), page 3, beginning on line 15, and inserting:

/(e) raccoon and opossum: September fifteenth first through October fourteenth; March second through March fifteenth thirty-first without weapons and with dogs only; October fifteenth through March first with weapons and dogs. All hunting of raccoon and opossum in Game Zone 9 must be at night. Night as used in this section is that time between official sunset one day and official sunrise the following day;/

Amend title to conform.

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

H. 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.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Fish, Game and Forestry.

The Fish, Game and Forestry Committee proposed the following amendment (N05\7737BDW.94), which was adopted:

Amend the bill, as and if amended, Section 50-11-2570(B), page 1, beginning on line 36, by striking the last sentence and inserting:

/An animal captured pursuant to this subsection must be destroyed or with a department permit may be relocated./

Amend title to conform.

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

H. 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.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Fish, Game and Forestry.

The Fish, Game and Forestry Committee proposed the following amendment (N05\7736BDW.94), which was adopted:

Amend the bill, as and if amended, Section 51-17-117(B), by striking lines 39-40 and inserting:

/(B) The board of the department, on its own or by its agent, may:

(1) sell donated property./

Amend title to conform.

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

H. 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.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Fish, Game and Forestry.

The Fish, Game and Forestry Committee proposed the following amendment (N05\7671BDW.94), which was adopted:

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

/SECTION 1. Section 50-13-1198 of the 1976 Code, as last amended by Section 1263, Act 181 of 1993, is further amended to read:

"Section 50-13-1198. Herring fishing is prohibited within one hundred feet of the fish lift exit channel at St. Stevens Stephen Powerhouse except with hook and line from March first February fifteenth through April May fifteenth."

SECTION 2. Section 50-13-2015 of the 1976 Code, as last amended by Section 1263, Act 181 of 1993, is further amended to read:

"Section 50-13-2015. (A) A fish sanctuary is established in the St. Stephen Rediversion Canal between the Corps of Engineers' powerhouse and the Atlantic Coastline Railroad Bridge. It is unlawful for a person to fish in the sanctuary except as provided in this section.

(B) From March first February fifteenth to May first fifteenth each year, fishing for nongame fish is allowed from the Atlantic Seaboard Coastline Bridge Railroad upstream to a point marked by signs or buoys, or both. This location must be marked by the department determined after consultation with and with the permission recommendation of the United States Army Corps of Engineers. Fishing is allowed from six p.m. to twelve midnight. The area otherwise is closed to all fishing and boating activities.

(C) The catch limit is five hundred pounds of fish or one hundred dozen fish a boat a day. Game fish taken must be returned immediately to the water. All fish, except those used for live bait, must be packed in boxes with a one hundred pound capacity before crossing back under the railroad bridge.

(D) No fishing devices may be used except cast nets, dip nets, or drop nets. The diameter of the dip or drop nets used may not exceed six feet. No nets may be operated by the use of mechanical devices such as winches, cranes, or pulleys.

(E) A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five nor more than one hundred dollars or imprisoned not less than fifteen nor more than thirty days."

SECTION 3. This act takes effect upon approval by the Governor./

Amend title to conform.

Senator LAND explained the amendment.

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

S. 920 -- Senators Leventis, J. Verne Smith, Thomas, Courson, Passailaigue, Giese, Lander, Reese, Rose and Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-232 SO AS TO PROVIDE THAT REAL PROPERTY DOES NOT QUALIFY AS AGRICULTURAL REAL PROPERTY UNLESS THE TRACT IS FIVE ACRES OR MORE IN THE CASE OF TIMBERLAND AND TEN ACRES OR MORE FOR OTHER THAN TIMBERLAND, TO PROVIDE THAT THE TEN-ACRE REQUIREMENT DOES NOT APPLY IF THERE IS AT LEAST ONE THOUSAND DOLLARS OF GROSS FARM INCOME FOR AT LEAST THREE OF THE FIVE TAXABLE YEARS PRECEDING THE APPLICATION FOR AGRICULTURAL USE, TO MAKE NEW OWNERS OF LESS THAN TEN ACRES ELIGIBLE FOR AGRICULTURAL USE SUBJECT TO THE ROLLBACK TAX IF THEY FAIL TO MEET THE SAME INCOME REQUIREMENTS IN THE FIRST FIVE YEARS OF OPERATION, TO AUTHORIZE THE ASSESSOR TO OBTAIN TAX INFORMATION AND THE AGRICULTURE STABILIZATION AND CONSERVATION SERVICE FARM IDENTIFICATION NUMBER TO VERIFY APPLICATIONS, TO PROVIDE THAT LAND IDLE UNDER LAND RETIREMENT PROGRAMS QUALIFIES FOR AGRICULTURAL USE IF OTHERWISE ELIGIBLE, TO PROVIDE THAT IN THE CASE OF LEASE OPERATIONS, THE LESSOR OR LESSEE SHALL MEET THE REQUIREMENTS, AND TO REQUIRE APPLICANTS FOR AGRICULTURAL USE OR THE SPECIAL ASSESSMENT RATIO FOR CERTAIN AGRICULTURE OPERATIONS TO CERTIFY THAT THE PROPERTY MEETS THE APPLICABLE REQUIREMENTS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-340 SO AS TO MAKE IT UNLAWFUL TO MAKE A FALSE STATEMENT ON AN APPLICATION FOR AGRICULTURAL USE AND THE SPECIAL ASSESSMENT RATIO FOR CERTAIN AGRICULTURE OPERATIONS AND PROVIDE A PENALTY; AND TO IMPOSE A CHANGE OF USE PENALTY IN AN AMOUNT EQUAL TO TWENTY-FIVE DOLLARS ON PROPERTY CHANGED FROM AGRICULTURAL USE BY THE PROVISIONS OF THIS ACT.

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

Senators MOORE, LAND and RYBERG proposed the following amendment (JIC\5812HTC.94), which was adopted:

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

/SECTION ___. (A) Article 3, Chapter 43, Title 12 of the 1976 Code is amended by adding:

"Section 12-43-215. When owner-occupied residential property assessed pursuant to Section 12-43-220(c) is valued for purposes of ad valorem taxation, the value of the land must be determined on the basis that its highest and best use is for residential purposes."/

Renumber sections to conform.

Amend title to conform.

Senator LAND explained the amendment.

On motion of Senator LAND, the Bill was carried over, as amended.

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.

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.

Senators MATTHEWS and LAND objected.

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.

Having been previously carried over on Wednesday, March 16, 1994, until Tuesday, March 22, 1994, the following appointment was carried over:

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

1st Congressional District:

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

On motion of Senator MITCHELL, the appointment was carried over.

MOTION ADOPTED
On motion of Senator WALDREP, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Thomas Coefield, III.

At 1:13 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

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