Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 9:30 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.

A quorum being present the proceedings were opened with a devotion by Senator J. VERNE SMITH.

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

Senator LEATHERMAN moved that a call of the Senate be made. The following Senators answered the call:
Bryan Cork Courtney
Drummond Elliott Ford
Giese 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 Ryberg Saleeby
Setzler Short Smith, G.
Smith, J.V. Stilwell Thomas
Waldrep Washington Williams
Wilson

The Senate resumed.

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

(R434) S. 1347 -- Senator Peeler: AN ACT TO ENACT THE CHEROKEE COUNTY SCHOOL DISTRICT 1 SCHOOL BOND-PROPERTY TAX RELIEF ACT.

May 10, 1994
The Honorable Nick A. Theodore
President of the Senate
State House, 1st Floor, East Wing
Columbia, S.C. 29202

Dear Mr. President and Members of the Senate:

I am returning without my signature S. 1347, R-434, an Act:
TO ENACT THE CHEROKEE COUNTY SCHOOL DISTRICT I SCHOOL BOND - PROPERTY TAX RELIEF ACT.

This veto is based upon my belief that S. 1347, R-434, is an unconstitutional enactment.

Though well-intentioned as it might be, S. 1347, R-434, suffers from at least one constitutional infirmity. It is an example of specific legislation that has been enacted to address circumstances that could also have been addressed by general legislation. The state constitution clearly prohibits the enactment of special legislation where a "general law can be made applicable." S.C. Const. Art. III, Section 34(IX).

S. 1347 , R-343, provides enabling legislation for the Cherokee County School District I, yet there are many other school districts in this State that face the same fiscal demands and constraints. If I sign S. 1347, R-434, into law, then other school districts will immediately seek similar legislation. Thus the legislature will soon be faced with the choice of either "generalizing" S. 1347, R-434, by amendment, or adopting similar enabling legislation for all school districts that seek it. This very practical problem raised by S. 1347, R-434, demonstrates the policy basis for Art. III, Section 34's directive that special legislation be avoided in all cases where general legislation can be enacted.

In summary, I believe the specific nature of S. 1347, R-434, renders the Act unconstitutional. In support of my legal conclusion, I refer the Senate to the decision of the South Carolina Supreme Court in Horry County v. Horry County Higher Education Commission, 306 S.C. 416, 412 S.E.2d 421 (1991).

Because I believe S. 1347, R-434, is an unconstitutional enactment that will create unnecessary problems for the legislature, the various school boards of the State, and other interested parties, I am returning this Act to you without my signature.

Sincerely,
Carroll A. Campbell, Jr.
Governor

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

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

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

TO: The Clerk of the Senate

The Clerk of the House
FROM: C. Tyrone Courtney, Chairman
Jt. Legislative Screening Committee to Review Candidates
for the SC Consumer Affairs Commission
DATE: May 10, 1994

In compliance with the provisions of Act No. 119, 1975 S.C. Acts 122, it is respectfully requested that the following information be printed in the Journals of the Senate and the House.

Respectfully submitted,
/s/C. Tyrone Courtney, Chairman
/s/Senator Robert W. Hayes, Jr.
/s/Senator Glenn G. Reese
/s/Senator Dick Elliott
/s/Rep. Lucille Whipper
/s/Rep. E.B. McLeod
/s/Rep. George Bailey
/s/Rep. Harry Cato

The Screening Process

Pursuant to Act No. 119 of 1975 and Act. No. 181 of 1993, this Committee has considered the qualifications of candidates seeking election to the positions of the South Carolina Consumer Affairs Commission.

The Committee's report includes the Transcript of the Proceedings before the Screening Committee on May 4, 1994. The Transcript does not include all exhibits offered by candidates or witnesses at the hearing because of the length of some exhibits. Exhibits which are not reproduced as a part of the Transcript may be viewed in the Office of the Banking and Insurance Committee (Room 203 of the Gressette Building), since these exhibits were reviewed and considered by the Committee in making its findings.

THE CHAIRMAN: I'll call this meeting to order. We have other committee members who will be coming in slowly. We kind of got out a little late in the House and in the Senate.

But before we begin, I want to tell each of you that we appreciate you being here and your time and we're going to try to make this as smooth and as brief for you as possible.

We have not received the credit reports which are a part of the background investigation on everybody and we expect those to be here soon. We don't expect any problems with that, but we want you to know that we'll go through with the screening today and then hold it open, of course, for probably another few days until we do receive those. And if there is no problems with those, it wouldn't have any effect on the finding of qualifications anyway.

We feel it's only fair that you testify one at a time, so that you can't kind of hear the questions that are being asked. It's not fair to the ones at the beginning. So what we're going to do is call them in alphabetical order according to seat number and then let the rest of you sit across the hall in Senator Drummond's office over there.

There's facilities over there and a phone and show you the restroom and so forth, and we'll try to get you in and out just as quickly as we can, if you just bear with us. Okay.

Ms. Bradberry, if you'll just have a seat down there. I'd like to let Mr. Johnson swear the witnesses and ask a few preliminary questions, then if any members of the committee have any questions, then we'll allow that at that time. Mr. Johnson.
DORIS M. BRADBERRY, having been duly sworn, testified as follows:
MS. BRADBERRY - EXAMINATION BY MR. JOHNSON:
Q. And are you Doris M. Bradberry?
A. That's right.
Q. Ms. Bradberry, I have just a few questions for you. The Summary Statement that Ms. McQueeney sent you, Carleen, do you affirm that that information is correct and would you agree to entering that into the record of the transcript today?
A. Yes, I would.

1. Doris M. Bradberry
Home Address: Business Address:
200 Appletree Lane 1010 Wren School Road
Williamston, SC 29697 Piedmont, SC 29673

2. She was born in Anderson, SC on 2/2/38. She is presently 56 years old. Social Security Number: ***-**-****.

5. She was married on May 19, 1956 to William Troy Bradberry. They have four children: Randall Troy Bradberry, age 36 - Kirby Representative; Dianne B. Nalley, age 35 - SC State Credit Union; Toni Bradberry, age 32 - Nurse; Kelly Bradberry, age 25 - Autecs.

7. EDUCATION - Masters Plus 30 - Areas of Certification in Education: Elementary Education; Reading Coordinator or Director; Principal (Elementary); Middle School Language Arts; Middle School Mathematics; Middle School Science; Middle School Social Studies; Guidance Counselor (Elementary).
Clemson University, Clemson, SC: Continued study in the field of Education and Critical Needs; Supervising the Student Teacher - 1991; Education and Prevention Drug and Alcohol - 1991; Field Experience in Elementary School Guidance -1990; Analysis of the Individual - 1990; Theory and Practice of Counseling and Psychotherapy - 1988; Computer Applications for Teachers - 1988; Using the Computer in the Classroom - 1986; Certified as Principal 1978.
Masters in Reading - 1973 - (Cumulative Graduate GPR 4.0).
Bachelor of Elementary Education - 1970 (with honor, rank 24 of 258).
Tri-County Technical College, Pendleton, SC
Microcomputer Applications, 1986
Partnership for Academic an Career Education - 1994
Anderson College, Anderson, SC - Associate of Arts - 1967

9. She has been or is a member of: Clearview Baptist Church; SCEA; NEA; Pacesetter Square Dance Club.

10. Her professional experience includes: School District #1 Teacher; West Pelzer - 1971 to 1974; Wren Middle - 1974 to present.

13. Other business enterprises include a small farm. (beef cattle).

21. Five (5) letters of recommendation: Dr. Jack Couch, John W. Brown, Annette Christy, Cheryl A. Daily, Rose Alice Robinson.

Q. Your SLED records check came back negative. Your Department of Transportation Driving record is negative. Your Personal Data Questionnaire indicates negative responses on 11 through 20 and your State Ethics Commission Statement of Economic Impact or Interest indicates negative on Items 13 through 20.

And I just want to go over a few questions that are going to -- that are almost the same as the ones that you've answered just to see if there are any changes.

Do you or any member of your family own or operate any business which contracts with the state or federal government?
A. The only employment I have, I'm a teacher of the State of South Carolina.
Q. Do you or any member of your family own or operate any business which receives state or federal funds from the Board -- from the Consumer Affairs Commission?
A. No.
Q. And, again, have you ever been arrested, charged or held by federal, state or other law enforcement authorities?
A. No.
Q. Have you, to your knowledge, ever been under a federal, state or local investigation for possible violation of a criminal statute?
A. No.
Q. Have you ever been disciplined or cited for breach of ethics or unprofessional conduct by any court, agency, association or professional group?
A. No.
Q. Are you now or have you ever been employed as a lobbyist or acted in the capacity as a lobbyist principal?
A. No.
Q. Are there any reasons that you can think of why you may have difficulty performing the duties of this appointment?
A. No.
Q. And if you would like to, you may briefly explain to the committee why you would like to serve on the Consumer Affairs Commission?
A. I've always been a person who broadens my horizons and this is just another experience that I would personally enjoy. And then I would like to give back to the State of South Carolina something and this would be as serving on this committee.
MR. JOHNSON: Mr. Chairman, that's all I have.
THE CHAIRMAN: Thank you. Members of the committee that just came in, this is our first candidate, Mrs. Bradberry and she just answered a few preliminary questions which concerned her Economic Interest Statement and background check and so forth. Do any committee members have any questions at this time?
EXAMINATION REPRESENTATIVE WHIPPER:
Q. I would like to ask a little more about her community involvement. I know -- I see your professional involvement in the appropriate professional organizations?
A. The community as a whole, I think I'm one of the members of the community that is -- people are able to call upon. Personally, right now, we are involved in working to make our community a better place for our children to live and I am serving on a -- on that committee to help to regulate a trailer park that is being presently built in our community.

We are also working to see that the organizations that are built in our community which is a farming community, the standards are upheld.

In my church, after 31 years of belonging to one church in the community, we, my husband and I, decided that we needed to grow, so we started searching for a church and we found one that was a mission from another church and we joined that.

And in the capacity of the Finance Committee and the Building Committee, I have served and I'm presently serving as -- on the Finance Committee.
Q. What do you see sa the purpose of this particular commission? How do you interpret it?
A. I feel this is more or less a mediator between the consumer and businesses.
THE CHAIRMAN: Representative Whipper, are you finished?
REPRESENTATIVE WHIPPER: (Nods head up and down).
THE CHAIRMAN: Any other questions from the --
REPRESENTATIVE BAILEY: Yes.
THE CHAIRMAN: Representative Bailey.
EXAMINATION BY REPRESENTATIVE BAILEY:
Q. Ms. Bradberry, what does your husband do?
A. He's in textiles.
Q. With who?
A. Milliken.
Q. We sure been selling a lot of stuff. Not your husband. Mr. Milliken. He must have got a lot of money?
A. Pretty wealthy there in Spartanburg.
Q. Where is Williamston? Is that close to Spartanburg?
A. Williamston is near Anderson. It's between Anderson and --
Q. Who is your House member?
A. John Tucker.
Q. Who is your Senator?
A. The Senator? Okay. Excuse me. Mullenax.
THE CHAIRMAN: Senator Waldrep, I would imagine.
A. Waldrep. That's right. Excuse me. Ed Garrison was so long.
Q. I think Mr. Mullenax was like one term, I believe.
A. Dan Cooper is also in that area.
Q. Thank you, ma'am.
THE CHAIRMAN: Any members of the committee?
EXAMINATION BY THE CHAIRMAN:
Q. Ms. Bradberry, let me follow up a little bit on what Representative Whipper asked you. Do you know anything about the procedure of the Consumer Affairs Commission?
A. No, I don't, but I'm willing to learn.
Q. Anything about the quality of it, what it can and cannot do as far as mediating as you were describing earlier?
A. I -- to my -- I think -- this is just what I think, that it's not a regulation committee. It's a committee that makes recommendations.
Q. And your background, what do you feel that you have in your background that helps you as far as serving on the Commission?
A. Well, like I said, I have worked for the finance committees at churches and I do take care of the business, the farming business, which is -- it's a small business, but I take care of my personal businesses and budgets, and so I do have a knowledge of how things run and I do take care of a good bit of the buying and selling of my personal vehicles and such. I take care of all the records.
Q. You seem to have experience on both sides of the field as far as a consumer and as a business person, too?
A. I think so.
Q. Do you feel that you can be a neutral person in a situation that comes before the Commission?
A. I think so.
THE CHAIRMAN: Any other questions? Senator Reese.
EXAMINATION BY SENATOR REESE:
Q. Mr. Bradberry, are you a retired school teacher with 30 --
A. No. No, I'm -- I have 30 -- I just checked on that today while I was down here. I have 30 -- I mean twenty -- 24 years.
Q. You're still an active teacher?
A. I still am an active teacher.
Q. Are you planning on pursuing the 30 years?
A. No. It's according to how things go. I may retire at 25. I may take that option. I don't know. I haven't made that decision yet.
THE CHAIRMAN: Senator?
SENATOR REESE: I'm through.
THE CHAIRMAN: Okay. Any other questions? Ms. Bradberry, we will have a brief Executive Session at the end of this just to see if there are any members of the committee have anything in particular that we need to ask the candidates. I hate to have to ask you to wait around, but I don't have any choice, but to do that.
A. That's what I get for marrying a Bradberry, isn't it?
THE CHAIRMAN: Thank you for coming and we'll be back with you sometime after while.
MR. JOHNSON: Mr. Chairman, if I could, Ms. Bradberry, before you leave --
A. Yes.
MR. JOHNSON: Just for her sake and for everybody else, Mr. Chairman, I would like to request that a motion be made to keep the record open on Ms. Bradberry and all the additional candidates in the event that additional information is needed or the candidates need to be addressed in light of their credit reports or anything else that may come up at this time and that way, we won't have to make it again.
THE CHAIRMAN: Okay. I intended to do that at the end of the meeting, but we can do that now. Everybody understands that.
REPRESENTATIVE BAILEY: So moved.
THE CHAIRMAN: Okay. All in favor aye. All opposed, no. The ayes have it. That's what we were talking about earlier. We don't have the credit reports and -- so we will hold it open until we get those to the committee members. Thank you.

(Off the record)

THE CHAIRMAN: Ms. Kinard, how are you today?
MS. KINARD: Fine. Thank you, sir.
THE CHAIRMAN: Good to have you with us. Before we begin, we're going to let Mr. Johnson, who is our staff attorney, ask a few questions after he puts you under oath and following that, if any of the committee members have questions, they would ask you at that time.

And as we've told you before what we're going to do is hold the record open, so that if something comes back from an inquiry report or something, we have the right to look at that before we actually make a decision which should be in the next couple of days.
MS. KINARD: All right.
THE CHAIRMAN: Okay. Mr. Johnson.
ROBIN LEWIS KINARD, having been duly sworn, testified as follows:
MS. KINARD - EXAMINATION BY MR. JOHNSON:
Q. And you are Robin Lewis Kinard?
A. Yes, sir.
Q. Ms. Kinard, do you affirm the information that you sent -- the Summary that Carleen McQueeney sent you for your review and then you were to send back, do you affirm that information is correct and would you agree to have that Summary entered into the record of the transcript here today?
A. I would like to ask if some changes have been made. Okay.
Q. All right.
A. She said the changes have been made.
THE CHAIRMAN: So with the changes you would agree they --
A. Yes, sir.
THE CHAIRMAN: -- can be introduced?

1. Robin Lewis Kinard
235 North Valencia Road
Ridgeway, South Carolina 29130

2. She was born in San Diego, California on 11/15/52. She is presently 42 years old. Social Security Number: ***-**-****.

5. She was married on 12/10/82 to Bruce Lee Kinard. She has four children: Robyn Elizabeth, age 22 - Manager of Hair Cuttery in Aiken; Jonathan Barrett, age 19 - Construction; Christopher, age 10; Andrew Lee, age 6.

7. Education: USC-Lancaster Full time nursing student currently enrolled in the ASN 1993-1995 program and Criminal Justice major also - Approved Scholarship at USC; Richland School District I Licensed Practical Nursing Program, graduated 1978; 1970 graduate from Winnsboro High School.

8. Public Service: Ridgeway Zoning Board of Adjustments Chairperson (appointed) 1990 to 1994; Board member from 1989 to 1990.

10. Her professional experience includes:
September 1993 to present: Columbia Health Care Services as a Temp for nursing positions on the weekends while in school.
January 1992 to August 1, 1993: Blue Cross and Blue Shield Insurance Company of South Carolina - Nurse Case Manager
July 1991 to January 1992: Moncrief Army Community Hospital -Health Risk Coordinator
January 1990 to July 1991: Mack Trucks incorporated - Wellness Coordinator.
August 1982 to January 1990: Richland Memorial Hospital - Quality Assurance Data Coordinator.
January 1980 to August 1982: Lexington County Hospital -

LPN/CCU-PCCU.
February 1978 to January 1980: Self Memorial Hospital - LPN
Neonatal Intensive Care Unit; Greenwood Nursing Home - LPN -Member of Geriatric Review Board.

21. Five (5) letters of recommendation: Dean John Arnold, Professor Ralph Garris, Bo Harwell, Father Chris Clements, Mrs. Laura Thomas.

Q. Ms. Kinard, your SLED records check is negative. Your Department of Transportation driving records check is negative. Your Personal Data Questionnaire indicates negative on responses for Items 11 through 20. Your State Ethics Commission form indicates negative on Items 13 through 20.

And, then, I'm just going to briefly review questions similar to those that were on both of those forms with you.
A. Yes, sir.
Q. Do you or any member of your family own or operate any business which contracts with the state or federal government?
A. No, sir.
Q. Do you or any member of your family own or operate any business which receives state or federal funds or any funding from the Consumer Affairs Commission?
A. No, sir.
Q. Have you ever been arrested, charged or held by a federal, state or other law enforcement authorities for violation of a state or federal or local law?
A. No, sir.
Q. Have you, to your knowledge, ever been under federal, state or local investigation for possible violation of a criminal statute?
A. No, sir.
Q. Have you ever been disciplined or cited for a breach of ethics or unprofessional conduct by any court, agency, association or professional group?
A. No, sir.
Q. Are you now or have you ever been employed as a lobbyist or acted in a capacity as a lobbyist principal?
A. No, sir.
Q. Are there any reasons you can think of why you may have difficulty performing the duties of this appointment if you get it?
A. No, sir.
Q. If you would like to now, you may briefly explain to the committee why you would like to serve on the Consumer Affairs Commission.
A. All right. Just to establish, I am Robin Lewis Kinard. I'm here today to establish my credibility, my credentials for this position on the Commission. I am from a strong family background of God, country and family.

I bring knowledge of several fields -- medical, computer technology, health insurance, criminal justice. I personally kept two convicted murderers in for 21 years, since 1973.

I have great negotiational skills. I'm able to see both sides of a situation and I research the situation. I have been in the public service for over 20 years in nursing and with the criminal justice system. I see this as a continuation of public service for South Carolina.
THE CHAIRMAN: Members of the committee?
EXAMINATION BY SENATOR HAYES:
Q. You said you kept two murderers -- can you explain exactly how you keep them in there?
A. Yes, sir. I have to go in front of a parole board twice a year to protest parole for two convicted murderers. My brother was killed in 1973. These two men received the death penalty. At the time it was unconstitutional and so the life sentences were commuted to life in prison. Within five years, they were eligible for parole and I have been going back ever since.
Q. Is that in California?
A. No, sir, it's here.
Q. Here in South Carolina?
A. Yes, sir. We have -- my father was in the Marine Corps, retired from there and decided to live in Ridgeway, South Carolina, of all places, and my brother was killed in Columbia in 1973.
THE CHAIRMAN: Any questions from the committee? Representative Bailey.
EXAMINATION BY REPRESENTATIVE BAILEY:
Q. I was going to ask about the same questions. What denomination are you, religion?
A. Episcopal.
Q. Is your father still living?
A. Yes, sir.
Q. Does he live in Ridgeway?
A. Yes, sir. I take care of both my mother and father. They're disabled and --
Q. What branch of the service?
A. Marine Corps.
Q. Do you know who your -- who is your state senator?
A. Martin. John Martin. And my Representative is Tim Wilkes. And I don't know what district I'm in yet.
REPRESENTATIVE WHIPPER: We don't either.
Q. We could be moving in with you.
A. And John Hodges, I believe is our district judicial for testimony victims advocacy programs and I believe after that I have to see what the chart is.
Q. You worked at Mack Truck in Ridgeway?
A. No.
Q. I mean in Winnsboro?
A. Winnsboro. Yes, sir. That was an educational experience. I was their health nurse. When the union had to come down from Pennsylvania, it was really negotiation time between nonunion and union personnel.
Q. I know a little bit about Mack. I've got some -- my wife is from Winnsboro. So you're still in nursing right now?
A. Yes, sir. I'm continuing my education. Probably by the end of '95, I'm going to have an extended degree in nursing, criminal justice and in computer science.
Q. And you are a practical nurse?
A. Yes, sir. Blue Cross Blue Shield insisted that all the nurses who are case managers upgrade their education, and so I did. And now I'm currently enrolled in USC for the nursing program, the criminal justice program and the computer science program and I am paying it for myself.
Q. What does your husband do?
A. My husband works Keebler Cookies.
Q. Good cookies.
A. Yes, sir. They are. It feeds the family especially since I'm in school.
Q. How long have you been in the state of South Carolina?
A. State of South Carolina. My father retired from the Marine Corps, I want to say either '59 or '60. Anyway, we previously came from Georgia. And, of course, with a military background, we've lived in several years.
Q. Are you a registered voter?
A. Yes, sir.
REPRESENTATIVE BAILEY: I don't have any more questions, Mr. Chairman.
THE CHAIRMAN: Any other members of the committee? Mrs. Kinard -- I'm sorry. The Senator from Horry.
EXAMINATION BY SENATOR ELLIOTT:
Q. Ms. Kinard, if a complaint came in involving members of a white community and black Americans, would you have any problem in determining the position of fairness between the complainants?
A. No, sir. As I said, my background, like I say God, country, family. Being in the Marine Corps, I was exposed that everybody had a mama and daddy that came in all colors, all sizes, all religions. And it wasn't until we moved to Ridgeway that I realized that -- that being in Ridgeway was a certain type of environment.

You -- it was just country folks, so to speak, and that's where I grew up, in the country community, but I was exposed to every type of ethnic group there ever was being in the military and my father and my mother, the teaching that a person is a person and you go from that value. You do not judge by the color of skin or religion and you go with the person's values.
Q. Thank you. I have no further questions.
THE CHAIRMAN: Any other questions?
EXAMINATION BY REPRESENTATIVE WHIPPER:
Q. How do you interpret the mission of the commission?
A. All right. I see the -- personally, not having been on the board, but having worked with the zoning committee as chairman, I can understand the type of negotiations that have to come about on the commission and I see it as being like a mediator between two certain parties or the parties involved regarding the situation. It needs to be researched and you have to negotiate to see the term -- how it will effect short term and long term, depending on what the situation is.

Sometimes not everybody is happy, but you can make certain negotiation agreements to make it reasonably acceptable. I see the commission as being a mediator more or less.
Q. I notice that you -- and I guess this will have to be answered, that you are presently serving on a board. Is that -- would that be a dual --
A. I was under the impression that when I received the commission appointment that I would have to stop serving as the zoning chairman. And I understand that.
Q. I'm not sure. I just think that there is something in the Rules --
A. Because of conflict interest.
Q. -- covered in there that we need to look into.
A. Yes, sir. Yes, ma'am.
THE CHAIRMAN: But your response, Ms. Kinard, is that if you are successful in this seat, you would resign from the zoning board?
A. Yes, sir, it is.
THE CHAIRMAN: Okay. Senator from Spartanburg.
EXAMINATION BY SENATOR REESE:
Q. Ms. Kinard, I notice that you have a lot of children like Senator Courtney and myself.
A. Yes, sir.
Q. Especially the two young ones, would that create any kind of problem if you had to come to Columbia and leave them at home? Would your husband be able to handle the situation?
A. Yes, sir, my husband handles many situations, so to speak. My older two -- well, with my family, I try to instill, you know, the background that I have and also to be very independent.

My daughter is manager at a haircutters. She does have her license in cosmetology and she's pursuing her business degree. She is very young. She's just -- will be turning 23. My son is working for Keebler and he will be pursuing his education.

The younger two, 10 and 6, are enrolled in school at this time, first grade and fourth grade, and they understand their responsibilities. Mother and dad are at home, I'm the principal caregiver of them also, but it's a family situation where everybody has to work together.

You have to work together or you'll have chaos. Now, it's a little loose sometimes, but it's in control. And so there would be no problem with that. I've handled it thus far, I can handle it again.
THE CHAIRMAN: Anything else? Okay, Ms. Kinard, thank you very much. Thank you for coming today and we have to ask you to wait because we're going to have executive session at the end in case any specific questions come up that we need to discuss out of the presence of everybody, so if you'd make yourself comfortable, we'll try to get this through.
A. I would like to add one other thing. While working with the insurance company as a nurse case manager, I was in the position where I had to negotiate a great deal of money between provider, client and the insurance company to make sure certain guidelines, protocol, policies were maintained, level of care, continuity and to make sure everybody was reasonably happy and that was a tough job. I did receive one of the highest honors at Blue Cross Blue Shield for outstanding employee and I want that to be noted.
THE CHAIRMAN: Thank you. That is noted.
REPRESENTATIVE WHIPPER: I have question I'd like to throw out to the committee.
THE CHAIRMAN: Would you like to ask that now?
REPRESENTATIVE WHIPPER: Yes, I just think that as Members and I guess because of my background with employment that we need to be cautious about some questions that might not relate. We need to be careful, so in case anything comes up, we will not be charged with discrimination for purposes of sex or religion or race or, you know. And so our questions need to be really dealing with the ability of the client to perform this task, so there will be no question that would come up. That's the way I feel about it.
THE CHAIRMAN: I'd like the Members to note that, please. Mr. Leapord, how are you doing today?
MR. LEAPORD: I'm doing fine. Thank you.
THE CHAIRMAN: It's good to have you with us. We appreciate your forbearance with us. We're going to put you under oath and Mr. Johnson, our staff attorney, is going to ask you a few questions and then following him, if any of the committee members have any questions, they'll ask you those.

And then following that, we're going to ask you to wait around a little bit more because we need to have an Executive Session at the end of the complete meeting because we may need to bring you back for some other questions, so we'll have to do it all in one day and try to make it as easy for you as we can. Okay. Mr. Johnson.
MR. JOHNSON: Thank you, Mr. Chairman.
ROBERT JOE LEAPORD, having been duly sworn, testified as follows:
MR. LEAPORD - EXAMINATION BY MR. JOHNSON:
Q. Mr. Leapord, the summary that Carleen McQueeney sent back for your review and then you sent back to the committee, do you affirm that the information is correct on that summary and agree to have that summary entered into the record of the transcript here today?
A. As far as I know.

1. Robert J. Leapord
Home Address:
506 Hackney Road
Greer, SC 29936

2. He was born in Greer, South Carolina, on January 16, 1935. His is presently 59 years old. Social Security Number: ***-**-****

5. He was married to Claudine Fowler Leapord on June 24, 1967. He has two children: Cynthia Lee Leapord, (Teacher at Brook Glenn Elementry); Candace Ann Leapord, (student at Lander University, Greenwood, SC).

6. Military Service: Army - December 4, 1957 to December 4, 1959; Sp-5 with Honorable Discharge; Ft. Meade, Maryland.

7. He attended Furman University from 1952-1954; attended Greenville Technical School completing several courses in Real Estate during 1977; 1965 he attended Whirlpool Sales & Marketing in Benton Harbor, Michigan.

8. He has served as a Commissioner for the SC Consumer Affairs since 1992.

9. He is a member of: Taylors First Baptist Church in Taylors, SC and Hejaz Shrine Temple in Mauldin, SC.

10. He has owned and operated Greenville Ice Skating, Greenville, SC 1960-1966; Southeastern manager for J. M. Fields, Inc., a division of Food Fair, Inc. (1966-1977); District manager, Southern Radio Corp., 1977-1990; Have owned Yogurt Delights since 1985, currently leased to Mr. A. L. Pringle, 75 Orchard Park Dr., Greenville, S.C.

21. Five (5) letters of recommendations: Ms. Shelby Williams, Mr. C.L. Howell, III, Mr. Jack Cochran, Mr. LeRoy Fowler, Mr. Dan Howell.

Q. Mr. Leapord, your SLED records check is negative. Your Department of Transportation driving record is negative. Your Personal Data Questionnaire indicates negative on responses for Items 11 through 20. Your State Ethics Commission, Statement of Economic Interests indicates negative on Items 13 through 20. And I have a few questions that are similar to those that you've already answered just to review with you again.

Mr. Leapord, do you or any member of your family own or operate any business which contracts with the state or federal government?
A. No.
Q. Do you or any member of your family own or operate any business which receives any funds from the Consumer Affairs Commission?
A. No.
Q. Have you ever been arrested, charged or held by federal, state or other law enforcement authorities?
A. No.
Q. Have you to your knowledge ever been under federal, state or local investigation for possible violation of criminal statutes?
A. No.
Q. Have you ever been disciplined or cited for a breach of ethics or unprofessional conduct by any court, agency, organization or professional group?
A. No.
Q. Are you now or have you ever been employed as a lobbyist or acted in the capacity as a lobbyist principal?
A. No.
Q. Are there any reasons that you can think of why you may have difficulties performing the duties of this appointment should you receive it?
A. No.
Q. If you'd like to now, Mr. Leapord, you may briefly explain to the committee why you want to serve on the Consumer Affairs Commission.
A. Well, I filled out the last term, the last year and a half, I think, and I've enjoyed it and I think it's a very efficient, productive agency. And as all of you know that we're -- Steve Hamm resigned and it's time to be looking for a new man. I'd like to continue to be a part of it.

It's a very efficient agency, I think, and I'd like for it to continue to be. And I have the time and it's -- it's of interest to me and all the people of South Carolina really.
MR. JOHNSON: That's all.
THE CHAIRMAN: Questions from the committee? Senator from Spartanburg.
EXAMINATION BY SENATOR REESE:
Q. Mr. Leopard, do you feel like you have learned a great deal in this service that you have already been a part of?
A. I have. It's a -- it's an extremely hard working agency, which I didn't know before I come into the -- come on to the commission. And I learned a lot more about state government than I realized that I didn't know before then.

And -- and I think it's a good agency. And it's going to be difficult to find a good man to replace the one that's leaving. And in order to continue to keep the agency very effective with the, you know, the restructuring of the budget and so forth, it's going to take a lot of effort by everyone over there. Not only the Advocate, but the whole team is going to have to work at this to be very efficient. It's got to be team work.
Q. Thank you.
THE CHAIRMAN: Any other members of the committee? Representative Bailey.
EXAMINATION BY REPRESENTATIVE BAILEY:
Q. How long have you been in the Shriners Club?
A. Since 1969.
Q. Do you hold any office?
A. Yes, in some of -- in the Graders (phonetic) unit, which was just one of the units,, and then I also got in a little business back in '86 that took so much of my time, I almost had to drop everything. I was working too much.

And I haven't been active -- I've got a little more active in the last year and a half because I've had more time. And I will get more active back into it because I've got an awful lot of friends in the -- not only in the -- I'm sure you know Bob Lake, he was a friend of mine for many years. He still is.
THE CHAIRMAN: The Senator from York.
EXAMINATION BY SENATOR HAYES:
Q. Are you basically retired now?
A. To an extent, yes. I still take -- I'll take contractual work. Right now, I'm doing a lot of work for GE. You see, I worked for RCA basically for many years and I traveled all over the State of South Carolina for a number of years and I still don't know probably all the furniture and appliance dealers in the state.

And right now, I'm doing some work for GE for them -- new accounts, things like that. So I'm working back all over the state, but it's just calling on old friends because I know most of them.
THE CHAIRMAN: Representative Whipper.
EXAMINATION BY REPRESENTATIVE WHIPPER:
Q. Since you have served you said a year and a half --
A. Basically, yes.
Q. About a year and a half, and you said that it is time consuming and involved. How do you feel your attendance has been? How would you evaluate --
A. My attendance, I haven't missed, but one meeting, and I think that was when my mother passed away, but it don't require a lot of time. And as a matter of fact, I could give it more time than is required. And sometime would like to.
THE CHAIRMAN: Any other -- Representative Bailey.
EXAMINATION BY REPRESENTATIVE BAILEY:
Q. Well, let me follow up that. Are you telling me that the -- is the commission taking care of the business over there? Do you need to have more time for Consumer Affair problems? Or when you say devote more time to it --
A. Well, when you've got a -- it's been well run and --
Q. I know that.
A. And there was no reason for us to spend any more time. There might be a little more time needed due to the changes over there, but it's a productive time that we spend over there and it could be -- probably needs to be increased a little bit until -- of course, you still got two -- two pretty good people over there running it, Phil Porter and Curtis Walker. But there again, they have to be -- it has to be one head man.
Q. Thank you, sir.
THE CHAIRMAN: Any other questions?
EXAMINATION BY THE CHAIRMAN:
Q. Mr. Leapord, you described the commission as a well run organization or a well run agency, and I think that it is. Are there any problems there that concern you or anything that needs to be improved?
A. Well, it was a little difficult when we kept losing people and didn't have the money to replace them, but all in all, it probably made the agency just that more efficient and it's going to come out this year on budget and it will -- if it's -- if it's handled right, it will continue to come out according to the budget.

And as you probably know, there has been some jobs added to the agency like the leasing situation, the Manpower Leasing Act that was -- you gentleman passed. That's just one of the most recent things that have been added. And to add jobs and take away manpower makes an agency as efficient as it can be.
Q. A couple times, maybe three times, I heard you mention that there is -- it's going to be hard to find a good man to replace Mr. Hamm. I'm sure that's an expression, but we hope that you would consider a good woman also as you're making that search. I thought I saw Representative Whipper's head dip back a time or two there.
REPRESENTATIVE BAILEY: I was going to correct him.
THE CHAIRMAN: Any other questions from the committee? Mr. Leapord, we are -- as I said, we're going to have an Executive Session at the end, so we will ask you to wait around. We'll try to make it as quickly --
A. Very good.
THE CHAIRMAN: -- as possible. Thank you very much.
A. I thank you. I thank all of you very much.
THE CHAIRMAN: Mr. Lewis, we thank you for coming today. We're going to begin by putting you under oath and our staff attorney, Mr. Johnson, is going to ask you a few questions. Once he finishes then the members of the committee will probably ask you a few questions also and we'll allow you, of course, to respond and state anything you would like to state on your behalf.

Once we have finished, we're going to have to ask you to wait around because we'll probably have an Executive Session at the end and may need to ask you a few more questions and so we'll just have to ask you to do that. No other way around it. Okay, Mr. Johnson.
MR. JOHNSON: Thank you, Mr. Chairman.
JOHN E. LEWIS, having been duly sworn, testified as follows:
MR. LEWIS - EXAMINATION BY MR. JOHNSON:
Q. Mr. Lewis, the -- there was a summary sheet of information that Ms. McQueeney, Carleen McQueeney, sent to you for you to review and then it was sent back to this office. Do you affirm that the information in that summary is correct and would you agree to have that summary entered into the record of the transcript today?
A. There was one minor correction that I gave to Ms. McQueeney and it dealt with the date of my wedding anniversary.
Q. And with that correction, then you would allow that to be entered?
A. (Witness nods in the affirmative).

1. John E. Lewis
Home Address: Business Address:
206 Chancery Lane FN Manufacturing, Inc.
Columbia, SC 29223 P.O. Box 24257
Columbia, SC 29224
2. He was born in Chicago, Illinois on April 29, 1942. He is presently 51 years old. Social Security Number: ***-**-****.

5. He was married on April 19, 1963 to Ruth A. Lundquist. They have two children: Karyn Polson, age 25 - Library Assistant, Richland County; Kelly Herman, age 22 - Underwriting Clerk, Fleet Funding.

6. Military Service: U.S. Navy (June, 1960) - (Dec.1960); Airman Apprentice; Honorable Discharge.

7. Education: University of Dubuque - Master of Business Administration (September 1983 to May 1985); Loras College - Bachelor of Arts, Business Administration (September 1979 to May 1981); Southwest Jr. College - Associate of Arts, Business Administration (September 1963 to May 1972).

10. His professional experience includes:
April 1993 to present - FN Manufacturing, Inc. -Sr. Quality Engr.; April 1991 to April 1993 - Ambac International, Inc. - Sr. Mfg. Engineer; October 1974 to April 1991 - John Deere Dubuque Works - Adv. Engr Analyst; April 1972 to October 1974 - Rousselle Corporation - Mfg, Engineer; June 1969 to April 1972 - McCain Div. MGD Graphics - Industrial Engineer; September 1966 to June 1969 - Goss Div. MGD Graphics - NC. Programmer; October 1962 to September 1966 - U.S. Industries - Journeyman Machinist; December 1960 to October 1962 - Swift & Company - Bookkeeper.

13. He is the majority stock-holder, Chairman of the Board or Directors, and President of Accuspect, Inc. This is a South Carolina Sub-Chapter S Corporation engaged in the business of providing written inspection reports to both buyers and seller of residential property. The business is primarily run by one employee. Mr. Lewis' primary function is to provide financial backing and general business direction. The business is not currently regulated by the Consumer Affairs Commission or any other state agency. They were an unsuccessful bidder on two contracts to provide consulting services to two local governmental authorities.

21. Five (5) letters of recommendation: Phil McChesney, George Kennedy, Stan Luallin, Sam Baines, John Ebenroth.

Q. Let's see. Mr. Lewis, your SLED records check is negative. Your Driver's records check is negative. Your Personal Data Questionnaire indicates negative on responses Items 11 through 20 with the exception of Number 13, you listed that you're the president of Acu-Spec (phonetic)?
A. Yes, sir.
Q. And that you -- I believe you listed -- you said that you were an unsuccessful bidder on two local government contracts; is that right?
A. That's correct.
Q. And I think also you noted that your business is not regulated by the Department of Consumer Affairs; is that right?
A. To my knowledge, no.
Q. Your State Ethics Commission Statement of Economic Interests indicates negative on Items 13 through 20. And I'm just going to briefly go through some questions that are similar to those questions that you've already answered on those questionnaires.

Again, Mr. Lewis, do you or any member of your family own or operate a business which contracts with the state or federal government?
A. No.
Q. Do you or any member of your family own or operate any business which receives state or federal funds or any funding from the Consumer Affairs Commission?
A. No.
Q. Have you ever been arrested, charged or held by federal, state or other law enforcement authorities for violation of state, federal or local law?
A. No.
Q. Have you, to your knowledge, ever been under federal, state or local investigation for possible violation of a criminal statute?
A. No.
Q. Have you ever been disciplined or cited for a breach of ethics or unprofessional conduct by any court, agency, association or professional group?
A. No.
Q. Have you now or have you ever been employed as a lobbyist or acted in the capacity as a lobbyist principal?
A. No.
Q. Are there any reasons you may think of why you may have difficulty performing the duties of this appointment if you receive it?
A. No.
Q. Now, if you would like to, Mr. Lewis, you may briefly explain to the committee why you would like to serve on the Consumer Affairs Commission.
A. Okay. I prepared a little statement here. My name is John Lewis. I reside with my wife at 206 Chancery Lane in Columbia, South Carolina. My wife, Ruth and I have been married since April of 1963. We were both born in Chicago, Illinois and moved from Chicago to Dubuque, Iowa in 1974 when I began work for John Deere.

In 1991, we relocated to South Carolina and I am now employed as a senior quality engineer for FM Manufacturing. My wife is an accountant for Life Abilities, an Easter Seal Affiliate. We're fortunate in both of our daughters, Karen and Kelly, have also relocated to the Columbia area. Karen and her husband moved to Columbia after he graduated from Iowa State University and Kelly, our youngest daughter, moved with us. She went to work for Fleet Mortgage Company, met a young man and was married in May of 1992 and they own a home in Lexington, South Carolina.

My education includes an associate, bachelor's and master's degree in Business Administration. These were all earned through night and part-time study. My work experience has primarily been in evaluating and solving the financial and technical problems associated or encountered in manufacturing products, primarily those products produced by metal working.

I'm certified by the American Manufacturing Engineering Certification Institute as a manufacturing engineer with a specialty of manufacturing management.

To achieve this certification, I successfully completed two four-hour examinations. The first examination was on engineering fundamentals and covered the principles that all engineers use in problem solving. The second examination was on the specialty area that I selected.

I have never been arrested or charged with any crime nor have I ever been held by any law enforcement authority. To my knowledge, I have never been under investigation by any organization for possible violation of any criminal statute or professional code of ethics. I've never been charged with any breach of ethics or unprofessional contact by any -- conduct by any civil authority, association or professional organization. I'm not a lobbyist nor have I ever acted as a lobbyist.

For three years during the mid 1980's, I did serve as a member of the Board of Directors of the John Deere Civic Action fund. This is a bipartisan political action committee funded by the employees of John Deere. The function of the Board of Directors was to approve or not approve requests for funding. Requests for funding came directly from the candidates, candidates running for public office. Participants in the fund were the management of John Deere. I terminated with -- my term expired prior to 1990.

I terminated my employment with John Deere in 1991 and am no longer eligible to serve in that capacity.

The Economic Interest statements that I've previously filed are still accurate. I do not derive any economic benefit from any governmental or regulatory agency other than those benefits that all citizens of the state receive.

My academic training has given me the skills to approach problems in a rational, logical and businesslike manner. My work experience has given me the skills to evaluate technical issues with thought processes of an engineer.

I have no hidden agenda in seeking this appointment. I'm willing and able to serve. As a citizen, I have a concern with boards that are staffed with members or employees of the professional groups or industries being regulated.

I offer my services as a candidate with no ties to any organization being regulated by the Consumer Affairs Commission. My only connection to the industries regulated by this Commission is that I along with every other citizen in the State of South Carolina use their services and buy the products of the companies that are regulated. I have no special qualifications to offer other than an independent voice of the consumer.
THE CHAIRMAN: Thank you, Mr. Lewis. Questions from -- Representative Bailey.
EXAMINATION BY REPRESENTATIVE BAILEY:
Q. Mr. Lewis, you were in the Navy?
A. Yes, sir.
Q. For how long?
A. Six months. I served active duty under six months.
Q. Then you were in the Reserves or something?
A. No, sir, I was discharged in Corpus Christi, Texas. I'm, for all practical purposes, blind in my right eye. That was discovered when I began screening for the specialty that I was training in. At that point, I was given several choices and one of them was to take -- just take a discharge.
Q. Yes, sir.
A. I did not apply for any --
Q. Disability?
A. -- disability or anything like that. I didn't feel like it was service connected, so --
Q. I notice down here, you do -- what kind of business is this, providing written inspection reports for both buyers and sellers of residential property?
A. Well --
Q. Is that your business?
A. I own it.
Q. I see it's a one-man operation.
A. I started the business primarily for my son-in-law and my function was to provide the funding for the business. His business -- job was to go out and do the inspections.

What we do is for buyers or sellers of real estate, we'll go in and evaluate the physical condition of the property, look at the -- the foundation, the roof, the landscaping, the grading, evaluate the -- what we can of the wiring and the plumbing and then submit a report.
Q. Are you familiar with the home building inspection, Home Inspection Bill that's going through, that was in both the House and Senate today?
A. No, I'm not. I think it's a good idea so.
Q. Thank you, sir. That's my bill. I appreciate that. He just got a brownie point. Where were you last week?
A. You know, from my perspective and being involved in the -- in that particular industry, I see a real need for some type of regulation, and many states, and South Carolina is one of them, that unfortunately does not have any.
Q. That's all.
A. You've got my support.
THE CHAIRMAN: Representative McLeod.
EXAMINATION BY REPRESENTATIVE MCLEOD:
Q. You said you worked for John Deere?
A. Yes, sir.
Q. Why did you leave John Deere?
A. I had reached a point in my career that I didn't see myself progressing much further in the company with the company. John Deere was going through the pains that most companies were with downsizing, so I had a choice. I could either continue to stay with Deere, which I would have had a very good job and take a retirement, or I could relocate into an area of the country that I wanted to relocate into and try something different. I decided to do that. I felt that was probably a more positive approach than just marking time.
Q. What is this John Deere fund you were talking?
A. John Deere -- the political -- it was a John Deere Civic Action Fund was -- it's an employee PAC.
Q. I mean, is it a federal type thing or --
A. No, it's an -- they donate money to primarily federal candidates. They don't -- we never got involved in state politics with the exception of Illinois and in Iowa, but they do fund candidates in almost any state where John Deere has a facility, and I mean by facility, I'm not talking about a dealership, but, say, in Georgia, here, there. In Atlanta, there is a parts distribution center and in Augusta, there is a factory. So in all probability, I would imagine they -- they may be funding the -- the campaigns of the representative from that particular area, if he would ask for it. Probably more heavily involved with the candidates from the Midwest -- Illinois, Iowa and Wisconsin -- because that was where most of the facilities were located.
THE CHAIRMAN: Any member of the committee?
EXAMINATION BY MR. ELLIOTT:
Q. What type of contracts were you seeking to get from the local government?
A. I bid on a contract with the Central Midlands Regional Development Authority to provide inspection services on some homes that they were renovating in the City of Hebron. And the other one, I submitted a bid, but I really felt kind of uncomfortable doing it. It was with the Historic Preservation Committee and I submit -- I sent off for the request for qualifications and then after I got it back, I thought, I really didn't want to mess with it, this isn't what I want to do. But then I got a call from the Procurement office and they -- they suggested that I submit the bid. I think they wanted to get some competitive bids, so I submitted a bid. But it really wasn't one that I had my heart in going after. I was more interested in the -- in the one for the --
REPRESENTATIVE BAILEY: Do you --
A. -- renovating the house, which was more with what we do.
Q. Yes, sir.
THE CHAIRMAN: Representative Bailey.
EXAMINATION BY REPRESENTATIVE BAILEY:
Q. Mr. Lewis, who is your state senator?
A. I think it was Courson, isn't it.
Q. I don't know, sir. You've got so many up here in Columbia, I really don't know. Who is your House member, do you know?
A. I really don't know. I am like most of the people you're going to run into.
Q. You don't need them until you call them, then you don't need them.
THE CHAIRMAN: What bothers me the most is that --
A. I don't need them, I don't call them.
THE CHAIRMAN: -- most of the people today have known who their House members were and then told us Senators who aren't even serving any more, so that bothers me a little bit.
REPRESENTATIVE MCLEOD: That tells you something.
REPRESENTATIVE BAILEY: No, I'm finished.
THE CHAIRMAN: Any other questions by the committee?
EXAMINATION BY THE CHAIRMAN:
Q. Mr. Lewis, the Consumer Affairs Commission is a very important commission and it's one that's been very active and very forceful in South Carolina for the last several years. What do you see the role of the commission being? What do you -- what part do you play as a member of the commission?
A. I see the commission as being more or less a watchdog agency in the state to insure against unethical business practices or people -- I don't want to say illegal or -- business practices, being the watchdog for frauds and --
Q. As a member --
A. -- regulate that. And to attempt to control some of the -- in this case, it's insurance and banking and some of the rates and the regulations that may effect all of us.
Q. You mentioned earlier that the only real experience that you had was that of a consumer. Do you see yourself as being an advocate for the consumer on the commission?
A. I think so.
Q. Do you think that might be a problem as far as being neutral and, of course, you're dealing with businesses as well as consumers? Do you think that position is going to be a problem with you being fair to the business?
A. I don't believe so because my -- all of my educational background is more in the business arena and, of course, my -- my work experience throughout my career has been in making logical business decisions and it's -- it's always a balancing act that you're doing.
Q. All right, sir.
THE CHAIRMAN: Any other questions from the committee? Thank you, Mr. Lewis, and we'll get you back in here maybe after while. Bear with us. Thank you.

Mr. Skipper, we appreciate you coming here today and your interest in serving on the Consumer Affairs Commission. We're going to start off by putting you under oath and our staff attorney, Mr. Johnson, is going to ask you some questions. And then following him the committee members may have some questions for you and then we'll let you, of course, explain anything that you want to and give us your reasons for serving and then your qualifications.

Once we're through, we're going to have to ask you to stay because we're going to have Executive Session at the end and it could be something that come up in that, that we need to bring you back in to follow up or clarify something that you testified to.

I've just been notified that I'm needed at Senator Holland's Office on an emergency situation. Representative Whipper, would you take the chair for me while I am gone? I apologize for having to leave.
REPRESENTATIVE WHIPPER: Mr. Skipper, we're happy to have you here this afternoon and we have some -- has he been sworn in yet?
MR. JOHNSON: No, ma'am.
REPRESENTATIVE WHIPPER: You will be sworn in and then we have some routine questions to review with you first before the committee members ask questions.
MR. JOHNSON: Thank you, Madam Chairman.
RONALD G. SKIPPER, having been duly sworn, testified as follows:
MR. SKIPPER - EXAMINATION BY MR. JOHNSON:
Q. Mr. Skipper, the -- there was a summary that Carleen McQueeney sent out that's basically a condensation of all the information that you sent us and you had an opportunity to correct or amend that and send that back. Do you recall that summary?
A. Yes.
Q. Would you -- do you affirm that the information is correct on that summary and would you agree to entering that summary into the record and the transcript here today?
A. Yes, I do.

1. Ronald G. Skipper
Home Address:
P.O. Box One
Hartsville, South Carolina 29551-0001

2. He was born in Florence, SC on 2/17/51. He is presently 43 years old. Social Security Number: ***-**-****

5. He was married on 6/7/73 to Sherron Lee and has two girls: Candace Angel and Christina Gene.

7. He graduated from St. Johns High School. Received an Associate Degree in Business Marketing from Florence Darlington TEC. He also received a Bachelor Degree in Business Management from Limestone College. He has also attended additional courses and workshops which included: Bell Leadership Series; Advanced Achievement Leadership Workshop - 1992; Daniel School of Management; Assertiveness Workshop - 1990; Hartsville Chamber of Commerce, Six Month Leadership Course - 1988.

9. He has been or is a member of: Chamber of Commerce; United Way; Lions Club; and Welsh Neck Baptist Association.

10. His professional experience includes:
Sonoco Products Company 1989-1993
High Density Film Products Division
Credit Supervisor (1991-1993)
Accounts Receivable Coordinator (1989-1991)
South Carolina Federal Savings Bank 1983-1987
Hartsville, SC Branch Officer
Consumer Loan Officer
Florence-Darlington Technical College 1985-1987
Part Time Evening Instructor
First National Bank 1977-1983
Hartsville, SC
Collections Officer (1980-1983)
Window and Vault Teller (1979-1980)
Drive-In Window Teller (1977-1979)

21. Five (5) letters of recommendation: Mr.Jack Westmoreland, Mr. Hal Gaymon, Mr. Phillip Whichard, Mrs. Addie Mullis, and Mr. John Nichols (Banker).

Q. The -- your SLED records check is negative. Your driving records check is negative. Your Personal Data Questionnaire indicates negative on Responses -- on Items 11 through 20. Your State Ethics Commission Statement of Economic Interest indicates negative on Items 13 through 20. And I just have a few questions that are basically reviews of the same information from those questionnaires for you.

Mr. Skipper, do you or any member of your family own or operate any business which contracts with the state or federal government?
A. No, we do not.
Q. Do you or any member of your family own or operate any business which receives funds from the Consumer Affairs Commission?
A. No, we do not.
Q. Have you ever been arrested, charged or held by a federal, state or other law enforcement authorities for the violation of a federal, state or local law?
A. No, I have not.
Q. Have you, to your knowledge, ever been under federal, state or local investigation for possible violation of a criminal statute?
A. No, I have not.
Q. Have you ever been disciplined or cited for a breach of ethics or unprofessional conduct by any court, agency, association or professional group?
A. No, I have not.
Q. Are you now or have you ever been employed as a lobbyist or acted in the capacity as a lobbyist principal?
A. No, I have not.
Q. Can you think of any reasons that you may have -- that would give you difficulty in performing the duties of this appointment should you receive it?
A. There are none.
Q. If you would like to, you may briefly explain to the committee now why you would like to serve on the Consumer Affairs Commission.
A. Well, I was wanting to tell you a little bit about myself and lead into that, if that's all right, or should I just go right straight to the part about why I want to be on the commission?
REPRESENTATIVE WHIPPER: Well, whatever, you know, relates. We do have a resume. If you feel that you need to give us added information, you may feel free to do so.
A. I'd like to briefly just state that I was -- I was born in Florence, South Carolina. And when my father became a minister, we moved to Darlington, South Carolina, which is the county seat for Hartsville, Darlington and Lamar and other cities, neighboring cities.

Immediately after I graduated from high school, I was employed by Hanes Hosiery in Hartsville and I soon realized that I needed to further my education. Therefore, I resigned from being an employee at Hanes Hosiery to enroll in Florence-Darlington Technical College.

Upon graduation from Florence-Darlington Tech, I received an associate's degree in Business Marketing and moved to Hartsville and I began my career in banking.

I married my wife who is Sherron Skipper, City Clerk, Personnel Director for the City of Hartsville. And over the next 15 years, I saw many changes and mergers in banking. During that time that's when I realized that again I needed to further my education, so I enrolled -- while being a full-time employee, I enrolled in Limestone College.

In 1984 having two daughters that were teenagers at the time, I graduated from Limestone College and had a full-time job receiving a bachelor's degree in business management.

During the time of my banking career, the 15 years, I gained invaluable experience in dealing with consumers because my main obligation was consumer loan officer. The banks that I actually worked at were just two different banks, but they merged out several times, so the name changes each time it merged out. It looks like I worked for many banks, but I didn't. It was just two of them.

In 1988, I began a career in the product sector with Sonoco Products company, a Fortune 500 company, as credit supervisor with the High Density Film Division. My working relationship with Sonoco continued until 1993, just recently, due to downsizing of -- foreign competition. They began downsizing and laying off positions to cut back, and, unfortunately, in July, my position was among others that was cut back. And I found myself looking for employment, and I found myself with a unique opportunity because of the many things that I learned at Sonoco. I learned computer technology, thus opening up my own small business just recently doing computer repairs, major installations, upgrading and preventive maintenance.

Although this type of business is extremely small, it is something that I extremely enjoy doing in my spare time. I feel that the past 23 years of my adult life has given me the knowledge, the skills and the confidence to serve the people of South Carolina in the same dependable way that I have always served the people in my area as a volunteer and through service organizations.

To the Consumer Affairs Commission, I bring my strong sense of fair play and honesty which the consumers of our state deserve. It is my desire to serve our consumers with the same integrity that I've always given to the people in my community, and I have been a volunteer, like I said, for 23 years in the Hartsville area serving on the nonprofit organizations such as the United Way, Lions Club and things like that and I have given unselfishly of my time to the people of Hartsville, and I've extremely enjoy that.

I dedicated myself and I was loyal and still am and I want to carry that over to the State of South Carolina to all the consumers.
REPRESENTATIVE WHIPPER: Thank you. Do we have any questions from the committee members? Yes, Representative Bailey.
EXAMINATION BY REPRESENTATIVE BAILEY:
Q. Mr. Skipper, St. John's High School, that was in Hartsville?
A. That's in Darlington.
Q. Darlington?
A. I was born in --
Q. You don't happen to have one in Charleston on Johns Island?
A. I think that's St. Johns Island.
Q. What did you say you do now?
A. I am self-employed temporarily as the Computer Doctor. I'm registered with the Federal Tax ID, employer ID number as the Computer Doctor. And what it consists of is major repairs to PCs and the paraphernalia that goes with the computer, major installations, upgrades and preventive maintenance.
Q. And I think you said your wife works for the Town of Hartsville?
A. City of Hartsville. She is the City Clerk and Personnel Director. Has been for the last 13 years.
REPRESENTATIVE BAILEY: That's all, Madam Chairman.
REPRESENTATIVE WHIPPER: You have other questions? Yes.
EXAMINATION BY REPRESENTATIVE MCLEOD:
Q. What did you teach?
A. At Florence-Darlington Tech? Introduction to Teller Training, Banking. That's where I began my first contacts and working in also public relations with people as a teller in a bank, and that's when the urge inside me began to grow that I wanted to be a servant to the people.
REPRESENTATIVE WHIPPER: Senator.
EXAMINATION BY SENATOR REESE:
Q. Do you anticipate staying in your own business indefinitely?
A. I have talked to many people that are already in the business and for the size of Hartsville and the Darlington County, that's how the business is, part time. And I continue to do that really in my spare time.

I did it before the downsizing at Sonoco on the weekends and basically that's what it is right now, just weekend work. There is just not enough type of that equipment in that county that needs a full-time position. But I anticipate it to be part time for me many years to come, almost like a hobby.
REPRESENTATIVE WHIPPER: Other questions? Mr. Skipper, we would like to inform you that the session is open for further information because we do not have all of the information that we requested and after we are through with the interviews, we will have an Executive Session and at that time, afterwards, if you are around, we may have a report. Thank you.
A. Could I ask one question?
REPRESENTATIVE WHIPPER: Yes.
A. Carleen called me the other week -- the other day and made note that a couple of the letters had not come in, I was wanting to know if they did.
MS. MCQUEENEY: I got them.
A. They did. Okay. Thank you.
REPRESENTATIVE WHIPPER: Thank you. Mr. Churchill, we're happy to have you with us this afternoon and we would like to begin by having you sworn in and having you answer a few questions.
MR. CHURCHILL: Okay.
MR. JOHNSON: Thank you, Madam Chairman.
DAVID L. CHURCHILL, having been duly sworn, testified as follows:
MR. CHURCHILL - EXAMINATION BY MR. JOHNSON:
Q. Mr. Churchill, there was a summary of information that Ms. Carleen McQueeney condensed from all the forms that were filled out that was sent to you for your verification and then returned back to our office?
A. Right.
Q. Do you affirm that the information on that summary is correct and would you agree to enter that into the record today?
A. Yes.

1. David L Churchill
807 Wedgefield Road
Florence, SC 29501

2. He was born in Bloomfield, NJ, on June 12, 1930. He is presently 63. Social Security Number: ***-**-****.

5. He was married April 17, 1954 to Janet Feist. They have two children: Glenn P. Churchill, age (36), Assistant Solicitor, 9th Judicial Circuit and Ellen W. Churchill, age (32), Nurse Practitioner (MSN).

6. Military Service: August 24, 1952 - October 8, 1956 USAF Captain; AO 2246900; Honorable discharge; Served as Russian Language Intelligence Officer (NSA).

7. Education: Rutgers University, New Brunswick, NJ 1948-1952. Received a BA degree. Magna Cum Laude, Phi Beta Kappa.

8. Public Service: Member of Zoning Board of Appeal (appointed by the Mayor) in Ohio, 1973-1974; February 1, 1994 to Present - Volunteer Tutor for the Florence Area Literacy Council.

9. He has been or is a member of: Chi Phi social fraternity; Phi Beta Kappa; National Trust for Historic Preservation; Rutgers Club of South Carolina; AARP; Sons of the American Revolution; National Association of Railroad Passengers.

10. His professional experience includes:
Evaluator (P.T.) Florence Coalition Against Alcohol and Other Drug Abuse - Florence SC - August 1992 to November 1993; Marketing Consultant L-TEC Welding & Cutting Systems - Florence, SC - Sept. 1990 to Aug. 1991; Product Business Manager L-TEC Welding & Cutting Systems - Florence SC - July 1985 to August 1990 (Retired); Product Manager Union Carbide Corp., Linde Division -Florence, SC - January 1978 to June 1985; Special Assignment Union Carbide Corp., Linde Division - New York, NY - August 1977 to December 1977; President, Merritt-Holland Company Subsidiary of Union Carbide Corp. - Wilmington, NC - May 1974 to July 1977; Region Marketing Manager Union Carbide Corp., Linde Division - Cleveland, OH - February 1968 to April 1974; Assistant Region Sales Manager Union Carbide Corp., Linde Division - San Francisco, CA - February 1965 to January 1968; Field Sales Representative Union Carbide Corp., Linde Division - Buffalo, NY -August 1958 to January 1965; Training Coordinator Union Carbide Corp., Linde Division - New York, NY - October 1956 to July 1958.

21. Five (5) letters of recommendation: Sean Kittrell, Walter Ranson, Ray Frisch, Steve Dykes, Scott Blalock.

Q. Thank you, sir. Your SLED records check is negative. Your driving records check is negative. Your Personal Data Questionnaire indicates negative on responses to Items 11 through 20. Your State Ethics Commission Statement of Economic Interest indicates a negative on Items 13 through 20. And I've just got a few questions to ask you that are really just review of those questions that you've already answered before in those forms.

Mr. Churchill, do you or any member of your family own or operate any business which contracts with the state or federal government?
A. No, we do not.
Q. Do you or any member of your family own or operate any business which receives funding from the Consumer Affairs Commission?
A. No.
Q. Have you ever been arrested, charged or held by federal, state or other law enforcement authorities for the violation of a state, federal or local law?
A. No.
Q. Have you, to your knowledge, ever been under federal, state or local investigation for possible violation of a criminal statute?
A. No, I have not.
Q. Have you ever been disciplined or cited for a breach of ethics or unprofessional conduct by any court, agency, association or professional group?
A. No.
Q. Are you now or have you ever been employed as a lobbyist or acted in a capacity as a lobbyist principal?
A. No.
Q. Are there any reasons you may think of that may cause you difficulty in performing the duties of this appointment if you receive it?
A. No.
Q. If you'd like to now, Mr. Churchill, you may briefly explain to the committee why you would like to serve on the Consumer Affairs Commission?
A. Well, I've got a selfish reason and I've got an unselfish reason. The selfish reason is I'm retired and I think that retired people should remain intellectually active and the unselfish reason is if I'm going to be intellectually active, I'd like to -- that activity to be socially beneficial.

That's the reason that I act as a volunteer tutor for the Florence Area Literacy Council and that's the reason that I applied for and was given the position as a part-time evaluator of the -- of the Florence Coalition Against Alcohol and other Drug Abuse, which was a temporary position, but I had that job for about 13 months.
REPRESENTATIVE WHIPPER: Do we have any questions from the committee? Senator.
SENATOR REESE: Yes.
EXAMINATION BY REPRESENTATIVE BAILEY:
Q. Just a couple. Mr. Churchill, looking at your professional experience you came to South Carolina in about 1978 with Union Carbide --
A. Yes.
Q. -- from New York?
A. Well, actually my previous assignment with the Union Carbide was in Wilmington, North Carolina. But I was president of the Union Carbide subsidiary in Wilmington, North Carolina. That is what I did for Union Carbide prior to coming to South Carolina.
Q. How about telling me a little bit about this, the Florence Coalition Against Alcohol and Other Drug Abuse. What did you do with that?
A. Well, there is a -- that's a federally funded activity and there is a -- there is a company in Columbia known as the Evaluation Group, which had a -- which has a contract to evaluate that program. You know, any time the government spends money, they like to know what's going on and so forth. I was one of a hundred applicants for the job of local evaluator for the Florence Coalition and I received that position. And my job was to attend all of the volunteer committee meetings and write an evaluation report, so I did that for the 13 months that the -- that the job existed, but they abolished -- well, it was a temporary assignment, temporary job.
REPRESENTATIVE BAILEY: I don't have any more questions, Madam Chairman.
REPRESENTATIVE WHIPPER: Other committee members? Senator.
EXAMINATION BY SENATOR REESE:
Q. Mr. Churchill, have you ever considered joining the National Association of Bus Riders? I notice you're a member of the National Association of Railroad Passengers?
A. Well, I'm not sure there is a National Association of Bus Passengers, but I am a rail buff, so that's why I -- I joined that group.
Q. What do y'all do, make trips and things?
A. Well, you get a newsletter which tells us what's going on basically with AmTrak because you know they run most of the passenger trains and then you get a sticker to put on your car and it says, "I'd rather be on the train."
Q. Is that in -- have any of the historic trips involved? I know in Spartanburg, sometimes we have these historical trips.
A. Yeah, I haven't been on one of those, but most of -- those are mostly excursions and they're very popular and I just haven't had a chance to go on one yet, but at least not in this state.
Q. That's all.
REPRESENTATIVE WHIPPER: Other committee members?
EXAMINATION BY REPRESENTATIVE WHIPPER:
Q. How do you see the mission of this agency?
A. The mission of the --
Q. The agency?
A. The agency?
Q. Uh-huh, or the commission really.
A. Yeah. Well, it's to -- it's to protect the consuming public in South Carolina and I know that there is an -- there is a legal division and I know that there is a consumer advocate division, an administration division and -- and then the -- and then the division that handles the consumer complaints.

And my understanding is that anything having to do with the -- with the -- anything that's purchased on credit within this state pretty much comes under the purview of the -- of the -- well, actually, the Department of Consumer Affairs, and my understanding of the Commission's activity is to act and serve as sort of a board of directors for the -- for the department.
REPRESENTATIVE WHIPPER: Do we have other questions? Yes.
RE-EXAMINATION BY SENATOR REESE:
Q. Mr. Churchill, were you involved in the Korean Conflict?
A. I was -- I served during the Korean Conflict as a cryptolinguist for the -- the National Security Agency. When I -- when I graduated from Rutgers, they were asking for volunteers to study the Russian language and I volunteered and I had a commission as a Second Lieutenant through the Air Force ROTC at Rutgers. And I spent a year learning the language and I spent three years working on the Russian cipher systems in the Washington area for the National Security Agency. So I was during the Korean War, right.
REPRESENTATIVE WHIPPER: Thank you very much. And we will be in Executive Session after we've interviewed all of the applicants. And if you will, we will speak to you at that time and answer any questions.
A. I don't quite understand that. What would be the reason for -- for remaining here while the group continues --
REPRESENTATIVE WHIPPER: I think we will be able after Executive Session to report out as to whether your application has been accepted and you -- we have reported out favorably or unfavorably.
A. Okay. Thank you very much.
REPRESENTATIVE WHIPPER: Mr. Edwards.
MR. EDWARDS: Yes.
REPRESENTATIVE WHIPPER: Thank you for applying for this particular vacancy on the commission. We will begin by having you sworn in and then some routine questions that you would need to answer.
MR. EDWARDS: Okay.
JAMES LEE EDWARDS, having been duly sworn, testified as follows:
MR. EDWARDS - EXAMINATION BY MR. JOHNSON:
Q. All right, sir. There was a summary of information that Ms. Carleen McQueeney put together from all the information that you've sent our office and she sent it to you for your review, and I'd just like for you to affirm that the information on that summary is correct and then I -- to agree to have that summary entered into the record here today?
A. Yes.

1. James Lee Edwards
Home Address:
11 Dennis Lane
Blythewood, SC 29016

1. He was born in Campbell, Mo. on September 20, 1935. He is presently 58 years old. Social Security Number: ***-**-****

5. He is married to Carmen P. Edwards. They were married April 30, 1982. He has three children:
Deborah Tunnell, age 39 - RN
Billie Sims, age 35 - Administration
Tom Edwards, age 37 - Automotive (self employed)

7. He attended Olivet Nazarene University 1954-1955, 1958-1961 - AB. He also attended University of Michican.

8. He was appointed to the Planning and Zoning Committee in Bethany, Ok. in 1974-1978. He is presently serving on the Town of Blythwood Zoning Board. He was appointed in 1992.

9. He is a member of: Board of Evangelism SC Conference United Methodist; Council on Ministries SC Conference United Methodist; Member of trinity UMC in Blythwood; Advisory Committee Fairfield Electric Coop.; Round up Board Member Fairfield Electric Coop.; Medical Representatives of Columbia; Zoning Commission Town of Blythwood;

10. He was employed in 1993 for Whitehall Robins division of American Home Products (Advil - Robitussin - Dimetapp).
He worked for Bristo-Myers Squibb from 1965 until he retired in 1993.

21. Five (5) letters of recomendation: Don Alexander, MD (Cardiologist), Columbia, SC; John Bloodworth, Jr. (DHEC), Blythwood, SC; Bill Lackey, General Mgr. Hampton Pontiac - Bruick - Jaguar, Columbia, SC; Bill Hart CEO, Fairfield Electric Coop, Winnsboro, SC; William A. Harwell, President, Bank of Ridgeway, Ridgeway, SC.

Q. Thank you. The -- your SLED records check is negative. Your driving records check is negative. Your Personal Data Questionnaire indicates negative on Responses 11 through 20. Your State Ethics Commission Statement of Economic Interest indicates negative on Items 13 through 20. And the only thing that is listed on your summary is that -- are you currently serving on the Town of Blythewood Zoning Board?
A. Yes, I am.
Q. And are -- would you be willing to resign from that Board if you win this seat on the Consumer Affairs Commission?
A. Yes.
Q. I've got a few more questions that I need to ask you that are really -- basically, are a review of all the information you've already sent to our office.

Mr. Edwards, do you or any members of your family own or operate any business which contracts with state or local -- state or federal government?
A. No.
Q. Do you or any member of your family own or operate any business which receives funds from the Consumer Affairs Commission?
A. No.
Q. Have you ever been arrested, charged or held by federal, state or other law enforcement authorities for violation of a state, federal or local law?
A. No.
Q. Have you, to your knowledge, ever been under federal, state or local investigation for possible violation of a criminal statute?
A. No.
Q. Have you ever been disciplined or cited for a breach of ethics or unprofessional conduct by any court, agency, association or professional group?
A. No.
Q. Are you now or have you ever been employed as a lobbyist or acted in a capacity as a lobbyist principal?
A. No.
Q. Are there any reasons you may think of that -- why you may have difficulty performing the duties of this elected position?
A. I hope not, no.
Q. If you'd like to now, Mr. Edwards, you may briefly explain to the committee why you'd like to serve on the Consumer Affairs Commission.
A. Well, I've had an interest in doing something like this for a number of years, but I've worked and traveled a fair amount and wasn't able to do something, you know, like this because of attending the meetings, being out of town. And I retired last year from Bristol-Myers after 29 years and I'm working part time for another pharmaceutical company and I -- and I do have the opportunity now to do this and I've read with interest always about the Consumer Affairs Commission and I've always admired Steve Hamm and the work that's he's done.

And I've always had a soft spot, I guess, in my heart for people that -- that get -- I don't know the words to use exactly -- ripped off or cheated or -- and I thought this would be a good place to serve. And as I get a little older -- I've had some heart problems in the last two or three years -- as I get a little older, I think more in terms of serving and maybe that's a natural thing to do, but I'm looking for a place to serve is really what it amounts to. And I thought this would be a good opportunity when I noticed, you know, the opening in the newspaper.

That's -- I think -- being in business most of my life and I've called on most of the physicians in central South Carolina. I'm in most of the state in years past. I do have a good business sense, I believe, and I think the important thing would be, would be to be fair in a job like this for everyone. That's pretty much my thinking.
REPRESENTATIVE WHIPPER: Thank you. Any member of the committee? Mr. Bailey.
EXAMINATION BY REPRESENTATIVE BAILEY:
Q. Mr. Edwards, you're on the Fairfield Electric Co-op Advisory committee?
A. Yes, sir.
Q. What's that do?
A. Well, it's primarily a board that -- an advisory panel set up to count the ballots. It's an annual thing. It's really just kind of a -- it's really nothing to --
Q. I don't know if you're a member of the Co-op board or --
A. No, I'm not a member of the Board of Trustees.
Q. Okay.
A. No.
Q. What's the Round-up Board?
A. That's a new thing that two or three of the Co-ops have done recently. We round our electric bills up to the next dollar and then it goes into a kitty for charity and like if a person's home is burned, we automatically give them $500.

We've purchased a safety nets for the like North Richland County, our service area, Fairfield County, the Sheriff's Department, Kershaw County and part of Lancaster County. That's one thing we've done.

In other words, it's a charitable thing that the Co-op has set up where we round our electric bills to the next dollars that people choose to do it. In other words, it's a voluntarily thing.
Q. Right.
A. And requests are made from all sorts of organizations, you know, as to whether they -- for the funding and then we either accept it or reject it. There was a committee appointed, I think there is like eight of us on that board and my terms expires -- I had a one-year appointment. Mine expires June or July of this year.

But what we do is -- well, I think it amounts to 15 or 20 thousand a month, but so far we haven't -- it's a rather new thing and we haven't totally dispensed each -- the monies we've drawn each, you know, month.
Q. Who is your House Member, do you know?
A. My House Member is John Scott.
Q. Scott. Who is your Senator?
A. Kay Patterson.
Q. Thank you, sir?
A. Pardon me.
Q. Thank you, sir.
REPRESENTATIVE BAILEY: That's all I have, Madam Chairman.
REPRESENTATIVE WHIPPER: Mr. McLeod.
EXAMINATION BY REPRESENTATIVE MCLEOD:
Q. Mr. Edwards, how long have you been lived in South Carolina?
A. I've lived here about 15, 16 years.
Q. You were with the same company and just transferred here?
A. Bristol-Myers -- Yes, they transferred me as an oncology representative. I handled the cancer drugs back in '78, '79 and '80 and then I became the district manager. I had North Carolina and South Carolina.
Q. And you moved to South Carolina?
A. Well, I was here with the oncology. They moved me here with the oncology drugs. Yes.
REPRESENTATIVE WHIPPER: Other questions? Senator.
EXAMINATION BY SENATOR REESE:
Q. From 1955 to 1958, what did you do? You have a gap there in your education. Were you in service or something?
A. '55 to '58, I dropped out of school, sir, and I got married, I had children and that's what I did and then I returned to college.
Q. Fell in love then?
A. And I was married for 26 years and then divorced. Again, I have married a gal that's been in South Carolina for a long time. I'm originally from Mississippi, however.
REPRESENTATIVE BAILEY: That's interesting.
A. That's worse.
REPRESENTATIVE BAILEY: No, no. Somebody asked Quayle the other day spell -- "Can you spell Mississippi?" He said, "The state or the river?" I better get off the record. No, no, there is nothing wrong with Mississippi.
A. I've lived across the road -- Mary Lourie just moved, but Mary Lourie for about nine years and then --
RE-EXAMINATION BY REPRESENTATIVE BAILEY:
Q. This has no bearing on this, but are your kids in South Carolina?
A. No, they're not. They're all in Oklahoma.
Q. I'm surprised how many we have nurses as we go through this. A lot of them -- people have kids nurses?
A. I do have a stepson here. I thought about this later that should have maybe been on the -- Steve Mounts. Steve lives off of Forest and he's a Spring Valley -- I mean, yeah, Spring Valley High School graduate, went to Carolina.

And then McCoy (phonetic), my stepdaughter, lives on the Isle of Palms and she's with B. Johnson Nutritional, a division of Bristol-Myers, so it covers the medical university. So two of them do live here, but they're stepchildren.
REPRESENTATIVE WHIPPER: Other questions?
SENATOR REESE: I've got one more.
RE-EXAMINATION BY SENATOR REESE:
Q. Are you a lay minister? I notice you've got a lot of --
A. Well, I've had -- that's been my real interest through most of my time. Probably if I had life to do all over, I would have gone to seminary, and I just -- that's always been my -- where I've spent my extra time.

In coming up for a job like this, I've -- I thought, you know, I've spent more of time in my church than I have in my political -- which I'm not so sure, that's maybe a good thing. But, however, I've enjoyed that and I'm on the Board of Evangelism for the general -- for the South Carolina conference for the United Methodist Church. I do take those lay speaking programs and I personally wouldn't mind filling in permanently at a small church in North Richland County or Fairfield County is what would be one of my dreams and not work this job I'm doing part time. You know, thinking of dreams.

I filled in at some churches like Zion United Methodist up at the edge of Blythewood. I have done that on occasion because the minister -- our minister only -- Bob Howell was only there once every, you know, month and I would fill in for him on occasion at that church.
Q. Where is Nazarene University located?
A. It's in Kankakee, Illinois. That's a -- the church I actually grew up in and around here they're not as strong, but there's a -- there is a considerable number. There's a good size one here in Columbia.
Q. That's a small college?
A. Yes, it's a church related college.
Q. Right. They have a basketball program up there?
A. Yes, they're very strong in the, you know, the -- it's the NAAIA, I believe, conference.
Q. NCCAA (phonetic)?
A. NC, okay.
Q. If I'm not mistaken, I've refereed several ball games that they've been involved in. As a matter of fact, I think they won the National Championship a few years ago, a game I was involved in. But I'm real familiar with a lot of those schools.
SENATOR REESE: That's all.
REPRESENTATIVE WHIPPER: Mr. Edwards, we remain open for the receipt of any additional information. We'd like for you to know that and we will go into executive session at the end of the interviews and you may want to remain to find out our decision as far as the approval of your candidacy.
A. All right. I thank you very much.
REPRESENTATIVE WHIPPER: Thank you. How are you, Mr. Johnson? We're happy to have you apply for this vacancy.
MR. JOHNSON: Thank you very much.
REPRESENTATIVE WHIPPER: We will begin by having you sworn in and then a few routine questions that we need to ask.
NED D. JOHNSON, having been duly sworn, testified as follows:
MR. JOHNSON - EXAMINATION BY MR. JOHNSON:
Q. Mr. Johnson, through this process with the different questionnaires that were sent out, Ms. Carleen McQueeney made a summary of all that information and sent it to you for your corrections, if any, and then you sent it back to this office. Do you affirm that the information on that summary is correct and would you agree to entering that into the record here today?
A. Yes, I do.

1. Ned D. Johnson
Home Address: Business Address:
1422 Baldwin Court Tilghman Ins. Agency, Inc.
Box 1319 P.O. Box 10
Little River, SC 29566 N. Myrtle Beach, SC 29582

2. He was born in Dayton, Ohio on 11/14/21. He is presently 72 years old. Social Security Number: ***-**-****.

5. He was married on 9/22/43 to Kathleen Driscoll. They have eight children:
James M. Johnson (47) New England General Manager Vending
Supply of America - Connecticut
Dale A. Morrissey (45) Teacher - Connecticut
Mark D. Johnson (43) School Principal - Vermont
Carol Johnson - Haywood (40) Teacher -New Hampshire
Philip A. Johnson (38) Purchasing Manager Stanadyne Corp. Connecticut.
Amelia Johnson - Marsland (35) Homemaker - Massachusetts
Brian A. Johnson (29) Operations Department Vending Supply of America - Colorado
Stephen M. Johnson (28) Management Search - Georgia

6. Military Service: 10/42 - 4/46 U.S. Army Air Corps Sergeant (Honorable Discharge).

7. He has a B A Degree from DePauw University. He attended the University 9/40 - 8/42; 6/45 - 6/47.

8. Public Service: Board of Adjustment - Chairperson, Stowe, Vermont 1977-1979 (Town Zoning and Appeals Board).

9. He has been or is a member of: Kiwanis Club; Rotary Club; Elks Club; Horry County Community Forum; Roman Catholic Church; Grand strand Citizens for Life; Phi Kappa Psi Fraternity; Junior Chamber of Commerce; Chamber of Commerce.

10. His professional experience includes:
General Electric Company 1947-1949
Smith - Ramsey Investment Banking 1949-1951
Travelers Insurance Company 1951-1973
Stowe Motel, owner/operator 1973-1980
Jackson Insurance Agency 1981-1985 (part time)
Tilghman, Insurance Agency 1985-Present (part time)

21. Five (5) letters of recommendation: Douglas Shaffer, Allen Jeffcoat, Douglas Wendel, John Cote, James Hart.

Q. Thank you, sir. Your SLED records check is negative. Your driving records check is negative. Your Personal Data Questionnaire indicates negatives on responses for Items 11 through 20. Your State Ethics Commission Statement of Economic Interest indicates negative on Items 13 through 20. And I just have a few questions that are very similar to the ones that you've already answered in the questionnaires.
A. Uh-huh.
Q. Mr. Johnson, do you or any member of your family own or operate any business which contracts with the state or federal government?
A. No.
Q. Do you or any member of your family own or operate any business which receives funds from the Consumer Affairs Commission?
A. No.
Q. Have you ever been arrested, charged or held by a federal, state or other law enforcement authorities for violation of state, federal or local law?
A. No.
Q. Have you, to your knowledge, ever been under federal, state or local investigation for possible violations of a criminal statute?
A. No.
Q. Have you ever been disciplined or cited for breach of ethics or unprofessional conduct by any court, agency, association or professional group?
A. Questioned once by the insurance department regarding a company I was doing business with, but no action was ever taken.
Q. All right, sir. Are you now or have you ever been employed as a lobbyist or acted in the capacity as a lobbyist principal?
A. No.
Q. Can you think of any reason why you may have difficulty performing the duties of this elected position?
A. No.
Q. If you would like to now, you may briefly explain to the committee why you would like to serve on the Consumer Affairs Commission?
A. I just have prepared a very brief statement, and saying that because of my extensive background in management, marketing and general business experience, I believe that I could be of value to the Consumer Affairs Commission.

I have a great deal of experience in problem solving. I've spent several years with two international corporations and have successfully owned and operated our own family business, a motel in a resort area in another state. I've been a consumer for 72 years. But I believe that I could also serve the people of South Carolina of all ages as an ombudsman for -- for them.
REPRESENTATIVE WHIPPER: Do we have any questions?
EXAMINATION BY REPRESENTATIVE BAILEY:
Q. My colleagues tell me I was catnapping. I was not. I was just shutting my eyes as I was going through these eight kids --
REPRESENTATIVE MCLEOD: I have to wake him up --
Q. -- and thinking just how marvelous an individual you must be to have eight kids. We were talking about that prior to you coming in, Mr. Johnson. I have five, he has three and I guess it takes two of us to control, but I admire you with eight kids, I can tell you.
A. Our youngest is in --
REPRESENTATIVE WHIPPER: Don't ask him what his spouse does. George?
REPRESENTATIVE BAILEY: Um?
REPRESENTATIVE WHIPPER: Don't ask him what his spouse does.
REPRESENTATIVE BAILEY: I was not.
Q. Let me ask you something, how long have you been in our state?
A. 14 years. It'll be 14 years in August.
Q. And basically in the Grand Strand area?
A. Yes. Uh-huh.
Q. And you came from Ohio there?
A. I came from Vermont.
Q. Vermont?
A. Stowe, Vermont.
Q. Yes, I could see you've been in Vermont. You left some kids up there.
A. Yes, we still have some in Vermont, New Hampshire, Massachusetts and Connecticut and Atlanta and Colorado.
Q. I wish I could spread mine up. They all stay home. Do you know who your House member is here in Columbia?
A. Harold Worley.
Q. Mr. Worley. How about your senator?
A. Dick Elliott.
Q. I must say for 72, I hope I look like you when I'm 72. You look great, sir.
A. Thank you. Thank you. I'm very -- I do remain very active. I still play some tennis and try to play some golf and spend a lot of our time -- both my wife and I spend a lot of our time with younger friends.
Q. I notice you were active in the Jaycees, I guess. The Junior Chamber of Commerce, is that the Jaycees?
A. Uh-huh.
Q. Throughout many years?
A. Years and years and years. 36 years ago, I had to leave it.
Q. They threw you out, too?
A. Uh-huh.
REPRESENTATIVE WHIPPER: Other committee members? Yes.
EXAMINATION BY REPRESENTATIVE MCLEOD:
Q. What type of insurance do you sell?
A. Just life and group insurance, a little bit of health insurance and some pension business. But now, I'm doing that just one day a week.
Q. You make enough money --
A. And I'm considering making a change in that. I'm primarily taking care of some old accounts and the agency I'm with treats me very well and it's very difficult to leave. They -- they treated me that well. They take good care of me.
REPRESENTATIVE WHIPPER: Yes, Senator.
EXAMINATION BY SENATOR REESE:
Q. In 1942 to '46, I noticed you were involved probably in the war. What role did you play?
A. I was in the Army Air Corps doing Air-Sea rescue work. I was in the Aviation Cadet program for a while and washed out when I ground up an airplane. I served principally in this country, a little bit of time in Hawaii and was on my way to Okinawa when the bombs were dropped and the war was over when I got to Okinawa.
Q. Turn around and come right back?
A. Well, no, I stayed there for about six months operating an Air-Sea rescue operation.
Q. And then you went back to school?
A. Then I went back to DePaul University in Indiana, that's correct.
Q. So you were married during the war?
A. Yes. We were married in 1943 out in California.
Q. What did you do when you went back to school? Did your wife have to work to support you or how did you all --
A. No. I had two jobs when I went back to school. We also had a child at midterms.
Q. So you --
A. Interestingly enough, I was taking a course on marriage and family and he gave me an A and I didn't have to take the exam because we had a child.
Q. So you had it pretty tough right after the war then?
A. Yeah, we did. We were -- you know, we were making $90 a month, but we also had university housing and the -- and the housing was inexpensive. We didn't mind that. It was two of the greatest years we've had.
Q. That's all the questions.
EXAMINATION BY REPRESENTATIVE WHIPPER:
Q. One of the questions that was asked I wonder if you can give us further information, and I believe it's the question pertaining to have you ever been disciplined or cited for a breach of ethics or unprofessional conduct by any court, agency, or association or professional group. And I'm not sure about your response to that. Please explain --
A. I received a letter from the insurance commissioner, and this is probably, I'm guessing, 10 years ago when the company called Florida General was licensed to do business in the state of South Carolina. They ran into some serious difficulty earlier than a lot of other companies did and we were questioned as to our representation of that company at that time, but there was nothing on toward -- no license requested sent back or anything of that sort. Nothing more than an inquiry.
REPRESENTATIVE BAILEY: No suspension?
A. I'm sorry?
REPRESENTATIVE BAILEY: No suspension of the licensing?
A. No. No, none. Never. And I've been licensed in New York, Connecticut, Vermont, South Carolina, New Jersey.
Q. I notice that in your background, you have a successful business background mostly and on this commission, do you feel that you can be very fair in hearing and representing the consumer interest as well?
A. Very much so. I think probably with my experience, I -- maybe even more so, and that's one of the principal reasons I would like to serve on such a commission. I think I can do it very fairly.
REPRESENTATIVE WHIPPER: Do we have other --
A. I left -- I might add, that I left a large New England Protestant company in order to leave and go to Vermont and that was after I'd been told that I shouldn't hire anymore Catholics and I had adopted a biracial child that -- that was not received terribly openly by a large New England domicile with a white Protestant company. So I don't think I'd have any problem being fair, no.
REPRESENTATIVE WHIPPER: Well, we certainly thank you for appearing and I would like to inform you that we remain open for any additional information. And after the interviews, we will be in Executive Session to make a decision on those persons who have been approved after the screening and if you care to wait for that --
A. All right.
REPRESENTATIVE WHIPPER: -- you may do so.
A. Thank you very much.
REPRESENTATIVE WHIPPER: Thank you.
A. Thank you all very much.
THE CHAIRMAN: Mr. Randolph, we're glad to have you with us today.
MR. RANDOLPH: Thank you very much. Glad to be here.
THE CHAIRMAN: We'll try to make this as easy as we can. We need to ask you a few questions and what we're going to do is put you under oath and our staff attorney, Mr. Johnson, here will question you on some basic matters. And then following that, some members of the committee may have some questions for you.
MR. RANDOLPH: Okay.
THE CHAIRMAN: We'll give you the opportunity to explain why you enjoy serving on the Consumer Affairs Commission and what you feel -- why you feel like you want to continue to do that. Once we're through, we will have an Executive Session after we've finished interviewing everybody and we would ask you to wait around because there maybe some question that would come up that we need to call you back in to clarify something at that time.
MR. RANDOLPH: Okay.
THE CHAIRMAN: Okay. Mr. Johnson.
MR. JOHNSON: Thank you, Mr. Chairman.
LONNIE RANDOLPH, JR., having been duly sworn, testified as follows:
MR. RANDOLPH - EXAMINATION BY MR. JOHNSON:
Q. Doctor Randolph, the information that you sent to our office, Ms. Carleen McQueeney compiled that into a summary. That was sent to you for your review and then you sent it back to us. Do you affirm that the information in that summary is correct and would you agree to entering that summary into the record here today?
A. Yes. Yes, I do.

1. Lonnie Randolph, Jr.

Home Address: Business Address:

P.O. Box 50351 2213 Hampton Street

Columbia, SC 29250 Columbia, SC 29204

2. He was born in Columbia, South Carolina, on June 3, 1950. He is presently 43 years old. Social Security Number: ***-**-****

5. He was married to Patricia Reuben Randolph on June 16, 1973.

7. He received a (B.S. Biology) from Benedict College in 1972. He attended Southern College of Optometry, (Doctor of Optometry), 1977.

8. He has served as a commissioner on the SC Department of Consumer Affairs Commission since May 1979.

9. Dr. Randolph has been active in the United Black Fund of the Midlands, serving as Chairman and has served on the Board of advisors of the Sickle Cell Anemia Foundation. He serves as President of the Midlands Optometric Society, Chairman of the South Carolina Optometric Association's Public Relations Committee, and is a recipient of the South Carolina Optometric Association's Outstanding Service Award. After serving on the Association's Executive Committee he rose to President of the Association, the first African American to so serve.

11. He serves as the Optometrist for the South Carolina Department of Corrections.

21. Five (5) letters of recommendation: William C. B. Payne, Jr., Rev. Arnold Williams, Gladys B. Goforth, Willie S. Minor, Jr., Sr., Joseph McCulloch.
Q. Doctor Randolph, your SLED records check is negative. Your driving records check is negative. Your Personal Data Questionnaire indicates negative for responses Items 11 through 20. Your State Ethics Commission Statement of Economic Interest indicates negative on Items 13 through 20, with the exception that you have listed that you're an optometrist for the South Carolina Department of Corrections. And I just have a few questions to ask you that are basically a review of the questions that you answered in those two questionnaires.

Doctor Randolph, do you or any member of your family own or operate any business which contracts with the state or federal government?
A. I'm an optometrist for the Department of Corrections and that's the only -- I'm a contract person. No one else in my family does.
Q. Do you receive any funding from the Consumer Affairs Commission?
A. No, I don't.
Q. Have you ever been arrested, charged or held by federal, state or other law enforcement authorities for the violation of state, federal or local law?
A. No, I haven't.
Q. Have you, to your knowledge, ever been under federal, state or local investigation for possible violation of a criminal statute?
A. No, I haven't.
Q. Have you been disciplined or cited for a breach of ethics or unprofessional conduct by any court, agency, association or professional group?
A. No, I haven't.
Q. Are you now or have you ever been employed as a lobbyist or acted in a capacity as a lobbyist principal?
A. No, I haven't.
Q. Are there any reasons why you may have difficulty performing the duties of this elected position?
A. I can't think of any.
Q. If you would like to, you may now briefly explain to the committee why you would like to continue to serve on the Consumer Affairs Commission.
A. Well, first of all, I've served since 1979, and I have taken this position very seriously and not the once per month position, I should say. I have used it to -- community-wise to educate persons who are not aware of the Department of Consumer Affairs and what the agency does and stands for.

And I have stayed there long enough to where I have developed some seniority. I presently serve as vice chairman of the commission. As I said, I've been there since '79, this May is -- makes 15 years, and I feel that I add some maturity and stability to the agency and to the commission.

We do have a large number of what I consider to be relatively young -- new people serving on the commission. Lehman Moseley from Greenville is the chairman and I think he has one or two years more in seniority than I do. But if I had to put any one thing on it, is that the persons that I've been able to reach since serving who have not used that agency and were not aware of what the Department of Consumer Affairs does, and as I've said, I've taken my service very seriously.

In the 15 years that I have served, I have missed one and a half meetings 15 years, just to show what I consider to be some interest or great interest that I have in the agency.
MR. JOHNSON: That's all I have, Mr. Chairman.
THE CHAIRMAN: Members of the committee? Representative Bailey.
EXAMINATION BY REPRESENTATIVE BAILEY:
Q. The -- and this is in no way a derogatory remark, but the man who just left out of here had eight kids. I see you don't have any kids.
A. I have no children.
Q. You lucky thing.
A. I have -- I love children. I do have 17 godchildren I feel very close to, but I have none of my own.
REPRESENTATIVE BAILEY: I told you there were other people our age who didn't have no kids.
REPRESENTATIVE MCLEOD: He's my age, not our age.
REPRESENTATIVE BAILEY: Mr. Chairman, I really -- I don't have any questions. I'm very familiar with Mr. Randolph.
THE CHAIRMAN: Any other members of the committee have any questions?
EXAMINATION BY THE CHAIRMAN:
Q. Mr. Randolph, let me just ask you, since you have been serving on the commission for so long, how do you feel the commission is working now, how effective do you think that it is?
A. The commission is doing a great job now. We did have a problem some years ago with attendance. We altered the time. We held meetings when I first came on it back in 1979 at 10:30 in the morning and a large number of the commission members said that that destroyed their day, so we changed the meetings to 3:00 o'clock in the afternoon. And we still don't have perfect attendance at every meeting, but we do have a much better attendance rate now than what we've had in the past and I think they're doing a super job in overseeing the agency and it helps to have someone -- to have had someone like Steve Hamm running the agency because he did a splendid job during his stay.
Q. So you're saying the agency itself is working well also? You think it's doing its job?
A. The agency -- the commission accentuates the agency. They help each other and I think having a strong commission makes the agency strong also.
Q. Any concerns that you have, any problems that you see with the agency or the commission in any way as it relates that the legislature can improve the way that it operates, the way that it handles the public problems?
A. Well, the only concern I've always had, I think most state employees, contrary to what you may hear or see in the paper, are great and good employees.

The only concern I have particularly with the commission as this is, that does not pay, is to put people there who are really interested in doing what they are supposed to be doing and not there just to what I call balloon their resumes or make their resumes look good.

If you're there to serve the public, then you should have public servants there. And I think whatever it takes -- I don't know the answer, but whatever it takes to get people who are really interested in doing what they're asked to do on those commissions, I think would go a long way.
THE CHAIRMAN: Representative Whipper.
EXAMINATION BY REPRESENTATIVE WHIPPER:
Q. Do you have regularly scheduled meetings?
A. Yes, ma'am. We meet every --
Q. How often do you meet?
A. Every second Tuesday. And that's why I stressed -- I don't want to sound like I'm bragging, but that's why I stress -- I don't know whether you were here, that in the 15 years that I've served, I've missed one and a half meetings.
Q. That's excellent.
A. The half meeting that I missed I had the flu and we had a very serious issue and I left my bed to go vote and went back home and got in my bed, so I credited myself with half a meeting, but we meet every second Tuesday at 3:00 o'clock at the McCrory Sumwalt Building over on Devine Street.
Q. Well, I'm sure we're most appreciative of your service --
A. Well, I appreciate the opportunity to serve. I have enjoyed it. And it has been an experience for me both from a service standpoint of view as well as a learning standpoint point of view. I've learned a lot.
THE CHAIRMAN: Any other questions from the committee? If not, Mr. Randolph, we appreciate you coming. If you would wait around in case we do have some other questions.
Q. Okay. Thank you very much.
THE CHAIRMAN: Thank you, sir. Mr. Timms, how are you doing?
MR. TIMMS: Fine, sir.
THE CHAIRMAN: Have a seat and make yourself comfortable.
MR. TIMMS: Thank you.
THE CHAIRMAN: Mr. Timms, we appreciate you being here. This will be fairly brief. We do need to ask you some questions, so that we can have some basis to make our decision and what we're going to do is put you under oath to begin with and our staff attorney, Mr. Johnson, here, will ask you some basic questions.

Once he is finished, members of the committee may have some questions for you also and we'd certainly give you the opportunity to say anything that you want to say about why you want to serve and what you believe in your experience and background is that qualifies you. So at this time, I'll recognize Mr. Johnson.
MR. JOHNSON: Thank you, Mr. Chairman.
JOSEPH E. TIMMS, JR., having been duly sworn, testified as follows:
MR. TIMMS - EXAMINATION BY MR. JOHNSON:
Q. Mr. Timms, the -- in compiling the information from the questionnaires that you filled out for this position, Ms. Carleen McQueeney sent you a summary of all that information for you to review and then make any changes and sent back --
A. Uh-huh.
Q. -- to this office.
A. Yes.
Q. Do you affirm that the information in that summary is correct and would you agree to entering that summary into the record here today?
A. Yes.

1. Joe E. Timms, Jr.
Home Address: Business Address:
116 Windmeadow Dr. 3027 Highway 701 N,
Conway, SC 29526 Conway, SC 29526

2. He was born in Conway, SC on November 1, 1954. He is presently 39 years old. Social Security Number: ***-**-****.
5. He was married on July 2, 1977 to Mary Deborah Hayes. They have one child, Joseph Timms, III who is 9 years old.

7. He went to Conway High School and received a B.S. degree from the University of South Carolina in 1976.

9. He has been or is a member of: Waccamaw Sentoma Club; Former President Monument Builders of Carolinas; Choir Director - Jamestown Baptist Church.

10. His professional experience includes:
1977 - Greenville Schools
1977-1979 - Kingport City Schools
1979-1984 - Tri City Bank and Trust Co. - Loan Officer
1984 - Present Coastal Monument Company.

21. Five (5) letters of recommendation: Jerry Jeneratte, David Nye, Douglas Newton, Jennings Duncan, Lois Eargle.

Q. Thank you, sir. Your SLED records check is negative. Your driving records check is negative. Your Personal Data Questionnaire indicates negative responses on Items 11 through 20, except that you've listed under Number 13, I believe, you have -- you're a co-owner Coastal Monument Company?
A. That's correct.
Q. And then under Item 17 regarding court actions, you listed a court -- a Magistrate's court case concerning Coastal Monument Company and I believe you listed also that the Magistrate found in favor of the company; is that correct?
A. That's correct.
Q. Your State Ethics Commission statement of Economic Interest indicates negative on Items 13 through 20. And now I'll just have a few questions to ask you that are basically similar to the questions that you've already answered in the two questionnaires that you filled out.

Mr. Timms, do you or any member of your family own or operate business which contracts with the state or federal government?
A. No.
Q. Do you or any member of your family own or operate any business which receives funds from the Consumer Affairs commission?
A. No.
Q. Have you ever been arrested, charged or held by the federal, state or other law enforcement authorities for the violation of state, federal or local law?
A. No.
Q. Have you, to your knowledge, ever been under federal, state or local investigation for possible violation of a criminal statute?
A. No.
Q. Have you ever been disciplined or cited for breach of ethics or unprofessional conduct by any court, agency, association or professional group?
A. Not to my knowledge.
Q. Are you now or have you ever been employed as a lobbyist or acted in the capacity as a lobbyist principal?
A. No. May I ask a question first?
Q. Yes, sir.
A. Define lobbyist principal.
Q. You pay for a lobbyist to lobby interests that you may have.
A. I did pay a lobbyist to -- several years ago in a cemetery bill as part of my association that I was a member of, Monument Builders of the Carolinas. We did pay a lobbyist to keep up with the cemetery law.
Q. All right, sir.
A. My company did pay, partially pay, along with several other companies in our association.
Q. Are there any reasons that you can think of why you may have difficulty performing the duties of this elected position?
A. No.
Q. Now, if you'd like to, you may briefly explain why you want to serve on the Consumer Affairs Commission to the committee.
A. Well, I believe that I would be a good candidate for this -- for this commission. I have a wide background. I own my own business. I deal with the public every day. I'm in the monument business on a full-time basis, a family business. Been in business for 46 years. My father started this company and I've continued on.

I also have been -- worked at a bank for five years and dealt with the public for quite a few years. I was also a teacher and dealt with education and -- and parents and so I've had a wide variety and I think it would be -- that I would be a good candidate for this position.
THE CHAIRMAN: Okay, members of the committee, questions?
EXAMINATION BY REPRESENTATIVE WHIPPER:
Q. This has absolutely nothing to do with your application. George, I will follow in your footstep. I notice you're a choir director?
A. That's correct.
Q. Is your degree in Music?
A. That's correct. I have a degree in Music from South Carolina. That's correct.
Q. That's a side interest of mine, so I just wanted to ask you about that.
A. Thank you. I have -- I've been doing that for nine and a half years and I taught public school music in Tennessee and in Greenville County. Unfortunately, teaching wasn't for me as a lot of people have gotten out of it after a short time, but I kept my music up by directing my church choir and I enjoy that.

And that's one of the reasons that -- that I decided to put my application in, a lot of the choir members and members of my church, too, that are consumers have expressed problems in things that they've had and they read it in the paper and asked me, you know, why don't I put in an application and I said okay.
THE CHAIRMAN: Any other questions by the committee? Representative Bailey.
EXAMINATION BY REPRESENTATIVE BAILEY:
Q. Who is your House member over there in Conway?
A. Morgan Martin.
Q. Morgan. Who is your senator?
A. Elliott, I believe. I believe that's right.
Q. That boy jumps all the way over there to Conway?
A. Yeah, I'm right there -- I'm right there at the line. That's what it was when I went to vote anyway. So who knows what it's going to be later on this year, right?
Q. Right. We don't.
REPRESENTATIVE WHIPPER: You can say that again.
REPRESENTATIVE BAILEY: That's all, Mr. Chairman.
THE CHAIRMAN: Senator from Spartanburg.
EXAMINATION BY SENATOR REESE:
Q. The bill y'all were lobbying for a few years ago, what was that? Do you remember?
A. That was a cemetery bill.
Q. About what in particular?
A. Dealing with perpetual care cemeteries, which I believe was vetoed by the governor after it got passed. Is that correct?
REPRESENTATIVE BAILEY: You're right.
REPRESENTATIVE MCLEOD: But you were lobbying for it?
A. Yes, sir. For parts of it, yes, sir.
THE CHAIRMAN: Any other questions?
EXAMINATION BY THE CHAIRMAN:
Q. Mr. Timms, you may have approached this a little bit, but what do you see is your role as a member of the Consumer Affairs Commission?
A. Say that again.
Q. What do you see your role being as a member of the Consumer Affairs Commission? If you're successful in this, what purpose do you serve there?
A. I believe that would be in -- as a advisory capacity and also in helping make some of the decisions to help the consumers of this state, to advise some of the staff on procedures and how they should go about.

That's not necessarily to say that I would have all the answers, I know that I certainly wouldn't. That would be from a wide variety of backgrounds and different people that they would get the answers from, but I think that that would be primarily my role, as an advisory capacity.
Q. What do you see as being the function of the Consumer Affairs Commission or the agency, what does it do for the public?
A. Well, from the best of my knowledge, I believe they -- they are responsible for hiring the Consumer Advocate and some of the administrators. Also, they make some of the final decisions on -- on how the department is run and other items like that.
Q. The agency, itself, though, what does it do for the public?
A. The agency is a watchdog agency which protects the public of South Carolina and investigates where consumers have problems with companies and if they're being taken advantage of and so forth like that.
THE CHAIRMAN: Any other questions? Okay. Thank you, Mr. Timms. We're going to meet in Executive Session for a few minutes. And if you would wait around, we may need to ask you some other questions to clarify some issue or something.
A. Thank you, sir.
THE CHAIRMAN: Thank you very much.

(Executive Session)

THE CHAIRMAN: Okay, we're out of Executive Session at this time. We would like to tell each of you that we have been very impressed overall with the qualifications and we have not had a chance to review the credit report. We've just received those and we don't anticipate any problems with those, but we just have not had the opportunity to see it, so we'll leave the record open.

Representative Bailey has made a motion that everyone be found qualified with the record being open right now until we do have a chance to look those over. If we did see a problem, we'd ask you confidentially to come back and review those with us if there were questions about it.

We want to -- and I guess we need to make that formally a motion. All in favor of that, then would be aye. Any opposed, no. The ayes have it.

In the meantime what we're going to try to do is get this out as quickly as we can. The court reporter has to type all this testimony up from today and that's going to take some time. Once we received that, then the report has to be done.

I'm sure that you know that you cannot solicit any votes or ask anyone to solicit votes for you until the report is filed and we will make every effort to get that out as soon as we can. And let everybody know at exactly the same time, so there would be no unfair advantage and so forth and try to give you about two weeks before the election which I think is on the 25th.

Anybody have any questions?
MR. LEWIS: I wanted to find out who my representative is.
REPRESENTATIVE BAILEY: I'm going to call and let you know.
THE CHAIRMAN: I was very dismayed to know that most of you knew who your House member was, but a few of you knew who the senator was, and even those that thought they did told us senators that no longer serve in the Senate as their senators, so I --
MR. LEWIS: I thought I was the only one then.
THE CHAIRMAN: That's it. We appreciate your time and forbearance and you've been very cooperative and we'll get this out and let you know just as soon as we can next week and you can hit the road running and try to get your support. Thank you very much.
REPRESENTATIVE BAILEY: Mr. Chairman, I make a motion to be adjourned.
THE CHAIRMAN: So moved.
(There being nothing further, the proceedings concluded at 4:30 p.m.)

Summary

The following persons were unanimously found qualified:
First vacancy with term to expire in 1997

Doris M. Bradberry

Robin Lewis Kinard

Robert Joe Leopord

John E. Lewis

Ronald G. Skipper
Second vacancy with term to expire in 1996

David L. Churchill

James Lee Edwards

Ned D. Johnson

Lonnie Randolph, Jr.

Joseph E. Timms, Jr.

Respectfully submitted,
/s/C. Tyrone Courtney, Chairman
/s/Senator Robert W. Hayes, Jr.
/s/Senator Glenn G. Reese
/s/Senator Dick Elliott
/s/Rep. Lucille Whipper
/s/Rep. E.B. McLeod
/s/Rep. George Bailey
/s/Rep. Harry Cato

On motion of Senator COURTNEY, with unanimous consent, ordered printed in the Journal.

Senators MARTIN and RYBERG introduced Dr. Stephen Grant of Aiken, S.C., Doctor of the Day.

At 9:45 A.M., Senator GIESE requested a leave of absence until 10:45 A.M.

Columbia, S.C., May 10, 1994

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4878 -- Reps. Harrell, Law, A. Young, Wofford, Thomas, Graham, Clyborne, J. Brown, Cobb-Hunter, Wilkins and Fulmer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-15-387 SO AS TO MAKE IT UNLAWFUL TO EMPLOY A PERSON UNDER THE AGE OF EIGHTEEN YEARS TO APPEAR IN A STATE OF SEXUALLY EXPLICIT NUDITY IN A PUBLIC PLACE, AND TO PROVIDE PENALTIES.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

The following were introduced:

H. 5138 -- Rep. Fair: A CONCURRENT RESOLUTION TO AUTHORIZE THE YMCA YOUTH IN GOVERNMENT MIDDLE SCHOOL PROGRAM TO USE THE HOUSE AND SENATE CHAMBERS IN THE STATE HOUSE AND THE COMMITTEE HEARING ROOMS IN THE BLATT AND GRESSETTE OFFICE BUILDINGS ON FRIDAY, MARCH 17, 1995, SO AS TO CONDUCT A YOUTH IN GOVERNMENT MIDDLE SCHOOL PROGRAM, PROVIDE FOR THE USE OF TEMPORARY HOUSE AND SENATE CHAMBERS, AND PROVIDE FOR ASSISTANCE BY HOUSE, SENATE, AND STATE HOUSE SECURITY.

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

That the YMCA Youth in Government middle school program is authorized to use the House and Senate chambers in the State House and the committee hearing rooms in the Blatt and Gressette office buildings on Friday, March 17, 1995, from 8:30 A.M. until 5:30 P.M. on that day, to conduct a Youth in Government middle school program, if the House of Representatives and the Senate are not in statewide session on that day. If the State House is closed for renovations on that day, then the Youth in Government middle school program is authorized to use the temporary House and Senate chambers which are intended to be used for the 1995 session of the General Assembly in lieu of the House and Senate chambers in the State House, if such temporary chambers can be obtained and are appropriately arranged for use at such time.

Be it further resolved that House, Senate, and State House security provide assistance and access as necessary for this meeting in accordance with applicable procedures and rules.

Referred to the Committee on Invitations.

H. 5139 -- Rep. Fair: A CONCURRENT RESOLUTION TO AUTHORIZE THE YMCA YOUTH IN GOVERNMENT HIGH SCHOOL PROGRAM TO USE THE HOUSE AND SENATE CHAMBERS IN THE STATE HOUSE AND THE COMMITTEE HEARING ROOMS IN THE BLATT AND GRESSETTE OFFICE BUILDINGS ON THURSDAY, DECEMBER 1, 1994, AND FRIDAY, DECEMBER 2, 1994, SO AS TO CONDUCT A YOUTH IN GOVERNMENT HIGH SCHOOL PROGRAM, PROVIDE FOR THE USE OF TEMPORARY HOUSE AND SENATE CHAMBERS, AND PROVIDE FOR ASSISTANCE BY HOUSE, SENATE, AND STATE HOUSE SECURITY.

Whereas, the YMCA Youth in Government high school program of South Carolina is designed to provide first-hand experience in the state legislature and governmental matters for high school students; and

Whereas, students participating in the program will run for statewide office, pass legislation, and organize their own government; and

Whereas, the purpose of the YMCA's Youth in Government high school program is to encourage the state's high school students to develop enthusiasm and appreciation for governmental and community matters. Now, therefore,

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

That the YMCA Youth in Government high school program is authorized to use the House and Senate chambers in the State House and the committee hearing rooms in the Blatt and Gressette office buildings on Thursday, December 1, 1994, and Friday, December 2, 1994, from 8:30 A.M. until 5:30 P.M. on both days, to conduct a Youth in Government high school program, if the House of Representatives and the Senate are not in statewide session on those days. If the State House is closed for renovations on those days, then the Youth in Government high school program is authorized to use the temporary House and Senate chambers which are intended to be used for the 1995 session of the General Assembly in lieu of the House and Senate chambers in the State House, if such temporary chambers can be obtained and are appropriately arranged for use at such time.

Be it further resolved that House, Senate, and State House security provide assistance and access as necessary for this meeting in accordance with applicable procedures and rules.

Referred to the Committee on Invitations.

H. 4093 -- Reps. Harwell, G. Bailey, Sharpe, Kinon, Spearman and Jennings: A BILL TO AMEND SECTION 22-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAGISTRATES' CIVIL JURISDICTION IN CERTAIN CASES, SO AS TO INCREASE THIS JURISDICTION FROM TWO THOUSAND FIVE HUNDRED DOLLARS TO FIVE THOUSAND DOLLARS.

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

H. 4346 -- Rep. Neilson: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO AUTHORIZE THE COURT TO ORDER JOINT CUSTODY.

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

H. 4767 -- Reps. Neilson, Rogers, Whipper, Hallman, Gonzales, Sturkie, Quinn, Littlejohn, Govan, McKay, Hines, McCraw, Fulmer, Cobb-Hunter, J. Bailey, G. Bailey, Walker, J. Harris, Beatty, Phillips, Vaughn, Davenport, Rudnick, Richardson, Canty, D. Wilder, Stille, Spearman, Thomas, Breeland, Scott, Moody-Lawrence, Inabinett, Riser, Waites, Koon, Harrison and Corning: A BILL TO AMEND SECTION 20-7-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RIGHTS AND DUTIES OF PARENTS IN REGARD TO THEIR MINOR CHILDREN, SO AS TO PROVIDE THAT PARENTS HAVE EQUAL ACCESS TO EDUCATIONAL AND MEDICAL RECORDS OF THEIR MINOR CHILDREN.

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

Senator CORK from the Committee on Medical Affairs submitted a favorable with amendment report on:

H. 3267 -- Reps. Corning, Cato, Sturkie, Haskins, Fulmer, Quinn, Wells, Klauber, Robinson, A. Young, Cooper, Davenport, R. Smith, Fair, Meacham, Simrill, Walker, Moody-Lawrence, Delleney, Felder, Littlejohn, H. Brown, Baker, Worley, Gonzales, Stone, Harwell, Marchbanks, Sharpe, Wofford, Allison, Chamblee, Vaughn, Clyborne, Huff, Wright, Koon, Lanford, R. Young, Wilkins, Graham and Jaskwhich: A BILL TO DESIGNATE SECTIONS 44-41-10 THROUGH 44-41-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS ARTICLE 1 OF CHAPTER 41, TITLE 44, AND TO ENTITLE THE ARTICLE "ABORTIONS GENERALLY"; TO AMEND CHAPTER 41, TITLE 44, RELATING TO ABORTIONS, BY ADDING ARTICLE 3 SO AS TO ENACT THE "WOMAN'S RIGHT TO KNOW ACT", INCLUDING PROVISIONS FOR PENALTIES; TO PROVIDE THAT THE PRINTED MATERIALS REQUIRED TO BE PUBLISHED PURSUANT TO SECTION 44-41-340, AS ADDED BY THIS ACT, MUST BE PUBLISHED ON OR BEFORE THE EFFECTIVE DATE OF ARTICLE 3, CHAPTER 41, TITLE 44, AS ADDED BY THIS ACT; AND TO PROVIDE FOR THE SEVERABILITY OF THE PROVISIONS, WORDS, PHRASES, AND CLAUSES OF THIS ACT.

Ordered for consideration tomorrow.

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 House returned the Bill with amendments.

Senator LEVENTIS explained the amendment.

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

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

The following Joint Resolution was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:

H. 5039 -- Reps. Snow, Harvin and Kennedy: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO EXPEND UP TO THREE HUNDRED THIRTY-SIX THOUSAND FIVE HUNDRED DOLLARS OF THE FUNDS MADE AVAILABLE TO THE STATE UNDER SECTION 903 OF THE SOCIAL SECURITY ACT, AS AMENDED, FOR THE PURPOSE OF ERECTING A BUILDING FOR USE BY THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION IN WILLIAMSBURG COUNTY.

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

Senator LEATHERMAN objected to consideration of any Bills or Resolutions on the statewide uncontested Calendar.

On motion of Senator WILLIAMS, at 9:30 A.M., Senator SALEEBY was granted a leave of absence until 11:30 A.M.

THE SENATE PROCEEDED TO A CONSIDERATION OF H. 4820, THE GENERAL APPROPRIATION BILL.

The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 25A (PT\1244DW.94)) previously proposed by Senators WILSON, DRUMMOND and WILLIAMS.

On motion of Senator LAND, Amendment No. 25A was carried over.

Senators J. VERNE SMITH and SETZLER proposed the following Amendment No. 28 (GJK\20914SD.94), which was adopted:

Amend the bill, as and if amended, Part II, by adding a new section to be appropriately numbered to read:

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9, CHAPTER 111, TITLE 59, SO AS TO CREATE THE ENVIRONMENTAL SCHOLARS ENDOWMENT FUND FOR THE PURPOSE OF ESTABLISHING ENVIRONMENTAL SCHOLARS ENDOWMENTS AT QUALIFYING INSTITUTIONS TO AWARD SCHOLARSHIPS OR FELLOWSHIPS TO STUDENTS PURSUING CERTAIN DEGREES IN ENVIRONMENTAL STUDIES OR ENVIRONMENTAL SCIENCES; TO PROVIDE FOR THE FINANCING OF THE FUND AND REQUIREMENTS FOR THE ESTABLISHMENT OF ENDOWMENTS BY THE QUALIFYING INSTITUTIONS.

(A) Title 59, Chapter 111 of the 1976 Code is amended by adding:

Section 59-111-710. For purposes of this article, `qualifying institution' or `institution' means a state-supported post-secondary educational institution offering a master or doctoral degree program in environmental studies or environmental sciences on July 1, 1994.

Section 59-111-720. (A) There is created the Environmental Scholars Endowment Fund, known as `the fund', which must be separate and distinct from the general fund of the State. The fund must be financed through the collection and deposit of fines and penalty assessments levied by the South Carolina Department of Health and Environmental Control pursuant to the State Safe Drinking Water Act, Sections 44-55-10, et seq., the South Carolina Hazardous Waste Management Act, Sections 44-56-10, et seq., low-level radioactive waste fines pursuant to Sections 48-48-10, et seq., and the South Carolina Pollution Control Act, Sections 48-1-10, et seq. However, the portion of the Pollution Control Act fines distributed to the counties pursuant to Section 48-1-350 must not be placed into the fund.

(B) The collection and deposit of fines and penalties to the fund pursuant to this section shall continue until such time as the fund reaches four hundred thousand dollars at which time all subsequent fines and penalties must be deposited in the general fund.

Section 59-111-730. (A) After the fund has reached four hundred thousand dollars, each qualifying institution may request the transfer of one hundred thousand dollars for the sole purpose of being held and administered by the institution as the corpus of a perpetual endowment fund known as the `Environmental Scholars Endowment'. Only an annual amount no greater than the annual interest income earned from the corpus of the endowment is to be expended for the award of scholarships or fellowships to students pursuing graduate level degrees in environmental studies or environmental sciences. The corpus of the fund must not be invaded by the institution.

(B) A qualifying institution that establishes an Environmental Scholars Endowment must agree to raise one hundred thousand dollars in private match funds before July 1, 1999. If an institution fails to raise the one hundred thousand dollars in private match funds before July 1, 1999, the corpus of the endowment reverts to the fund.

Section 59-111-740. The criteria, selection process, and amount of awards for scholarships or fellowships from an Environmental Scholars Endowment must be established by each qualifying institution. However, a recipient of a scholarship or fellowship must be currently enrolled or accepted for enrollment in a master or doctoral degree program in environmental studies or environmental sciences. Each institution also must establish application procedures that ensure equitable minority participation in the selection process. Preference must be given to those applicants who are residents of South Carolina. A recipient of a scholarship or a fellowship must complete a year-long internship in South Carolina arranged by or with the approval of the institution prior to the award of their degree.

Section 59-111-750. After the fund has reached four hundred thousand dollars, the State Board for Comprehensive and Technical Education, known as `the board', also may request the transfer of one hundred thousand dollars from the fund to the board to establish and administer an Environmental Scholars Endowment for the award of scholarships to eligible students currently enrolled or accepted for enrollment in a technical education degree program in environmental studies or environmental sciences. This article applies to the board in its administration of the endowment except that private match funds are not required. The board shall establish written guidelines for the application, review, and selection process which must be furnished to eligible students through the technical education colleges.

Section 59-111-760. Each qualifying institution and the board annually shall prepare an independent accounting of all of the funds in its Environmental Scholars Endowment, including a statement of the value of the corpus of the fund, the income derived from the corpus, and the specific uses to which the income has been applied. The reports must be kept on file at the institution and at the board and must be available for inspection upon request.

Section 59-111-770. Any funds remaining in the fund July 1, 1999, or any funds which have reverted to the fund pursuant to Section 59-111-730(B), shall be distributed equally among the board if it has established an endowment and each qualifying institution that has established an endowment and raised the required match funds. Funds distributed pursuant to this section must be used only for the purpose of increasing the corpus of the endowment. Upon final disbursement of all funds in accordance with this section, the fund shall be dissolved."

(B) This act takes effect on July 1, 1994./

Amend sections, totals and title to conform.

Senator J. VERNE SMITH moved that the amendment be adopted.

The amendment was adopted.

Senator REESE proposed the following Amendment No. 42 (JIC\6028HTC.94), which was tabled:

Amend the bill, as and if amended, Part II, by adding a new section to read:

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.

In the case of a group of corporations primarily engaged in the engineering and construction and related businesses that filed a consolidated South Carolina corporate income return for its taxable year ending in 1991, credits earned by any group member pursuant to Section 12-7-1245 of the 1976 Code for the tax year ending in 1991, including the carryover to that year of unused credits from prior years, may be utilized against the tax liability under Sections 12-7-230 and 12-19-70 of the 1976 Code of any member of the group of corporations for the taxable year ending in 1991 or for any subsequent taxable year during the carryforward period pursuant to Section 12-7-1245. For this purpose, the "group of corporations" includes any group member that may be added in subsequently filed consolidated corporate returns during the carryforward period./

Amend sections, totals and title to conform.

Senator REESE argued in favor of the adoption of the amendment and Senator LAND argued contra.

Senator DRUMMOND spoke on the amendment.

Senator DRUMMOND moved to lay the amendment on the table.

The amendment was laid on the table.

Senators MARTIN and THOMAS proposed the following Amendment No. 49 (N05\7882SD.94), which was adopted:

Amend the bill, as and if amended, Part II, by adding a new section to read:

TO PROVIDE THAT THE SOUTH CAROLINA DEPARTMENT OF CORRECTIONS MUST PROVIDE INMATE LABOR TO ANY COUNTY OR MUNICIPAL GOVERNMENT THAT DESIRES TO CONTRACT WITH THE DEPARTMENT FOR INMATE LABOR WITHIN THE PROVISIONS OF TITLE 24, CHAPTER 7 OF THE 1976 CODE.

Notwithstanding any other provision of law, the South Carolina Department of Corrections must provide inmate labor to any county or municipal government that desires to contract with the department for inmate labor within the provisions of Title 24, Chapter 7 of the 1976 Code./

Amend sections, totals and title to conform.

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

The amendment was adopted.

Senator ROSE proposed the following previously carried over Amendment No. 55 (4820R018.MTR), which was tabled:

Amend the bill, as and if amended, Part II, page 706, right column, line 30, by adding a new section to read:

TO AMEND CHAPTER 9, TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY GOVERNMENT, SO AS TO ADD ARTICLE 15 WHICH ESTABLISHES A PROCEDURE WHEREBY UNPAID GOVERNMENTAL SERVICE FEES OR CHARGES MAY BECOME LIENS ON THE REAL PROPERTY SERVICED, INFERIOR ONLY TO AD VALOREM PROPERTY TAX LIENS.

A. Chapter 9, Title 4 of the 1976 Code is amended by adding:

Section 4-9-1300. (A) The term `governmental service fee or charge' shall mean any fee or charge imposed by any governing body of a county for services rendered with respect to a governmental service.

(B) The term `governmental service' shall mean any service or facility provided by a county for which a service fee or charge is imposed by the governing body of a county, including, but not limited to, drainage facilities, water treatment and distribution, sewage collection and treatment, police protection, fire protection or solid waste collection, disposal, or recycling.

Section 4-9-1310. (A) If the notice or notices prescribed by Section 4-9-1320 hereof shall have been given and any hearing requested pursuant thereto shall have been held, all service fees or charges, imposed by a county for governmental services and not paid when due and payable, shall be and constitute a lien upon the real estate to which the governmental service relates so long as the governmental service fees or charges remain unpaid.

(B) In addition to such other rights and remedies as may be available to a county in law or in equity for the collection of the governmental service fees or charges, the lien may be enforced by a county in the same manner and fashion as the lien of property taxes on real estate. The lien herein provided shall be superior to all other liens except liens for unpaid property taxes.

(C) The method provided in this article for the enforcement of the collection of past due governmental service fees or charges shall not be the exclusive method of enforcing such collections and a county is fully empowered to enforce the collection of any such governmental fees or charges in any other lawful manner.

Section 4-9-1320. (A) The county governing body shall determine on an annual basis the governmental service fees and charges which will, in accordance with Section 4-9-1310, constitute liens for that fiscal year.

(B) Prior to providing governmental services for which the prescribed governmental service fee or charge shall, pursuant to Section 4-9-1310, become a lien on the property affected, not less than ten days' written notice shall be given to each affected property owner notifying such property owner of the nature and amount of the governmental service fee or charge and providing such property owner an opportunity, if desired and requested, to appear and be heard in person or by counsel before such persons designated by the county governing body.

(C) Following such hearing, if such be requested and held, action shall be taken by the county and notice of its decision shall be given to the property owner concerned not less than ten days prior to the effective date of the governmental service fee or charge.

(D) Any property owner aggrieved by the action of the county may, under the provisions of Chapter 7, Title 18, appeal to the court of common pleas for the county in which the property affected lies to have such court review the action taken by the county, at which time the court will determine the validity and reasonableness of the governmental service fee or charge so made.

(E) The county governing body shall provide for reasonable notice of and a meaningful opportunity to be heard regarding any subsequent increase in governmental service fees or charges.

(F) Governmental service fees or charges not intended to become liens in the case of nonpayment can be imposed and subsequently increased upon any user in the county without such notice and hearing.

Section 4-9-1330. The county council of any county may request the county treasurer to include on each tax notice the amount of any fees or charges imposed by the county for governmental services and provide for the collection thereof in the manner prescribed by law.

Section 4-9-1340. The powers granted herein are intended to be supplementary to any powers now existing."

Amend sections, totals and title to conform.

Senator BRYAN raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.

Senators ROSE, McCONNELL and LEATHERMAN spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

Senator ROSE argued in favor of the adoption of the amendment and Senator WILLIAMS argued contra.

Senator WILLIAMS moved to lay the amendment on the table.

The amendment was laid on the table.

At 10:25 A.M., Senator MARTIN assumed the Chair.

Senator REESE proposed the following Amendment No. 69B (JUD4820.013), which was ruled out of order:

Amend the bill, as and if amended, Part II, page 706, right column, line 32, by adding a new section to read:

TO AMEND SECTION 22-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF MAGISTRATES AND THEIR TERMS, LOCATIONS, AND Senator REPRESENTING THE COUNTY FROM WHICH A MAGISTRATE IS APPOINTED, RATHER THAN THE COUNTY GOVERNING BODY, SHALL DETERMINE THE NUMBER FULL-TIME AND PART-TIME MAGISTRATES TO BE APPOINTED IN THE COUNTY, THE NUMBER OF HOURS REQUIRED FOR EACH POSITION, AND THE AREA OF THE COUNTY TO WHICH EACH POSITION SHALL BE ASSIGNED AND THAT IF CERTAIN INFORMATION IS NOT PROVIDED TO THE SENATORS, THE FUNDS GENERATED BY THE MAGISTRATE'S COURTS WHICH ARE PAYABLE TO THE COUNTY SHALL BE PAID TO THE STATE GENERAL FUND FOR THE FOUR-YEAR PERIOD; AND TO AMEND SECTION 22-8-40, RELATING TO FULL-TIME AND PART-TIME MAGISTRATES, SO AS TO DELETE A PROVISION THAT THE COUNTY GOVERNING BODY SHALL DESIGNATE MAGISTRATES AS FULL-TIME OR PART-TIME.

A. Section 22-1-10(A) of the 1976 Code, as last amended by Act 136 of 1991, is further amended to read:

"(A) The Governor, by and with the advice and consent of the Senate, may appoint magistrates in each county of the State for a term of four years and until their successors are appointed and qualified.

Magistrates serving the counties of Abbeville, Allendale, Bamberg, Beaufort, Calhoun, Cherokee, Chesterfield, Clarendon, Colleton, Dillon, Edgefield, Florence, Greenville, Hampton, Jasper, Lancaster, Lee, Marion, McCormick, Oconee, Pickens, Saluda, Sumter, and Williamsburg shall serve terms of four years commencing May 1, 1990. Magistrates serving the counties of Aiken, Anderson, Barnwell, Berkeley, Charleston, Chester, Darlington, Dorchester, Fairfield, Georgetown, Greenwood, Horry, Kershaw, Laurens, Lexington, Marlboro, Newberry, Orangeburg, Richland, Spartanburg, Union, and York shall serve terms of four years commencing May 1, 1991.

At least ninety days before the date of the commencement of the terms provided in the preceding paragraph and every four years thereafter, each county governing body must inform, in writing, the Senators representing that county of the maximum number of full-time and part-time magistrate positions available in the county as determined by the provisions of Section 22-8-40, the current number of full-time and part-time magistrate positions in the county, and the current compensation, work hours, and area assigned required by to each position, the compensation for each position, and the area of the county to which each position is assigned. The Senators representing the county shall then determine the number of full-time and part-time magistrate positions to be appointed in the county, the number of hours required for each position, and the area of the county to which each position shall be assigned. If the county governing body fails to inform, in writing, the Senators representing that county of the information as required in this section, then the compensation, hours, and location of the full-time and part-time magistrate positions available in the county remain as designated for the previous four years and the funds generated by the magistrate's court which are payable to the county shall be paid to the state general fund for the four-year period.

Each magistrate's number of work hours, compensation, and work location must remain the same throughout the term of office, except for a change (1) specifically allowed by statute Sections 22-2-40 or 22-8-40 or (2) authorized by the county governing body at least four years after the magistrate's most recent appointment and after a material change in conditions has occurred which warrants the change. Nothing provided in this section prohibits the raising of compensation or hours and compensation during a term of office. No magistrate may be paid for work not performed except for bona fide illness or as otherwise provided by law.

The number of magistrates to be appointed for each county and their territorial jurisdiction are as prescribed by law before March 2, 1897, for trial justices in the respective counties of the State, except as otherwise provided in this section."

B. Section 22-8-40(A) of the 1976 Code is amended to read:

"(A) The county governing body of each county shall designate magistrates serving within the county as either full time or part time. A county is not required to have a full-time magistrate and may have only part-time magistrates."

C. This section takes effect upon approval by the Governor./

Amend sections, totals and title to conform.

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

Senator LEATHERMAN raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.

Senator REESE spoke on the Point of Order.

The ACTING PRESIDENT sustained the Point of Order.

Senator PEELER proposed the following Amendment No. 110A (N05\7893BDW.94), which was adopted:

Amend the bill, as and if amended, Part II, by adding a new section to read:

TO AMEND SECTION 56-3-1290 OF THE 1976 CODE, RELATING TO THE TRANSFER OF LICENSE PLATES, SO AS TO PROVIDE CONDITIONS UNDER WHICH TRANSFERS ARE MADE AND FOR THE DEPOSIT OF RELATED FEES.

A. Section 56-3-1290 of the 1976 Code is amended to read:

"Section 56-3-1290. (A) The department shall, upon application being made therefor and the payment of a fee of three dollars, shall transfer the license plate previously issued to:

(1) an owner for one vehicle to another vehicle of the same general type owned by the same person;

(2) a lessor for one vehicle to another vehicle owned by the person who leased the vehicle before ownership;

(3) a lessor for one vehicle to another vehicle leased by the same person who leased the first vehicle before leasing the second vehicle; or

(4) an owner for one vehicle to another vehicle leased by the same person.

(B) However, the new vehicle to which the license plate is transferred pursuant to subsection (A) must be of the same general type as the vehicle from which it is transferred.

(C) Fees paid pursuant to this section must be deposited in the State general fund."

B. This section takes effect July 1, 1994./

Amend sections, totals and title to conform.

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

The amendment was adopted.

Senator ROSE proposed the following Amendment No. 112 (PT\30234DW.94), which was ruled out of order:

Amend the bill, as and if amended, Part II, by adding a new section, to be appropriately numbered, to read:

TO AMEND ACT 1093 OF 1966, AS AMENDED, RELATING TO THE CREATION OF THE GOOSE CREEK PARK AND PLAYGROUND COMMISSION LOCATED IN BERKELEY COUNTY SO AS TO PROVIDE THAT THE ANNUAL BUDGET OF THE COMMISSION MUST BE APPROVED BY A MAJORITY OF THE GOVERNING BODY OF BERKELEY COUNTY INSTEAD OF THE BERKELEY COUNTY LEGISLATIVE DELEGATION.

Section 4 of Act 1093 of 1966, as last amended by Act 437 of 1973, is further amended to read:

A. "Section 4. The commission may lay out, create, develop, and enlarge the system of parks and playgrounds for the use and benefit of the residents, inhabitants and institutions within its jurisdictional area. It shall have has charge of all parks and playgrounds within the area. The commission may spend such monies as it may deem consider necessary to carry out the activities of the Goose Creek Park and Playground;. provided, that an An annual budget showing details of anticipated expenditures shall must be approved by a majority of the county legislative delegation governing body of Berkeley County prior to disbursement of any of such funds."

B. This section is effective beginning with the 1994-1995 budget of the Goose Creek Park and Playground Commission./

Amend sections, totals and title to conform.

Senator LEATHERMAN raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.

Senators ROSE and LEATHERMAN spoke on the Point of Order.

The ACTING PRESIDENT sustained the Point of Order.

Senator BRYAN proposed the following Amendment No. 109 (DKA\3417SD.94), which was adopted:

Amend the bill, as and if amended, Part II, by adding a new section to read:

TO AMEND THE 1976 CODE BY ADDING SECTION 15-38-65 SO AS TO PROVIDE THAT THE UNIFORM CONTRIBUTION AMONG TORTFEASORS ACT DOES NOT APPLY TO GOVERNMENTAL ENTITIES OR TO GOVERNMENTAL EMPLOYEES ACTING WITHIN THE SCOPE OF THEIR OFFICIAL DUTIES AND THAT THE TORT CLAIMS ACT IS THE SOLE REMEDY FOR ANY TORT COMMITTED BY AN EMPLOYEE OF A GOVERNMENTAL ENTITY ACTING WITHIN THE SCOPE OF HIS OFFICIAL DUTY; TO AMEND SECTION 15-78-100, AS AMENDED, RELATING TO ACTIONS INSTITUTED UNDER THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO FURTHER PROVIDE FOR THE LIABILITY OF EACH TORTFEASOR AND TO PROVIDE FOR THE JOINDER OF AN ABSENT TORTFEASOR UPON MOTION OF ANY PARTY IN A CIVIL ACTION BEFORE THE COURT; TO REINSTATE CERTAIN PROVISIONS OF SECTION 15-78-120 OF 1976 CODE NOTWITHSTANDING ANY DECISION OF A COURT OF COMPETENT JURISDICTION TO THE CONTRARY; AND TO MAKE THE REINSTATEMENT OF THOSE PROVISIONS OF SECTION 15-78-120 AND THE AMENDMENTS TO SECTION 15-78-100 ABOVE CONTAINED RETROACTIVE TO THE EFFECTIVE DATE OF THE UNIFORM CONTRIBUTION AMONG TORTFEASORS ACT.

A. Chapter 38, Title 15 of the 1976 Code is amended by adding:

"Section 15-38-65. No payment shall be made from state appropriated funds or other public funds to satisfy claims or judgments against governmental entities or governmental employees acting within the scope of their official duties arising under the Uniform Contribution Among Tortfeasors Act. The South Carolina Tort Claims Act is the exclusive and sole remedy for any tort committed by an employee of a governmental entity while acting within the scope of his official duty, and the Uniform Contribution Among Tortfeasors Act shall not apply to governmental entities."

B. Section 15-78-100(c) of the 1976 Code is amended to read:

"(c) In all actions brought pursuant to this chapter when an alleged joint tortfeasor is named as party defendant in addition to the governmental entity, the trier of fact must return a special verdict specifying the proportion of monetary liability of each defendant against whom liability is determined. No payment shall be made from state appropriated funds or other public funds to satisfy claims or judgments under this chapter unless the trier of fact in a civil action returns a special verdict specifying the proportion of monetary liability of each tortfeasor against whom liability may be determined, where one or more persons become jointly or severally liable in tort for the same injury to person or property or for the same wrongful death with a governmental entity. Where a tortfeasor is not named in a civil action, the court, upon motion of any party, may join such tortfeasor as a party for the purposes of determining the proportion of monetary liability of each tortfeasor. In the event of an absent tortfeasor, such absence shall not impair the ability of the trier of fact to apportion by special verdict the monetary liability of each tortfeasor against whom liability is determined."

C. (1) Notwithstanding any decision of a court of competent jurisdiction to the contrary, the provisions of Section 15-78-120(a)(1) of the 1976 Code are reinstated and made retroactive to April 5, 1988, the effective date of the South Carolina Uniform Contribution Among Tortfeasors Act.

(2) The provisions of Section 15-78-100(c) of the 1976 Code, as amended herein, are retroactive to April 5, 1988, the effective date of the South Carolina Uniform Contribution Among Tortfeasors Act.

D. This section takes effect July 1, 1994./

Amend sections, totals and title to conform.

Senator THOMAS raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.

Senators LEATHERMAN, McCONNELL, THOMAS and BRYAN spoke on the Point of Order.

Senator THOMAS withdrew the Point of Order.

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

Senator BRYAN moved that the amendment be adopted.

The amendment was adopted.

Senator ROSE proposed the following Amendment No. 114 (4820R020.MTR), which was ruled out of order:

Amend the bill, as and if amended, Part II, page 706, right column, line 30, by adding a new section to read:

TO AMEND ARTICLE 11, CHAPTER 13, TITLE 8 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISCLOSURE OF ECONOMIC INTERESTS, SO AS TO REQUIRE PERSONS REQUIRED TO FILE THE STATEMENT OF ECONOMIC INTEREST TO LIST, IN AN ADDENDUM TO THE STATEMENT, ALL FEES RECEIVED BASED ON SERVICE ON A CORPORATE BOARD OF DIRECTORS, AND TO REQUIRE SUCH PERSONS TO REPORT ALL FEES OR INCOME RECEIVED FOR SERVICES RENDERED USING PUBLIC PROPERTY OR RENDERED DURING THE NORMAL OPERATING HOURS OF THE AGENCY WITH WHICH THE PERSON WORKS.

Chapter 13, Title 8 of the 1976 Code is amended by adding:

Section 8-13-1125. A person required to file the statement of economic interests shall report, as an addendum to the statement of economic interests, all fees received based on service on the board of directors of a corporation. In addition, a person required to file the statement of economic interests shall report all fees or income received for services rendered using public property or rendered during the normal operating hours of the agency with which the person works.

Amend sections, totals and title to conform.

Senator LEATHERMAN raised the Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.

The ACTING PRESIDENT sustained the Point of Order.

Senators WILSON, PASSAILAIGUE, RUSSELL, WILLIAMS, HAYES, WALDREP, LANDER, GREG SMITH, MOORE and THOMAS proposed the following Amendment No. 117B (CYY\16257AC.94), which was adopted:

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

TO ESTABLISH THE PERFORMANCE AUDIT STEERING COMMITTEE TO CONDUCT A COMPREHENSIVE PERFORMANCE AUDIT OF STATE GOVERNMENT FROM JUNE 30, 1995, THROUGH OCTOBER 31, 1996; TO PROVIDE FOR THE APPOINTMENT AND MEMBERSHIP OF THE COMMITTEE; TO PROVIDE FOR ITS DUTIES, INCLUDING THE MAIN FOUR POINTS OF THE AUDIT; AND TO ESTABLISH A SPECIAL ACCOUNT AND APPROPRIATE TWO MILLION DOLLARS FROM THE UNOBLIGATED 93-94 GENERAL FUND SURPLUS FOR THE EXPENSES OF THE COMMITTEE.

A. There is established effective June 30, 1995, the Performance Audit Steering Committee consisting of twelve members. The Speaker of the House and President Pro Tempore of the Senate shall appoint three members, and each must appoint two from the private sector. The Chairman of the House Ways and Means Committee and the Chairman of the Senate Finance Committee shall appoint three members, and each must appoint one from the private sector. Members shall serve for the duration of the existence of the committee and vacancies must be filled in the manner of original appointment. Members shall receive the mileage, subsistence, and per diem allowed by law for members of state boards, committees, and commissions. The State Budget and Control Board shall provide the necessary administrative services for the committee. The committee shall elect a chairman and such other officers as it considers necessary. The committee terminates on October 31, 1996. The Performance Audit Steering Committee shall retain an independent contractor who shall lead a staff of individuals representing both the public and private sector in the conduct of a performance audit in all aspects of state government. The performance audit shall focus on:

(1) determining duplicate programs and services and recommending those which should be eliminated;

(2) recommending streamlining of programs, policies, and procedures;

(3) evaluation of instances where out-of-date technologies detract from efficient program performance;

(4) recommendations for reallocating resources for increased effectiveness in the employment of governmental revenues.

The committee shall supervise and coordinate the work of the contractor and produce an audit report which must be submitted to the General Assembly and the Governor no later than the committee's termination date.

B. An account title "Statewide Performance Audit" must be created by the Comptroller General and appropriated two million dollars from the unobligated fiscal year 1993-94 General Fund Surplus for the use and expenses of the Performance Audit Steering Committee. Any balance remaining in the Statewide Performance Audit account may be carried forward until December 31, 1996, at which time the balance lapses to the State General Fund./

Amend sections, totals and title to conform.

Senators WILSON and PASSAILAIGUE argued in favor of the adoption of the amendment and Senator DRUMMOND argued contra.

Senator PASSAILAIGUE moved that the amendment be adopted.

Senator DRUMMOND moved to lay the amendment on the table.

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

Drummond Jackson Land
Leatherman Leventis Matthews
Patterson Saleeby Smith, J.V.
Stilwell Washington

Bryan Cork Courtney
Elliott Giese Gregory
Hayes Lander Macaulay
Martin McConnell McGill
Mescher Moore O'Dell
Passailaigue Peeler Rankin
Reese Richter Rose
Russell Ryberg Setzler
Short Thomas Waldrep
Wilson

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

The amendment was adopted.

Senators COURSON and GREG SMITH desired to be recorded as voting against the motion to table the amendment.

At 11:15 A.M., the PRESIDENT assumed the Chair.

Senator COURTNEY proposed the following Amendment No. 118A (4820R402.CTC), which was adopted:

Amend the bill, as and if amended, Part II, page 706, right column, line 31, by adding a new section to read:

TO AMEND SECTION 14-1-200 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF APPROPRIATIONS AUTHORIZED FOR THE PAYMENT OF SALARIES FOR FAMILY COURT JUDGES AND SOLICITORS SO AS TO INCREASE THE SALARIES OF FAMILY COURT JUDGES AND SOLICITORS AND TO FURTHER PROVIDE FOR THE IMPLEMENTATION OF SUCH INCREASES.

A. Section 14-1-200 of the 1976 Code is amended to read:

"Section 14-1-200. The General Assembly shall establish the salary of the Chief Justice and Associate Justices of the Supreme Court in the Annual General Appropriation Act and shall fix the salaries for the Court of Appeals, Circuit Court, Family Court, and Circuit Solicitors according to the following schedule:

(1) The Chief Judge of the Court of Appeals shall receive a salary in an amount not to exceed ninety-nine percent of the salary fixed for Associate Justices of the Supreme Court;

(2) Judges of the Court of Appeals and Circuit Court Judges shall receive a salary in an amount not to exceed ninety-five percent of the salary fixed for Associate Justices of the Supreme Court;

(3) Effective July 1, 1995, Judges of the Family Court and Circuit Solicitors shall receive a salary in an amount not to exceed ninety ninety-one and six tenths percent of the salary fixed for Judges of the Court of Appeals and Circuit Court." Associate Justices of the Supreme Court;

(4) Effective July 1, 1996, Judges of the Family Court and Circuit Solicitors shall receive a salary in an amount not to exceed ninety-three and two tenths percent of the salary fixed for Associate Justices of the Supreme Court;

(5) Effective July 1, 1997, Judges of the Family Court and Circuit Solicitors shall receive a salary in an amount not to exceed ninety-five percent of the salary fixed for Associate Justices of the Supreme Court."

B. This section takes effect upon approval by the Governor./

Amend sections, totals and title to conform.

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

Senator COURTNEY moved that the amendment be adopted.

The amendment was adopted.

I wish the record to reflect that I took no action with regard to the consideration of this amendment.

Senators ROSE and MESCHER proposed the following Amendment No. 119 (N05\7890BDW.94), which was tabled:

Amend the bill, as and if amended, Part II, by adding a new section to read:

TO AMEND SECTION 56-3-251 OF THE 1976 CODE, RELATING TO THE ISSUANCE OF BIENNIAL LICENSE PLATES AND REVALIDATION DECALS UPON PAYMENT OF PERSONAL PROPERTY TAXES, SO AS TO CHANGE THE REFERENCES TO DEPARTMENT TO CONFORM TO THE RESTRUCTURING ACT AND PROVIDE FOR APPROPRIATIONS TO FUND THE ELECTRONIC NOTIFICATION REQUIREMENTS OF THE SECTION.

A. Section 56-3-251 of the 1976 Code, as added by Section 22A, Part II, Act 164 of 1993, is amended to read:

"Section 56-3-251. (A) The Department of Highways Revenue and Public Transportation Taxation shall issue biennial license plates or revalidation decals based upon Section 56-3-253.

(B) Upon electronic notification from the county treasurer or county tax collector that personal property taxes have been paid for the second year of the biennial registration, the department shall mail to the vehicle owner a validation decal for the second year of the biennial registration period. Upon electronic notification from the county treasurer or county tax collector to the department that the taxes have not been paid on a vehicle, the department shall suspend the vehicle registration and license plate, and driver's license, if provided a driver's license number, of the vehicle owner.

(C) The State shall appropriate funds to the counties to pay for the costs of implementing the electronic notification requirements of subsection (B). The costs may not exceed one dollar for each license plate or revalidation decal issued annually by the county. Documentation of the costs must be submitted annually by the counties to the department which must be used to determine the annual appropriation to the counties.

(B)(D) All validation decals must be issued for a period not to exceed more than twelve months."

B. This section takes effect July 1, 1994. However, state appropriations required to implement the amendment to Section 56-3-251 of the 1976 Code in this section must not be made until after June 30, 1995./

Amend sections, totals and title to conform.

Senator ROSE argued in favor of the adoption of the amendment and Senator DRUMMOND argued contra.

Senator DRUMMOND moved to lay the amendment on the table.

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

Cork Courtney Drummond
Ford Giese Holland
Jackson Land Leventis
Macaulay Martin Matthews
McGill Mitchell Moore
O'Dell Patterson Rankin
Reese Saleeby Setzler
Short Smith, G. Smith, J.V.
Stilwell Waldrep Washington
Williams

Elliott Lander Leatherman
McConnell Mescher Passailaigue
Peeler Richter Rose
Russell Ryberg Thomas
Wilson

The amendment was laid on the table.

Debate was interrupted by the Joint Assembly.

At 11:40 A.M., Senator ROSE requested a leave of absence beginning at 4:00 P.M., for the remainder of the day.

At 11:45 A.M., the Senate receded from business for the purpose of attending the Joint Assembly.

At 12:00 Noon the Senate appeared in the Hall of the House.

The PRESIDENT of the Senate called the Joint Assembly to order.

Speaker Sheheen requested a moment of silent prayer in remembrance of Mr. C. Alex Harvin, Jr., father of Representative C. Alex Harvin, III.

The PRESIDENT announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses:

H. 5162 -- Reps. Hodges, M.O. Alexander, Sturkie and Beatty: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 11, 1994, AS THE TIME TO ELECT A CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT TO FILL THE UNEXPIRED TERM OF THE HONORABLE A. LEE CHANDLER WHO WILL BE RETIRING AS CHIEF JUSTICE IN DECEMBER, 1994, TO ELECT AN ASSOCIATE JUSTICE OF THE SOUTH CAROLINA SUPREME COURT TO FILL THE UNEXPIRED TERM AS AN ASSOCIATE JUSTICE OF THE HONORABLE A. LEE CHANDLER UPON HIS BECOMING CHIEF JUSTICE, TO ELECT AN ASSOCIATE JUSTICE OF THE SOUTH CAROLINA SUPREME COURT TO FILL THE UNEXPIRED TERM IN ANY VACANCY ON THE SUPREME COURT WHICH MAY OCCUR AS A RESULT OF THE ELECTION OF THE CHIEF JUSTICE AS ABOVE PROVIDED, TO ELECT A FAMILY COURT JUDGE FROM THE FIFTH JUDICIAL CIRCUIT, SEAT 4, TO FILL THE UNEXPIRED TERM OF THE HONORABLE WILLIAM M. CAMPBELL, WHOSE TERM EXPIRES JUNE 30, 1998, AND TO ELECT A FAMILY COURT JUDGE FROM THE FOURTEENTH JUDICIAL CIRCUIT, SEAT 2, TO FILL THE UNEXPIRED TERM OF THE HONORABLE ALBERT L. KLECKLEY, WHOSE TERM EXPIRES JUNE 30, 1998.

The PRESIDENT announced that nominations were in order to elect a successor to fill the unexpired term of the position of Chief Justice, S.C. Supreme Court.

Representative Hodges, Chairman of the Judicial Screening Committee, indicated that the Honorable Ernest A. Finney, Jr. had been screened and found qualified to serve.

Senator LAND placed the name of the Honorable Ernest A. Finney, Jr. in nomination.

Representatives McLeod, White, Cobb-Hunter, Kennedy, Inabinett, Harvin, Govan, Breeland, Whipper, Holt, Senator RYBERG, Representatives Neal, Byrd, Carnell, Senator McGILL, Representatives Felder, Koon, Waldrop, Jennings, Baxley, Harrelson, Snow, D. Wilder, Stoddard, Wilkins, Robinson, Rhoad, J. Wilder, McElveen, Senators MOORE, LANDER, Representative Harrell, Senators RICHTER, MITCHELL, LEATHERMAN, RANKIN, GIESE and Representatives Harwell, Neilson, Hines, Moody-Lawrence, Spearman, and G. Brown seconded the nomination of Justice Finney.

Senator LAND moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Ernest A. Finney, Jr. was elected to fill the unexpired term of the position of Chief Justice of the South Carolina Supreme Court for the term prescribed by law.

The PRESIDENT announced that nominations were in order to elect a successor to the position of Associate Justice, S.C. Supreme Court.

Rep. Hodges, Chairman of the Judicial Screening Committee, indicated that the Honorable Ralph King Anderson, Jr., the Honorable Julius H. Baggett, the Honorable J. Ernest Kinard, Jr., the Honorable Costa M. Pleicones and the Honorable John H. Waller, Jr. had been screened and found qualified to serve.

On motion of Representative Hodges, the names of the Honorable Ralph King Anderson, Jr., the Honorable Julius H. Baggett, the Honorable J. Ernest Kinard, Jr. and the Honorable Costa M. Pleicones were withdrawn from consideration.

On motion of Representative Wilkins, the name of the Honorable John H. Waller, Jr. was placed in nomination.

Representatives Elliott, Harwell, Houck, Haskins, Neilson, Hines, McMahand, Bailey, Young, Smith, Hutson, Huff, Chamblee, Mattos, Meacham, Senators RANKIN, MITCHELL, LEATHERMAN, GIESE, WALDROP, COURTNEY, WASHINGTON, MATTHEWS, ELLIOTT, Representative Farr, Senators WILLIAMS, ROSE, Representatives Beatty, Marchbanks, Graham, Snow, Kelley, Baxley, Jennings, White, Wofford, Felder, Klauber, Senator McGILL, Representatives McLeod, Wilkins, Brown, Senator LANDER, Representatives Holt, Harrell, Senator RICHTER, Representatives Hallman, Worley, Martin, Witherspoon, Sharpe, Wright, Riser, Senator O'DELL, Representatives Govan, Robinson and McElveen seconded the nomination of Judge Waller.

Representative Wilkins moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable John H. Waller, Jr. was elected to fill the unexpired term of the position of Associate Justice of the South Carolina Supreme Court for the term prescribed by law.

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Family Court, Fifth Judicial Circuit, Seat #4.

Representative Hodges, Chairman of the Judicial Screening Committee, indicated that Steven D. Dennis, Barbara M. Heape, Francenia B. Heizer, Leslie Kirkland Riddle, Donna S. Strom, and H. Bruce Williams had been screened and found qualified to serve.

On motion of Representative Hodges, the names of Steven D. Dennis, Francenia B. Heizer, and H. Bruce Williams were withdrawn from consideration.

On motion of Representative Quinn, the name of Barbara M. Heape was withdrawn from consideration.

On motion of Representative Wright, the name of Ms. Riddle was withdrawn from consideration.

On motion of Representative Scott, the name of Ms. Donna S. Strom was placed in nomination.

Representatives Cromer, Wilkins, Gamble, Stoddard, Marchbanks, Senator RYBERG, Representative Simrill, Senator HAYES, Representative Harwell, Senators ELLIOTT, RANKIN, Representatives Askins, Moody-Lawrence, Senators COURSON, WALDREP, MATTHEWS, WASHINGTON, Representatives Neilson, Hines, M.O. Alexander, McMahand, Huff, Chamblee, G. Brown, McLeod, McCraw, Mattos, R. Smith, Beatty, Davenport, Snow, Waldrop, White, Felder, Klauber, Carnell, McAbee, Senator McGILL, Representatives Kennedy, Inabinett, Harvin, Govan, Cobb-Hunter, Shissias, Harrell, Senators RICHTER, PASSAILAIGUE, Representatives McElveen, Senators MITCHELL, MOORE, J. VERNE SMITH, RANKIN and Representative Spearman seconded the nomination of Ms. Strom.

Representative Scott moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Donna S. Strom was elected Judge, Family Court, Fifth Judicial Circuit, Seat No. 4, for the term prescribed by law.

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Family Court, Fourteenth Judicial Circuit, Seat #2.

Representative Hodges, Chairman of the Judicial Screening Committee, indicated that Harris L. Beach, Jr., Jane Dowling Fender, William E. Myrick, Jr., Walter H. Sanders, Jr., and Gerald C. Smoak, Jr. had been screened and found qualified to serve.

On motion of Representative Hodges, the names of William E. Myrick, Jr., Walter H. Sanders, Jr. and Gerald C. Smoak, Jr. were withdrawn from consideration.

On motion of Representative Rogers, the name of Mr. Harris L. Beach, Jr. was withdrawn from consideration.

On motion of Representative Keyserling, the name of Ms. Jane Dowling Fender was placed in nomination.

Representatives White, Cobb-Hunter, Senator McGILL, Representatives Kennedy, Harrelson, Hallman, Klauber, Richardson, Wright, Snow, Govan, Senator CORK, Representatives Wilkes, Neal, Byrd, J. Brown, D. Wilder, Riser, Wells, Clyborne, Littlejohn, McMahand, Cooper, Neilson, G. Bailey, Moody-Lawrence, Askins, Senators DRUMMOND, GIESE, WASHINGTON, Representatives Beatty, R. Young, Shissias, McElveen and Senator MITCHELL seconded the nomination of Ms. Fender.

Representative Felder moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the PRESIDENT announced that the Honorable Jane Dowling Fender was elected Judge, Family Court, Fourteenth Judicial Circuit, Seat No. 2, for the term prescribed by law.

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

At 12:40 P.M., the Senate reconvened.

At 12:41 P.M., Senator MITCHELL requested a leave of absence for the balance of the day.

At 12:42 P.M., on motion of Senator WILLIAMS, the Senate receded from business until 2:15 P.M.

The Senate reassembled at 2:24 P.M. and was called to order by the PRESIDENT.

Senator COURSON from the Committee on Invitations stated that pursuant to the provisions of Rule 36, three-fourths of the membership of the Invitations Committee have voted affirmatively and submitted a favorable report on:

Senator McGILL's written request that on Wednesday, May 25, 1994, Coach Watson Taft be granted the Privilege of the Chamber, to that area behind the rail, and that Coach Taft be granted the Privilege of the Floor for the purpose of receiving a Certificate of Appreciation and Resolution.

The report was adopted without objection.

Senator COURSON from the Committee on Invitations stated that pursuant to the provisions of Rule 36, three-fourths of the membership of the Invitations Committee have voted affirmatively and submitted a favorable report on:

Senator CORK's written request that on Thursday, May 26, 1994, Miss Ashley Fronczak, Miss Pre-Teen S.C., be granted the Privilege of the Chamber, to that area behind the rail, and that she be granted the Privilege of the Floor for the purpose of receiving a Certificate of Appreciation.

The report was adopted without objection.

At 2:43 P.M. Senator PEELER assumed the Chair.

H. 3603 -- Reps. P. Harris, Sturkie, Carnell, Harrison, Corning, Shissias, Cooper, Stille, Tucker, Neal, McAbee, Snow, Townsend, Riser, Byrd, J. Bailey, J. Brown and Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-175 SO AS TO AUTHORIZE THE DIVISION OF GENERAL SERVICES TO ENACT A MEMORIAL ON THE STATE HOUSE GROUNDS TO HONOR STATE OR LOCAL LAW ENFORCEMENT OFFICERS WHO HAVE LOST THEIR LIVES IN THE LINE OF DUTY.

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

There was no objection.

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

H. 4656 -- Reps. T.C. Alexander, Allison, Barber, Baxley, H. Brown, Chamblee, Davenport, Fulmer, Gonzales, Hallman, J. Harris, Harwell, Hutson, Jennings, Keyserling, Kinon, Lanford, McAbee, McKay, Rudnick, Scott, D. Smith, Stoddard, Wells, Whipper, Wright, A. Young, Stuart and Wofford: A BILL TO PROVIDE THAT EACH INSURED COVERED FOR MENTAL, EMOTIONAL, OR NERVOUS DISORDERS OR CONDITIONS MUST BE ALLOWED TO SELECT THE PHYSICIAN OR CERTAIN OTHER SPECIFIED PROVIDER TO TREAT THE DISORDER OR CONDITION, AND REQUIRE THE INSURER TO PAY THE COVERED CHARGES UP TO THE LIMITS OF COVERAGE IF THE DISORDER OR CONDITION TREATED IS COVERED BY THE INSURANCE POLICY AND THE PHYSICIAN OR OTHER SPECIFIED PROVIDER IS LICENSED BY THE STATE.

Senator PATTERSON asked unanimous consent to make a motion to recall the Bill from the Committee on Banking and Insurance.

There was no objection.

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

H. 5076 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF NURSING, DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO EXAMINATION AND RE-EXAMINATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1750, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator J. VERNE SMITH asked unanimous consent to make a motion to recall the Resolution from the Committee on Labor, Commerce and Industry.

There was no objection.

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

The following was introduced:

H. 4928 -- Reps. Kinon and Harwell: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A PORTION OF SOUTH CAROLINA HIGHWAY S-17-45 AS "LESTER JACKSON HIGHWAY".

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

On motion of Senator MOORE, with unanimous consent, the Senate proceeded to a Call of the Uncontested Local and Statewide Calendar.

The following Bills were read the third time and having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:

H. 4721 -- Rep. Kirsh: A BILL TO AMEND SECTIONS 9-1-440, 9-1-1140, AND 9-1-1850, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHING SERVICE CREDIT FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO INCREASE FROM FOUR TO SIX PERCENT OF EARNABLE COMPENSATION THE COST OF ESTABLISHING SERVICE WHEN THE MEMBER ORIGINALLY ELECTED NOT TO BE COVERED, TO INCREASE THE COST OF ESTABLISHING TIME FOR PREGNANCY LEAVE FROM EIGHT TO TWELVE PERCENT OF EARNABLE COMPENSATION, AND TO PROVIDE A SCHEDULE OF RATES FOR A MEMBER WITH AT LEAST TWENTY-FIVE YEARS SERVICE ESTABLISHING CREDIT FOR UP TO FIVE YEARS ADDITIONAL SERVICE; TO AMEND SECTIONS 9-11-50, AS AMENDED, 9-11-55, 9-11-210, AS AMENDED, AND 9-11-325, RELATING TO ESTABLISHING CREDIT FOR PRIOR SERVICE AND THE ACCOMPANYING CONTRIBUTION RATES FOR PURPOSES OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO INCREASE THE COST OF ESTABLISHING PREGNANCY LEAVE, FEDERAL CIVILIAN SERVICE, AND OTHER ESTABLISHABLE NEW POLICE SERVICE, FROM TEN TO TWELVE PERCENT OF EARNABLE COMPENSATION, INCREASE THE CONTRIBUTION RATE TO ESTABLISH PRIOR POLICE SERVICE FROM SIXTEEN TO TWENTY-ONE DOLLARS A MONTH FOR CLASS ONE SERVICE AND FROM FIVE TO SIX AND ONE-HALF PERCENT OF MONTHLY COMPENSATION, AND TO INCREASE THE COST OF ESTABLISHING OUT-OF-STATE SERVICE FROM TEN TO TWELVE PERCENT OF SALARY; AND TO REPEAL SECTION 9-11-65, RELATING TO AN OBSOLETE PURCHASE OF ADDITIONAL SERVICE CREDIT BY MEMBERS WITH AT LEAST TWENTY-FIVE YEARS SERVICE.

H. 3094 -- Reps. Kirsh and Moody-Lawrence: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-735 SO AS TO PROVIDE THAT BUNGY JUMPING AND REVERSE BUNGY JUMPING ARE UNLAWFUL AND TO PROVIDE PENALTIES FOR VIOLATION.

The following Bill was read the third time and ordered sent to the House of Representatives:

S. 1134 -- Senators Greg Smith, Rose, Washington, Ford, Mescher, Glover, Short, Jackson, Waldrep, Richter, Mitchell, Patterson, Rankin, Hayes, Leatherman and Thomas: A BILL TO AMEND SECTION 12-27-270, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION FROM THE TAX ON GASOLINE SALES FOR STATE-OWNED SCHOOL BUSES AND OTHER PUPIL TRANSPORTATION PROGRAMS, AND SECTION 12-29-325, RELATING TO EXEMPTIONS FROM THE TAX ON FUEL, SO AS TO EXTEND THE EXEMPTION TO BUSES USED IN THE HEAD START PROGRAM.

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

There was no objection.

At 3:00 P.M., the PRESIDENT assumed the Chair.

At 3:05 P.M., Senator WILLIAMS requested a leave of absence for the balance of the day.

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

H. 5037 -- Ways and Means Committee: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC FINANCE, BY ADDING CHAPTER 40, THE SOUTH CAROLINA INFRASTRUCTURE FACILITIES ACT, SO AS TO CREATE THE SOUTH CAROLINA INFRASTRUCTURE FACILITIES AUTHORITY AND PROVIDE FOR ITS POWERS AND DUTIES; TO PROVIDE FOR A REVOLVING FUND FOR THE PURPOSE OF MAKING LOANS TO LOCAL GOVERNMENTS TO FINANCE ENVIRONMENTAL FACILITIES AND OTHER INFRASTRUCTURE PROJECTS, TO AUTHORIZE THE AUTHORITY TO ISSUE REVENUE BONDS AND TO PROVIDE FOR THE METHOD OF ISSUING AND SECURING THE BONDS AND THE PAYMENT OF THE BONDS, TO ALLOW FEDERAL GRANTS, LOAN REPAYMENTS, STATE APPROPRIATIONS AND OTHER AVAILABLE AMOUNTS TO BE CREDITED TO THE REVOLVING FUND, AND TO AUTHORIZE LENDING TO AND BORROWING BY LOCAL GOVERNMENTS THROUGH THE REVOLVING FUND; TO AMEND SECTION 11-37-60, RELATING TO THE BONDING AUTHORITY OF THE SOUTH CAROLINA RESOURCES AUTHORITY, SO AS TO ALLOW IT TO ISSUE BONDS AND FOR THE PURPOSE OF REFUNDING BONDS ISSUED BEFORE DECEMBER 31, 1992, AND TO REDUCE FROM TWO HUNDRED MILLION TO SIXTY MILLION DOLLARS THE TOTAL PRINCIPAL AMOUNT OF BONDS AUTHORIZED; AND TO REPEAL SECTION 11-37-70 RELATING TO THE BONDING AUTHORITY OF THE SOUTH CAROLINA RESOURCES AUTHORITY.

H. 3692 -- Reps. Vaughn, Waldrop, J. Bailey, Hines, Farr, Kirsh, Stone, Walker, Littlejohn, Gamble, Richardson, Cobb-Hunter, Allison, Wells, Wofford, Chamblee, Corning, Cato, Holt, Harrelson, Davenport, Moody-Lawrence, P. Harris, Gonzales, Witherspoon, Cooper, Byrd, Riser, Wright, D. Wilder, Mattos, Houck, Jaskwhich and Klauber: A BILL TO AMEND SECTION 20-7-1650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO ADOPTIONS, SO AS TO REVISE THE DEFINITION OF CHILD PLACING AGENCY.

H. 4036 -- Reps. Wilkins, Clyborne, Jaskwhich, Fair, G. Brown, R. Smith, Quinn, Hines, Sharpe, McAbee, Richardson, Cato, Jennings, Gamble, Wofford, Wells, J. Bailey, Stone, Hallman, G. Bailey, J. Wilder, Marchbanks, Trotter, H. Brown, P. Harris, Keegan, Mattos, Vaughn, Walker and Phillips: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 50 SO AS TO PROVIDE FOR THE GOVERNOR'S SCHOOL FOR THE ARTS AND HUMANITIES.

H. 4872 -- Rep. Houck: A BILL TO AMEND SECTIONS 44-53-210 AND 44-53-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHEDULES II AND IV CONTROLLED SUBSTANCES, SO AS TO PROVIDE THAT INJECTABLE FORMS OF PENTAZOCINE ARE SCHEDULE II AND THAT ORAL DOSAGE FORMS OF PENTAZOCINE ARE SCHEDULE IV.

H. 4873 -- Rep. Houck: A BILL TO AMEND SECTION 44-53-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION OF PROFESSIONALS UNDER NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO REVISE THE DATES FOR EXPIRATION AND RENEWAL OF REGISTRATIONS; AND TO PROVIDE STAGGERED REGISTRATIONS.

H. 4283 -- Reps. Barber, Jennings, Gonzales, Quinn, Harvin, Wells, Wright, Harrison, R. Smith, Fulmer, D. Wilder, Klauber, A. Young and Corning: A BILL TO AMEND TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 43 RELATING TO CORPORATIONS SO AS TO ENACT THE "SOUTH CAROLINA LIMITED LIABILITY COMPANY ACT" WHICH PERMITS A LIMITED LIABILITY COMPANY (LLC) FORMED PURSUANT TO THIS ACT TO BE TREATED AS A PARTNERSHIP FOR TAX PURPOSES TOGETHER WITH THE ABSENCE OF INDIVIDUAL LIABILITY OF THE MEMBERS OF THE LIMITED LIABILITY COMPANY FOR ITS OBLIGATIONS, WHICH PROVIDES FOR THE MANNER IN WHICH LIMITED LIABILITY COMPANIES ARE FORMED, FOR RELATIONS BETWEEN MEMBERS AND MANAGERS TO PERSONS DEALING WITH THE LIMITED LIABILITY COMPANIES, FOR THE RIGHTS AND DUTIES OF MEMBERS AND MANAGERS, FOR FINANCE MATTERS, FOR DISTRIBUTIONS AND WITHDRAWALS, FOR THE OWNERSHIP AND TRANSFER OF PROPERTY, FOR ADMISSION AND WITHDRAWAL OF MEMBERS, FOR DISSOLUTION, FOR THE MANNER IN WHICH FOREIGN LIMITED LIABILITY COMPANIES MAY OPERATE AND ARE GOVERNED, FOR PROFESSIONAL SERVICES LIMITED LIABILITY COMPANIES, FOR SUITS BY AND AGAINST THE LIMITED LIABILITY COMPANIES, FOR THE MERGER OF DOMESTIC OR FOREIGN LIMITED LIABILITY COMPANIES, AND FOR MISCELLANEOUS PROVISIONS AFFECTING THE LIMITED LIABILITY COMPANIES INCLUDING FILING AND OTHER FEES; AND TO AMEND THE 1976 CODE BY ADDING SECTION 12-2-25 SO AS TO PROVIDE FOR CERTAIN DEFINITIONS FOR TAXATION PURPOSES INCORPORATING REFERENCES TO LIMITED LIABILITY COMPANIES.

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

There was no objection.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by Senator PASSAILAIGUE and previously printed in the Journal of Tuesday, May 3, 1994.

The Judiciary Committee proposed the following amendment (JUD4283.004), which was adopted:

Amend the bill, as and if amended, page 4, line 37, in Section 33-43-103(A), as contained in Part I, SECTION 1, by striking /as set forth in its articles of organization/.

Amend the bill further, as and if amended, page 19, line 17, in Section 33-43-403(B)(1), as contained in Part I, SECTION 1, by inserting after the word /agreement/ the following:

/or articles of organization/.

Amend the bill further, as and if amended, page 19, beginning on line 26, in Section 33-43-404, as contained in Part I, SECTION 1, by striking Section 33-43-404 in its entirety and inserting therein the following:

/Section 33-43-404. Indemnification of members and managers.

An operating agreement or a court may provide for indemnification of a member or manager for judgments, settlements, penalties, fines, or expenses incurred in a proceeding to which a person is a party because the person is or was a member or manager to the same extent, upon the same terms and limitations, and according to the same procedures as is provided for indemnification of directors of business corporations in Article 5, Chapter 8 of Title 33, and as may be amended from time to time./.

Amend the bill further, as and if amended, page 59, line 16, in Section 33-43-1302(A), as contained in Part I, SECTION 1, by striking /part/ and inserting /party/.

Amend the bill further, as and if amended, page 60, line 6, in Section 33-43-1303(B)(4), as contained in Part I, SECTION 1, by striking /affected/ and inserting /effected/.

Amend the bill further, as and if amended, page 67, beginning on line 29 through page 73, by striking Part II in its entirety.

Renumber sections to conform.

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.

H. 4625 -- Reps. Tucker, G. Bailey, Haskins, Harwell, J. Wilder, Davenport, Carnell, Hodges, D. Smith, Harrison, R. Young, Harvin, Gonzales and Graham: A BILL TO AMEND SECTION 9-8-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY AND RETIREMENT BENEFITS FOR MEMBERS OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO CONFORM THE ELIGIBILITY FOR ADDITIONAL BENEFITS BECAUSE OF LENGTH OF SERVICE FOR SOLICITORS TO THE YEARS OF SERVICE REQUIRED FOR A SOLICITOR TO BE ELIGIBLE TO RETIRE.

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

Senator WILLIAMS proposed the following amendment (JUD4625.001), which was adopted:

Amend the bill, as and if amended, page 1, line 25, in Section 9-8-60(5), as contained in SECTION 1, by striking /after June 30, 1990, and/ and inserting therein:

/ , after June 30, 1990, and /

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.

H. 4775 -- Rep. Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4, CHAPTER 7, TITLE 44 SO AS TO ENACT THE HEALTH CARE COOPERATION ACT, WHICH PROVIDES FOR HEALTH CARE COOPERATIVE AGREEMENTS AND FOR THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO CERTIFY, REGULATE, AND MONITOR THESE AGREEMENTS.

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

The Medical Affairs Committee proposed the following amendment (CYY\16233AC.94), which was adopted:

Amend the bill, as and if amended, Section 44-7-510(3), by inserting after /pricing/ on page 2, line 37 /or illegal tying arrangements/.

Amend further, Section 44-7-520(A), by inserting after /civil/ on page 3, line 32 /liability/.

Amend further, Section 44-7-520(B), by inserting after /laws./ on page 4, line 2 /Nothing in this subsection creates immunity for a person for conduct in negotiating or entering into a cooperative agreement for which an application for a certificate of public advantage is not filed./

Amend further, Section 44-7-570(A), by deleting /may/ on page 7, line 13, and inserting /shall/.

Amend further, Section 44-7-570, by adding at the end:

/(D) The department shall promulgate regulations to implement the provisions of this article including any fees and application costs associated with the monitoring and oversight of cooperative agreements approved under this article./

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.

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

H. 4143 -- Reps. Hodges and Boan: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS OF NOVEMBER 30-DECEMBER 3, 1992, MISSED BY THE STUDENTS OF BARR STREET JUNIOR HIGH SCHOOL IN LANCASTER COUNTY, AND THE SCHOOL DAYS OF DECEMBER 3, 4, AND 7 OF 1992 MISSED BY THE STUDENTS OF THE DOBSON ELEMENTARY SCHOOL IN LANCASTER COUNTY WHEN THESE SCHOOLS WERE CLOSED DUE TO FIRE ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

On motion of Senator GREGORY, H. 4143 was ordered to receive a third reading on Thursday, May 12, 1994.

S. 1403 -- Senator Gregory: A BILL TO PROHIBIT THE CITY OF LANCASTER FROM DISCONTINUING SEWER SERVICE TO A PERSON WHO CHOOSES TO DISCONNECT FROM THAT MUNICIPALITY'S WATER SYSTEM AND PROHIBIT THE CITY OF LANCASTER FROM CHARGING AN ASSESSMENT OR FEE TO FORMER CUSTOMERS LOCATED OUTSIDE ITS CORPORATE LIMITS; AND TO EXEMPT FROM REGULATION GROUNDWATER WELLS LOCATED OUTSIDE OF THE CITY OF LANCASTER FOR USE AS A PERSON'S ONLY SOURCE OF WATER.

On motion of Senator GREGORY, S. 1403 was ordered to receive a third reading on Thursday, May 12, 1994.

H. 4882 -- Reps. G. Bailey, Cobb-Hunter, Hutson, Harrell and A. Young: A BILL TO AMEND SECTION 7-7-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS AND PLACES IN DORCHESTER COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS AND DELETE THE SPECIFIC VOTING PLACES FOR EACH PRECINCT, PROVIDE THAT THE PRECINCTS ARE AS SHOWN ON OFFICIAL MAPS ON FILE WITH THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE BUDGET AND CONTROL BOARD DESIGNATED AS DOCUMENT P-35-94, AND PROVIDE THAT THE POLLING PLACES FOR THE PRECINCTS PROVIDED IN THIS SECTION MUST BE ESTABLISHED BY THE DORCHESTER COUNTY ELECTION COMMISSION.

On motion of Senator ROSE, H. 4882 was ordered to receive a third reading on Thursday, May 12, 1994.

S. 1112 -- Senator Ryberg: A BILL TO AMEND SECTION 59-63-240 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXPULSION FROM SCHOOL FOR THE REMAINDER OF THE YEAR, SO AS TO PROVIDE THAT THE IDENTITY OF A STUDENT WHO INFORMS A TEACHER OR AN ADMINISTRATOR THAT ANOTHER STUDENT IS IN POSSESSION OF A FIREARM ON SCHOOL PROPERTY OR AT A SCHOOL-SPONSORED EVENT SHALL BE DEEMED CONFIDENTIAL.

S. 1133 -- Senator Washington: A BILL TO AMEND SECTION 59-19-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS AND DUTIES OF SCHOOL BOARDS OF TRUSTEES, SO AS TO AUTHORIZE A BOARD TO PROMULGATE REGULATIONS ESTABLISHING A SCHOOL UNIFORM OR UNIFORM DRESS CODE POLICY WITHIN ITS DISTRICT.

H. 4994 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO CHILD DEVELOPMENT PROGRAMS (REPEALED IN ITS ENTIRETY), DESIGNATED AS REGULATION DOCUMENT NUMBER 1714, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4995 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO HALF-DAY CHILD DEVELOPMENT PROGRAMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1715, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4996 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO STATE FUNDED REMEDIAL EDUCATION PROGRAMS (REPEALED IN ITS ENTIRETY) AND ACADEMIC ASSISTANCE PROGRAMS (GRADES 4-12), DESIGNATED AS REGULATION DOCUMENT NUMBER 1716, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4997 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO STATE FUNDED COMPENSATORY EDUCATION PROGRAMS (REPEALED IN ITS ENTIRETY) AND EARLY CHILDHOOD ASSISTANCE PROGRAMS, GRADES K-3 (REPLACES), DESIGNATED AS REGULATION DOCUMENT NUMBER 1717, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4998 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RETENTION SCHEDULES FOR SCHOOL DISTRICTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1736, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4999 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RETENTION SCHEDULE FOR STATE COLLEGES AND UNIVERSITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1737, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4373 -- Reps. Cromer and Rudnick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-43-153 SO AS TO PROVIDE THAT IF A PHARMACIST SUBSTITUTES A GENERIC DRUG FOR A PRESCRIPTION DRUG THE GENERIC DRUG MUST BE LISTED FIRST FOLLOWED BY THE PRESCRIPTION DRUG IN PARENTHESES.

H. 4407 -- Rep. Hutson: A BILL TO AMEND SECTION 44-37-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NEONATAL TESTING OF CHILDREN, SO AS TO PROVIDE FOR STORAGE REQUIREMENTS FOR BLOOD SAMPLES USED IN THESE TESTS, FUTURE AVAILABILITY OF THESE SAMPLES FOR TESTING, AND CONFIDENTIALITY OF INFORMATION.

H. 4763 -- Rep. Kirsh: A BILL TO AMEND SECTION 40-33-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS OF CHAPTER 33, TITLE 40, THE NURSE PRACTICE ACT, SO AS TO PROVIDE THAT THE CHAPTER MAY NOT PROHIBIT THE PRACTICE OF NURSING BY GRADUATES OF NURSING SCHOOLS AWAITING LICENSING EXAMINATION RESULTS, AND TO AMEND SECTION 40-33-920, AS AMENDED, RELATING TO LICENSING REEXAMINATION, SO AS TO REVISE THE REQUIREMENTS FOR REEXAMINATION.

H. 5106 -- Reps. Sheheen and Marchbanks: A BILL TO AMEND SECTION 20-7-5010, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT AND PURPOSE OF THE CHILDREN'S TRUST FUND OF SOUTH CAROLINA AND SECTION 20-7-5030, RELATING TO THE BOARD OF TRUSTEES OF THE TRUST FUND, SO AS TO PROVIDE THAT THE PURPOSE OF THE FUND AND THE POWERS AND DUTIES OF THE BOARD ARE FOR THE PREVENTION OF CHILD ABUSE AND NEGLECT RATHER THAN FOR A BROAD ARRAY OF PREVENTION AND TREATMENT PROGRAMS FOR CHILDREN.

H. 4780 -- Rep. Klauber: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-65 SO AS TO PROVIDE THAT A RESIDENT OF A NURSING HOME OF THIS STATE MAY CONTRACT WITH A PERSON NOT ASSOCIATED WITH THE NURSING HOME TO PERFORM CERTAIN SERVICES 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 Medical Affairs.

The Medical Affairs Committee proposed the following amendment (CYY\16205AC.94), which was adopted:

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

/SECTION 1. Section 44-81-40 of the 1976 Code, as last amended by Act 474 of 1992, is further amended by adding at the end:

"(O) A resident or a resident's legal representative may contract with a person not associated with or employed by the facility to perform sitter services unless the services are prohibited from being performed by a private contractor by state or federal law or by the written contract between the facility and the resident. The person, being a private contractor, is required to abide by and follow the policies and procedures of the facility as they pertain to sitters and volunteers. The person must be selected from an approved list or agency and approved by the facility. All residents or residents' legal representatives employing a private contractor must agree in writing to hold the facility harmless from any liability."

SECTION 2. All currently employed contractors providing sitter services to a resident, as defined in Section 44-81-30, must sign a new agreement to comply with the provisions of Section 44-81-40(O) of the 1976 Code as added by Section 1 of this act.

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

Renumber sections to conform.

Amend title to conform.

Senator MACAULAY explained the amendment.

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

S. 1395 -- Senator J. Verne Smith: A CONCURRENT RESOLUTION TO AUTHORIZE THE GREENVILLE YOUNG MEN'S CHRISTIAN ASSOCIATION TO USE THE SENATE CHAMBER, THE CHAMBER OF THE HOUSE OF REPRESENTATIVES AND ANY AVAILABLE COMMITTEE HEARING ROOMS IN THE LEGISLATIVE OFFICE BUILDINGS ON THURSDAY, DECEMBER 1, 1994, AND FRIDAY, DECEMBER 2, 1994, TO CONDUCT A YOUTH IN GOVERNMENT PROGRAM.

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

S. 1398 -- Senator Setzler: A CONCURRENT RESOLUTION PROCLAIMING THE MONTH OF MAY AS "CERTIFIED INTERNAL AUDITOR MONTH".

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

H. 5160 -- Reps. T.C. Alexander and Graham: A CONCURRENT RESOLUTION SUPPORTING THE EFFORTS OF OCONEE COUNTY AND ITS OUTSTANDING CITIZENS TO BE DESIGNATED A "WORLD WAR II COMMEMORATIVE COMMUNITY" BY THE UNITED STATES DEPARTMENT OF DEFENSE.

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

H. 4460 -- Rep. McTeer: A BILL TO AMEND SECTION 9-1-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHING PRIOR SERVICE CREDIT FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO PROVIDE THAT SERVICE CREDIT MAY BE ESTABLISHED FOR MATERNITY LEAVE AS PROVIDED BY LAW IF THE MEMBER APPLIED FOR REEMPLOYMENT WITHIN TWO YEARS OF GOING ON MATERNITY LEAVE AND WAS REHIRED WITHIN TWO AND ONE-HALF YEARS OF THE BEGINNING OF THE LEAVE.

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

Senator GIESE proposed the following amendment (JIC\5905HTC.94):

Amend the bill, as and if amended, in the second unnumbered paragraph of Section 9-1-1140, as contained in SECTION 1, page 1, line 41, by striking the quotation mark and inserting:

/ For purposes of this paragraph, maternity leave includes paternity leave."/

Amend title to conform.

Senator McCONNELL objected to further consideration of the Bill.

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.

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

H. 3463 -- Reps. Jennings, H. Brown, Kirsh, Huff, Houck, Neilson, Tucker, Baxley, Delleney, Wofford, Worley, McElveen, Martin, Cobb-Hunter, J. Wilder, Spearman, Elliott, McCraw, Phillips, Kinon, J. Harris and Askins: A BILL TO AMEND CHAPTER 23, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 SO AS TO CREATE THE SCENIC HIGHWAYS COMMITTEE AND TO PRESCRIBE ITS POWERS AND DUTIES; BY ADDING SECTION 57-23-185 SO AS TO PROVIDE THAT JUST COMPENSATION BE PAID TO LANDOWNERS FOR REMOVAL OF SIGNS; AND TO AMEND SECTION 57-25-140, AS AMENDED, RELATING TO SIGNS PERMITTED ALONG INTERSTATE HIGHWAYS, SO AS TO ALLOW SIGNS PROVIDING DIRECTIONAL INFORMATION.

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

H. 4414 -- Reps. Phillips, Allison, Waites, Rudnick, J. Wilder, Jaskwhich, Walker, Corning, Rogers, Stuart, Waldrop and Gamble: A BILL TO ENACT THE "SCHOOLHOUSE SAFETY ALLIANCE ACT OF 1994" TO ATTACK THE PROBLEMS OF JUVENILE CRIME AND SCHOOL SAFETY INCLUDING PROVISIONS TO AMEND TITLE 59 OF THE 1976 CODE RELATING TO EDUCATION BY ADDING CHAPTER 143 SO AS TO PROVIDE FOR TRAINING OF SCHOOL FACULTY AND STAFF TO PREVENT STUDENT VIOLENCE, TO INSTITUTE IN EACH SCHOOL CASE MANAGEMENT TEAMS TO WORK AS UNITS ON BEHALF OF STUDENTS DISPLAYING SIGNS OF VIOLENT BEHAVIOR, TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO COLLECT DATA IDENTIFYING THE BEST PRACTICES IN DEALING WITH PROBLEMS ASSOCIATED WITH STUDENT VIOLENCE, TO REQUIRE THE DEPARTMENT OF EDUCATION TO PILOT TEST A CLUSTER SCHOOL CONCEPT IN URBAN AND RURAL SETTINGS IN HIGH CRIME AREAS, TOGETHER WITH A SPECIALIZED PROGRAM OF INTERVENTION AND PREVENTION, TO ESTABLISH AN ADVISORY COMMITTEE COMPOSED OF VARIOUS AGENCY REPRESENTATIVES CONVENED BY THE STATE LAW ENFORCEMENT DIVISION TO PROVIDE TRAINING AND TECHNICAL ASSISTANCE TO CLUSTER SCHOOLS SERVING AS DEMONSTRATION SITES, TO ESTABLISH A STATEWIDE SCHOOLHOUSE SAFETY RESOURCE CENTER AT THE DEPARTMENT OF EDUCATION TO PROVIDE TECHNICAL ASSISTANCE AND TRAINING TO SCHOOLS REGARDING SCHOOL VIOLENCE AND STRATEGIES FOR COLLABORATING WITH OTHER AGENCIES AND THE COURTS TO PREVENT THIS PROBLEM, TO REQUIRE CONFLICT RESOLUTION STRATEGIES TO BE TAUGHT TO JUVENILES IN CONFINEMENT FACILITIES, TO REQUIRE PARENTS OF CHILDREN IDENTIFIED AS IN NEED OF SERVICES OR COUNSELING TO PARTICIPATE IN CERTAIN CASE MANAGEMENT MEETINGS REGARDING THEIR CHILDREN AT THE REQUEST OF SCHOOL OFFICIALS AND TO PROVIDE PENALTIES FOR FAILURE TO PARTICIPATE, TO REQUIRE SCHOOL OFFICIALS TO REPORT CERTAIN CRIMINAL BEHAVIOR BY STUDENTS TO APPROPRIATE LAW ENFORCEMENT AGENCIES, TO REQUIRE THE STATE BOARD OF EDUCATION TO PROMULGATE CERTAIN REGULATIONS REGARDING PARENTING, FAMILY LITERACY, AND PARENTAL INVOLVEMENT PROGRAMS, TO PROVIDE FOR CONTINUING LEGAL EDUCATION SEMINARS IN ISSUES OF YOUTH VIOLENCE FOR ATTORNEYS LICENSED TO PRACTICE IN THIS STATE; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1331 SO AS TO AUTHORIZE FAMILY COURT JUDGES TO ORDER AS A CONDITION OF PROBATION CERTAIN CHILDREN TO PARTICIPATE IN A SPECIAL ALTERNATIVE CONFINEMENT UNIT; BY ADDING SECTION 20-7-1351 SO AS TO AUTHORIZE THE FAMILY COURT TO REQUIRE PARENTS TO APPEAR BEFORE IT REGARDING CERTAIN BEHAVIOR OF THEIR CHILD AND TO PARTICIPATE IN THE ASSESSMENT OF THE FAMILY OR IN FAMILY PARTICIPATION TREATMENT SERVICES TO IMPROVE THAT BEHAVIOR; BY ADDING SECTION 20-7-1352 SO AS TO PROVIDE THAT THE FAMILY COURT SHALL REQUIRE ACCEPTABLE SCHOOL ATTENDANCE AND APPROPRIATE BEHAVIOR AS A PART OF ANY PROBATION ORDER INVOLVING CHILDREN; BY ADDING SECTION 20-7-1353 SO AS TO PROVIDE THAT PROBATION AND PAROLE COUNSELORS ARE REQUIRED TO ASSIST IN THE RE-ENROLLMENT OF ALL THEIR CLIENTS WHO ARE CHILDREN IN THE PUBLIC SCHOOLS UPON THE CHILDREN BEING RELEASED FROM CONFINEMENT FACILITIES; AND BY ADDING SECTION 20-7-3236 SO AS TO PROVIDE THAT THE DEPARTMENT OF JUVENILE JUSTICE SHALL ESTABLISH A SHORT-TERM SPECIAL ALTERNATIVE CONFINEMENT UNIT FOR CERTAIN NONVIOLENT JUVENILES.

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

S. 1325 -- Senators Moore, Short and Jackson: A BILL TO AMEND SECTION 20-7-5910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHILD FATALITY ADVISORY COMMITTEE, SO AS TO ADD A FORENSIC PATHOLOGIST AND TWO MEMBERS AT LARGE; TO AMEND SECTION 20-7-5915, RELATING TO DUTIES OF THE STATE LAW ENFORCEMENT DIVISION, DEPARTMENT OF CHILD FATALITIES, SO AS TO PROVIDE THAT AN AUTOPSY MUST BE PERFORMED BY A PATHOLOGIST WITH FORENSIC TRAINING RATHER THAN BY A FORENSIC PATHOLOGIST; AND TO AMEND SECTION 17-5-275, RELATING TO AN INSPECTION OF A HOME IN WHICH A CHILD FATALITY OCCURRED SO AS TO PROVIDE THAT THE PETITION MAY BE MADE TO AND AN INSPECTION WARRANT ISSUED BY A LOCAL MAGISTRATE RATHER THAN THE CIRCUIT COURT.

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

H. 4971 -- Reps. Hallman, Walker, Simrill, Harrell, Beatty, Moody-Lawrence, Robinson, Trotter, Graham, Stuart, D. Wilder, Phillips, Marchbanks, McTeer, Holt, J. Bailey, Fair, Wells, Davenport, J. Wilder, Gamble and Kirsh: A JOINT RESOLUTION TO AUTHORIZE THE STATE DEPARTMENT OF EDUCATION TO TRANSFER UP TO FIVE HUNDRED THOUSAND DOLLARS OF FISCAL YEAR 1993-94 APPROPRIATIONS FOR THE EDUCATION FINANCE ACT TO COVER OPERATING EXPENSES OF SCHOOL BUS SHOPS.

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

Senators PASSAILAIGUE, RICHTER and SETZLER proposed the following amendment (EDUC\LEGIS\AMEND\4971.01):

Amend the bill, as and if amended, on page 1, line 23 after the word shops by adding:

/obligated and paid during fiscal year 1993-94. Immediately after closing the financial records for fiscal year 1993-94, the Department of Education must transfer all unexpended funds transferred for school bus maintenance from the Education Finance Act to the School Building Fund./

Amend title to conform.

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

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

Senators MITCHELL, GIESE, LAND, BRYAN and MATTHEWS proposed the following Amendment No. 122 (PT\1251AC.94), which was adopted:

Amend the bill, as and if amended, Part II, by adding a new SECTION to read:

TO PROVIDE THAT FUNDS FOR THE OPERATION OF THE DEPARTMENT OF PROBATION, PARDON, AND PAROLE'S RESTITUTION CENTERS MUST BE ALLOCATED TO THE DEPARTMENT FOR THE DEPARTMENT TO OPERATE THESE CENTERS RATHER THAN FOR THE DEPARTMENT TO CONTRACT FOR THE OPERATION OF THESE CENTERS.

A. The Department of Probation, Parole, and Pardon's (department) allocation of 1.8 million dollars to contract with the Department of Corrections for the operation of the department's restitution centers must be allocated to the department for the department to operate these centers.

B. This section takes effect July 1, 1994.

Amend sections, totals and title to conform.

Senator BRYAN explained the amendment.

The amendment was adopted.

Senators SALEEBY, LAND and HAYES proposed the following Amendment No. 123 (CYY\16245AC.94), which was adopted:

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

TO REAUTHORIZE THE SOUTH CAROLINA STATE BOARD OF DENTISTRY FOR SIX YEARS.

In accordance with Section 1-20-60 of the 1976 Code, the South Carolina State Board of Dentistry is reauthorized for six years./

Amend sections, totals and title to conform.

The amendment was adopted.

Senators RICHTER and WILSON proposed the following Amendment No. 125 (4820R214.LER), which was adopted:

Amend the bill, as and if amended, Part II, page 706, left column, line 30, by adding a new section to read:

TO AMEND CHAPTER 3, TITLE 23 OF THE CODE OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA LAW-ENFORCEMENT DIVISION, SO AS TO CREATE A SEX OFFENDER REGISTRY WHICH REQUIRES STATE RESIDENTS WHO HAVE BEEN CONVICTED OF SEX OFFENSES TO REGISTER WITH THE SHERIFF OF THE COUNTY IN WHICH THEY RESIDE.

A. Chapter 3, Title 23 of the 1976 Code is amended by adding:

Section 23-3-400. The intent of this article is to promote the State's fundamental right to provide for public health, welfare and safety of its citizens. Notwithstanding this legitimate state purpose, these provisions are not intended to violate the guaranteed constitutional rights of those who have violated our nation's laws.

The sex offender registry will provide law enforcement with the tools needed in investigating criminal offenses. Statistics show that sex offenders often pose a high risk of re-offending. Additionally, law enforcement's efforts to protect communities, conduct investigations, and apprehend offenders who commit sex offenses, are impaired by the lack of information about these convicted offenders who live within the law enforcement agency's jurisdiction.

Section 23-3-410. The registry is under the direction of the chief of the State Law Enforcement Division (SLED) and may be organized and structured in a manner as the chief considers appropriate to ensure the availability of information regarding the location of persons convicted of certain offenses. SLED shall develop and operate the registry to collect, analyze, and maintain information, to make information available to every enforcement agency in this State and in other states, and to establish a security system to ensure that only authorized personnel may gain access to information gathered under this article.

Section 23-3-420. The State Law Enforcement Division shall promulgate regulations prescribing:

(1) procedures for accepting and disseminating information maintained;

(2) the confidentiality of the data and information maintained in the registry;

(3) the proper disposition of all obsolete data;

(4) forms necessary for the efficient and proper operation of the registry.

Section 23-3-430. Any person, regardless of age, residing in the State of South Carolina who has been convicted in this State, or who has been convicted in any comparable court in the United States, or who has been convicted in the United States federal courts, of the offenses described below or of similar offenses in other jurisdictions shall be required to register pursuant to the provisions of this Article. For purposes of this article, a person convicted of any of these offenses shall be referred to as an offender.

(1) criminal sexual conduct in the first degree (Section 16-3-652)

(2) criminal sexual conduct in the second degree (Section 16-3-653)

(3) criminal sexual conduct in the third degree (Section 16-3-654)

(4) criminal sexual conduct with minors (Section 16-3-655)

(5) engaging a child for sexual performance (Section 16-3-810)

(6) producing, directing or promoting sexual performance by a child (Section 16-3-820)

(7) criminal sexual conduct: assaults with intent to commit (Section 16-3-656)

(8) kidnapping (Section 16-3-910)

(9) incest (Section 16-15-20)

(10) buggery (Section 16-15-120)

(11) indecent exposure (Section 16-15-130)

(12) committing or attempting lewd act upon child under fourteen (Section 16-15-140)

(13) eavesdropping or peeping (Section 16-17-470)

(14) conspiracy to kidnap (Section 16-3-920)

(15) the mere possession of child pornography (Section 16-15-300).

Section 23-3-440. (1) Prior to an offender's release from the Department of Corrections after completion of the term of imprisonment, or being placed on parole, the Department of Corrections or the Department of Probation, Parole and Pardon Services, as applicable, shall notify the sheriff of the county where the offender intends to reside and SLED that the offender is being released and has provided an address within the jurisdiction of the sheriff for that county. The Department of Corrections shall provide verbal and written notification to the offender that he must register with the sheriff of the county in which he intends to reside within twenty-four hours of his release. Further, the Department of Corrections shall obtain descriptive information of the offender, including a current photograph prior to release.

(2) The Department of Probation, Parole and Pardon Services shall notify SLED and the sheriff of the county where an offender is residing when the offender is sentenced to probation or is a new resident of the State who must be supervised by the department. The Department of Probation, Parole and Pardon Services also shall provide verbal and written notification to the offender that he must register with the sheriff of the county in which he intends to reside. An offender who is sentenced to probation must register within ten days of sentencing. Further, the Department of Probation, Parole and Pardon Services shall obtain descriptive information of the offender, including a current photograph that is to be updated annually prior expiration of the probation sentence.

(3) The Department of Juvenile Justice shall notify SLED and the sheriff of the county where an offender is residing when the offender is released from a Department of Juvenile Justice facility or when the Department of Juvenile Justice is required to supervise the actions of the juvenile. The Department of Juvenile Justice must provide verbal and written notification to the juvenile and his parent, legal guardian, or custodian that the juvenile must register with the sheriff of the county in which the juvenile resides. The juvenile must register within twenty-four hours of his release or within ten days if he was not confined to a Department of Juvenile Justice's facility.

(4) The Department of Corrections, the Department of Probation, Parole and Pardon Services, and the Department of Juvenile Justice shall provide to SLED the initial registry information regarding the offender prior to his release from imprisonment or relief of supervision. This information shall be collected in the event the offender fails to register with his county sheriff.

Section 23-3-450. The offender shall register with the sheriff of the county in which he resides. To register, the offender must provide information as prescribed by the SLED. The county sheriff shall then forward to SLED the registry information and any updated information regarding the offender. A copy of this information must be kept by the sheriff's department.

Section 23-3-460. Any person required to register under this article shall be required to register annually for a period of life. The offender shall register at the sheriff's department in the county where he resides.

If any person required to register under this article changes his address within the same county, that person must send written notice of the change of address to the county sheriff within ten days of establishing the new residence.

If any person required to register under this section changes his address into another county in South Carolina, the person must register with the county sheriff in the new county within ten days of establishing the new residence. The person must also provide written notice within ten days of the change of address in the previous county to the county sheriff with whom the person last registered.

If any person required to register under this article moves outside of South Carolina, the person must provide written notice within ten days of the change of address to a new state to the county sheriff with whom the person last registered.

If any person required to register under this article moves to South Carolina from another state and is not under the jurisdiction of the State Department of Corrections, the State Probation and Parole Services, or the Department of Juvenile Justice at the time of moving to South Carolina, must register within sixty days of establishing residence, or re-establishing residence, if the person is a former South Carolina resident.

The South Carolina Department of Motor Vehicles shall inform in writing to any new resident who applies for a drivers license, a chauffeur's license, vehicle tag or a state identification card the obligation of those offenders to register.

Section 23-3-470. It is the duty of the offender to contact the sheriff in order to register. The failure of an offender to register as required by this article is a felony and, upon conviction, the offender must be:

(1) fined one thousand dollars and sentenced to a mandatory ninety days in jail for a first or second offense. In no event does the court have the power to absolve a person who willfully violates this section; and

(2) sentenced to a mandatory one year not to exceed five years imprisonment and may be fined one thousand dollars for a third or subsequent offense. In no event does the court have the power to absolve a person who willfully violates this section from the obligation of serving at least one year of imprisonment.

Section 23-3-480. An arrest on charges of failure to register, service of an information, or a complaint for failure to register, or arraignment on charges of failure to register, constitutes actual notice of the duty to register. A person charged with the crime of failure to register who asserts as a defense the lack of notice of the duty to register shall register immediately following actual notice through arrest, service, or arraignment. Failure to register after notice as required by this article constitutes grounds for filing another charge of failure to register. Registering following arrest, service, or arraignment on charges does not relieve the offender from the criminal penalty for failure to register before the filing of the original charge.

Section 23-3-490. Information collected for the offender registry shall not be open to inspection by the public. The information will be made available only to law enforcement, investigative agencies and those authorized by the court."

B. This section takes effect July 1, 1994.

Amend sections, totals and title to conform.

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

Senator RICHTER moved that the amendment be adopted.

The amendment was adopted.

Senators RICHTER and WILSON proposed the following Amendment No. 124A (4820R236.LER), which was adopted:

Amend the bill, as and if amended, Part IA, Section 6B, Governor's Office - State Law Enforcement Division, page 37, line 30 by:

COLUMN 7 COLUMN 8

STRIKING: 2,461,563 894,448

( ) ( )

INSERTING: 2,461,663 894,548

( ) ( )

Amend sections, totals and title to conform.

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

Senator RICHTER moved that the amendment be adopted.

The amendment was adopted.

Senators THOMAS and WILSON proposed the following Amendment No. 129A (JIC\6049HTC.94), which was adopted:

Amend the bill, as and if amended, Part II, by adding a new section to read:

TO AMEND SECTION 12-37-250, AS AMENDED, OF THE 1976 CODE, RELATING TO THE HOMESTEAD TAX EXEMPTION, SO AS TO INCREASE THE AMOUNT OF REAL PROPERTY EXEMPTED FROM TAXATION FROM THE FIRST TWENTY THOUSAND DOLLARS OF FAIR MARKET VALUE TO THE FIRST TWENTY-FIVE THOUSAND DOLLARS FOR PERSONS WHOSE GROSS INCOME IS TWENTY THOUSAND DOLLARS OR LESS.

A. The first paragraph of Section 12-37-250 of the 1976 Code, as last amended by Act 530 of 1990, is further amended to read:

"The first twenty thousand dollars of the fair market value of the dwelling place of a person, plus an additional five thousand dollars for a person whose gross annual income from all sources is twenty thousand dollars or less, is exempt from county, municipal, school, and special assessment real estate property taxes when the person has been a resident of this State for at least one year and has reached the age of sixty-five years on or before December thirty-first, the person has been classified as totally and permanently disabled by a state or federal agency having the function of classifying persons, or the person is legally blind as defined in Section 43-25-20, preceding the tax year in which the exemption is claimed and holds complete fee simple title or a life estate to the dwelling place. A person claiming to be totally and permanently disabled, but who has not been classified by one of the agencies, may apply to the State Agency of Vocational Rehabilitation. The agency shall make an evaluation of the person using its own standards. The exemption includes the dwelling place when jointly owned in complete fee simple or life estate by husband and wife, and either has reached sixty-five years of age, or is totally and permanently disabled, or legally blind under this section, before January first of the tax year in which the exemption is claimed, and either has been a resident of the State for one year. The exemption must not be granted for the tax year in which it is claimed unless the person or his agent makes written application for the exemption before July sixteenth of that tax year. If the person or his agent makes written application for the exemption after July fifteenth, the exemption must not be granted except for the succeeding tax year for a person qualifying under this section when the application is made. However, if application is made after July fifteenth of that tax year but before the first penalty date on property taxes for that tax year by a person qualifying under this section when the application is made, the taxes due for that tax year must be reduced to reflect the exemption provided in this section. The application for the exemption must be made to the auditor of the county and to the governing body of the municipality in which the dwelling place is located upon forms provided by the county and municipality and approved by the Comptroller General, and a failure to apply constitutes a waiver of the exemption for that year. Beginning with tax year 1979 the auditor, as directed by the Comptroller General, shall notify the municipality of all applications for a homestead exemption within the municipality and the information necessary to calculate the amount of the exemption. `Dwelling place' means the permanent home and legal residence of the applicant."

B. This section is effective for tax years beginning after 1994./

Amend sections, totals and title to conform.

Senator DRUMMOND raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.

Senators LEATHERMAN and THOMAS spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

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

Senator THOMAS moved that the amendment be adopted.

The amendment was adopted.

At 3:30 P.M., Senator GIESE requested a leave of absence for the balance of the day.

Senator LANDER proposed the following Amendment No. 131 (4820R104.JAL), which was adopted:

Amend the bill, as and if amended, Part 1B, Section 15, Adjutant General's Office, page 537, left column, line 7, by adding a new proviso to read:

/15. (ADJ: Out-of-State Commissioned Officers) Funds may be expended to enlist any person as a commissioned or warrant officer who is a citizen of the United States or who has formally declared intention to seek citizenship in the United States, who is willing to take the prescribed oath to serve the State of South Carolina and who meets the criteria established by the Director, South Carolina State Guard, for the grade in which enlisted or commissioned./

Amend sections, totals and title to conform.

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

The amendment was adopted.

Senator LANDER proposed the following Amendment No. 132 (4820R216.JAL), which was adopted:

Amend the bill, as and if amended, Part II, page 706, right column, line 30, by adding a new section to read:

TO AMEND SECTION 25-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT AND QUALIFICATIONS OF COMMISSIONED OFFICERS IN THE STATE GUARD, SO AS TO PROVIDE THAT THE STATE GUARD MAY ENLIST ANY CITIZEN OF THE UNITED STATES RATHER THAN SOUTH CAROLINA CITIZENS ONLY.

Section 25-1-510 of the 1976 Code is amended to read:

"Section 25-1-510. All commissioned and warrant officers of the South Carolina National Guard shall be appointed and commissioned or warranted by the Governor. No person shall be appointed and commissioned or warranted unless he shall be a citizen of the United States and a resident of this State. The State Guard may enlist or commission any person who is a citizen of the United States or who has formally declared intention to seek citizenship in the United States, who is willing to take the prescribed oath to serve the State of South Carolina and who meets the criteria established by the Director, South Carolina State Guard, for the grade in which enlisted or commissioned. His age shall conform to the age requirements as set forth in the regulations issued by the National Guard Bureau and that are in effect at the time of appointment. Every commissioned or warrant officer shall hold office under his commission or warrant until he shall have been regularly appointed and commissioned or warranted to another grade or office or until he shall have been regularly retired, discharged, dismissed or placed in an inactive status."/

Amend sections, totals and title to conform.

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

The amendment was adopted.

Having voted on the prevailing side, Senator PATTERSON asked unanimous consent to make a motion to reconsider the vote whereby Amendment No. 123 (CYY\16245AC.94) proposed by Senators SALEEBY, LAND and HAYES was adopted.

At 3:40 P.M., Senator MOORE assumed the Chair.

Senator PATTERSON argued in favor of the motion to reconsider.

Senator MACAULAY spoke on the motion.

On motion of Senator PATTERSON, with unanimous consent, the motion to reconsider was withdrawn.

Senators WILSON and DRUMMOND proposed the following Amendment No. 133 (JIC\6050HTC.94), which was adopted:

Amend the bill, as and if amended, Part II, by adding a new section to read:

TO AMEND SECTION 2-7-76 OF THE 1976 CODE, RELATING TO THE REQUIREMENT FOR A FISCAL IMPACT STATEMENT ON A BILL REQUIRING THE EXPENDITURE OF FUNDS BY A COUNTY OR MUNICIPALITY SO AS TO EXTEND THE REQUIREMENT TO A BILL RELATING TO TAXES FOR ALL POLITICAL SUBDIVISIONS OF THE STATE.

Section 2-7-76 of the 1976 Code, as added by Act 171 of 1991, is amended to read:

"Section 2-7-76. Whenever a bill or resolution requires a county or municipality to expend funds allocated to the county or municipality from Aid to Subdivisions in the State General Appropriations Act under Chapter 27 of Title 6, or whenever a bill or resolution is introduced in the General Assembly to require the expenditure of funds by a county or municipality, or whenever a bill or resolution requires the use of county or municipal personnel, facilities, or equipment to implement a general law or regulations promulgated pursuant to a general law, or whenever a bill relates to taxes imposed by political subdivisions, the chairman of the legislative committee to which the bill or resolution was referred shall direct the Budget Division or the Department of Revenue and Taxation, as appropriate, to prepare and affix to it a statement of the estimated fiscal or revenue impact and cost to the counties and municipalities of the proposed legislation prior to the legislation being reported out of that committee. A revised estimated fiscal or revenue impact and cost statement must be prepared at the direction of the presiding officer of the House of Representatives or the Senate by the Budget Division or Department of Revenue and Taxation prior to third reading of the bill or resolution, if there is a significant amendment to the bill or resolution. For purposes of this section, political subdivision means a county, municipality, school district, special purpose district, public service district, or consolidated political subdivision."/

Amend sections, totals and title to conform.

Senator WILSON explained the amendment.

Senator WILSON moved that the amendment be adopted.

The amendment was adopted.

Senator LEVENTIS proposed the following Amendment No. 138A (CYY\16259AC.94), which was adopted:

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

TO AMEND SECTION 48-39-145, AS AMENDED, OF THE 1976 CODE, RELATING TO PERMITS FOR ALTERATION OF CRITICAL AREAS IN THE COASTAL TIDELANDS AND WETLANDS, SO AS TO INCREASE THE AMOUNT FROM FIFTY DOLLARS TO FIFTY-ONE DOLLARS THAT THE DEPARTMENT MAY CHARGE FOR AN APPLICATION FEE; TO PROVIDE REQUIREMENTS FOR CONSTRUCTION OF MARINA AND COMMERCIAL DOCK FACILITIES; AND TO DELETE THE PROVISIONS FOR FORWARDING FEES.

A. Section 48-39-145 of the 1976 Code, as last amended by Section 1235, Act 181 of 1993, is further amended to read:

"Section 48-39-145. (A) The department may charge an administrative fee upon application for a permit for alteration of any a critical area as defined in Section 48-39-10. Applications for permits which are noncommercial/nonindustrial in nature and provide personal benefits that have no connection with a commercial/industrial enterprise shall must be charged an administrative fee not to exceed fifty fifty-one dollars. A reasonable fee, determined by the department, will must be charged for permit applications when the planned or ultimate purpose of the activity is commercial or industrial in nature.

(B) Any fees collected under this provision shall be forwarded to the State Treasurer for credit to the general fund. Permit applicants for construction of marina and commercial dock facilities pursuant to this section are not required to demonstrate a need for the facilities before consideration of the application."

B. This section takes effect July 1, 1994./

Renumber sections to conform.

Amend totals and title to conform.

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

Senator LEVENTIS moved that the amendment be adopted.

The amendment was adopted.

Senators STILWELL and MOORE proposed the following Amendment No. 142 (N05\7895HTC.94), which was tabled:

Amend the bill, as and if amended, Part II, by adding a new section to read:

TO AMEND SECTION 12-7-20, AS AMENDED, OF THE 1976 CODE, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986.

A. Section 12-7-20(11) of the 1976 Code, as last amended by Section 7, Part II, Act 164 of 1993, is further amended to read:

"(11) `Internal Revenue Code' means the Internal Revenue Code of 1986 as amended through December 31, 1992 1993."

B. This section takes effect January 1, 1995./

Amend sections, totals and title to conform.

Senator STILWELL argued in favor of the adoption of the amendment and Senator DRUMMOND argued contra.

Senator DRUMMOND moved to lay the amendment on the table.

The amendment was laid on the table.

Senator MACAULAY proposed the following Amendment No. 143 (4820R102.ASM), which was adopted:

Amend the bill, as and if amended, Part II, page 706, line 30, right column, by adding a new section to read:

TO AMEND SECTION 1-20-50, CODE OF LAWS OF SOUTH CAROLINA, RELATING TO TERMINATION DATES FOR PARTICULAR AGENCIES, SO AS TO DELETE CERTAIN AGENCIES FROM SUNSET CONSIDERATION AND TO SPECIFY FUNDING FOR THEIR CONTINUATION.

A. Section 1-20-50 of the 1976 Code is amended to read:
"Section 1-20-50. The programs, functions, and regulations promulgated by the following state agencies must be terminated as provided in this chapter pursuant to the following schedule:

(A) June 30, 1990, is the termination date for:

(1) Board of Funeral Services

(2) State Board of Examiners for Registered Environmental Sanitarians
[Not reauthorized]

(3) State Board of Social Work Examiners

(4) State Cemetery Board [Not reauthorized]

(5) Board for Barrier-Free Design

(6 1) Board of Landscape Architectural Examiners

(7) Board of Architectural Examiners

(8) Athletic Trainers' Advisory Committee

(B) June 30, 1991, is the termination date for:

(1) Commissioners of Pilotage for the Port of Charleston

(2 1) Polygraph Examiners

(3 2) Private Detective and Private Security Agencies

(4) Board of Registration for Foresters

(5 3) South Carolina Coordinating Council for Economic Development
[Abolished by creation of an Advisory Coordinating Council for Economic Development of the Department of Commerce]

(6) State Board of Examiners for Professional Counselors, Associate Counselors, and Marital and Family Therapists

(7) The South Carolina Auctioneer's Commission

(8 5) The Commission of Hearing Aid Dealers and Fitters

(C) June 30, 1992, is the termination date for:

(1) [Repealed effective February 1, 1995] Insurance Commission
[Abolished by creation of a Department of Insurance]

(2) Board of Barber Examiners

(3) Board of Cosmetology

(4) Board of Accountancy

(5) Board of Examiners for Nursing Home Administrators

(6 2) Respiratory Care Committee

(7 3) Certification of Operators of Sources of Ionizing Radiation (Radiological Technicians) [Not reauthorized]

(8) Board of Registration for Geologists

(D) June 30, 1993, is the termination date for:

(1) Board of Pharmacy [Not reauthorized]

(2) Board of Medical Examiners

(3) Board of Veterinary Medical Examiners [Not reauthorized]

(4) Board of Nursing

(5) Board of Chiropractic Examiners

(E) June 30, 1994, is the termination date for:

(1) Board of Podiatry Examiners

(2) Board of Examiners in Optometry

(3) Board of Examiners in Opticianry

(4) Board of Physical Therapy Examiners

(5) Board of Examiners in Psychology

(6) Board of Examiners in Speech Pathology and Audiology

(7) Board of Occupational Therapy

(8) Board of Dentistry

(F D) June 30, 1995, is the termination date for:

(1) Manufactured Housing Board

(2) Real Estate Commission

(3) Residential Home Builders Commission

(4) Licensing Board for Contractors

(5) Board of Registration for Professional Engineers and Land Surveyors

(6) Board of Certification of Environmental Systems Operators

(7 1) Public Service Commission."/

B. The agencies deleted from Section 1-20-50 by subsection A. will retain their current funding status and will remain in existence to continue their responsibilities assigned under the law. In addition, the Reorganization Commission will not expend any FY 1995 budgeted funds in the review of the agencies deleted from Section 1-20-50 by this section.

C. The annotations in brackets are purely intended as information in the nature of editor's notes or comments and is not part of the Code of Laws./

Amend sections, totals and title to conform.

Senator MACAULAY argued in favor of the adoption of the amendment and Senator DRUMMOND argued contra.

Senator DRUMMOND moved to lay the amendment on the table.

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

Drummond Ford Glover
Land Leatherman Leventis
Matthews Patterson Peeler
Smith, J.V. Washington

Bryan Cork Courson
Courtney Elliott Gregory
Hayes Jackson Lander
Macaulay Martin McConnell
McGill Mescher Moore
O'Dell Passailaigue Rankin
Reese Richter Rose
Russell Ryberg Saleeby
Setzler Smith, G. Stilwell
Thomas Waldrep Wilson

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

Senator DRUMMOND moved to carry over Amendment No. 143.

Senator MACAULAY moved to table the motion to carry over.

By a division vote of 21 to 9, the motion to carry over Amendment No. 143 was tabled.

The question then was the adoption of the amendment.

Senator DRUMMOND argued contra to the adoption of the amendment.

At 4:30 P.M., Senator LANDER requested a leave of absence for the balance of the day.

Senator DRUMMOND continued arguing contra to the adoption of the amendment.

At 4:45 P.M., Senator BRYAN requested a leave of absence beginning at 5:00 P.M., for the balance of the day.

At 4:53 P.M., the PRESIDENT assumed the Chair.

Senator DRUMMOND continued arguing contra to the adoption of Amendment No. 143.

At 4:55 P.M., on motion of Senator LAND, with unanimous consent, Senator DRUMMOND retaining the floor, the Senate receded from business not to exceed ten minutes.

At 5:00 P.M., the Senate resumed.

Senator DRUMMOND argued contra to the adoption of Amendment No. 143.

The amendment was adopted.

Senator ROSE proposed the following Amendment No. 145 (4820R221.MTR), which was tabled:

Amend the bill, as and if amended, Part II, page 706, right column, line 30, by adding a new section to read:

TO AMEND SECTION 56-3-251 OF THE 1976 CODE, RELATING TO BIENNIAL VEHICLE LICENSURE, SO AS TO PROVIDE THAT BEGINNING JULY 1, 1995 THE STATE SHALL REIMBURSE COUNTIES FOR ALL REASONABLE AND DOCUMENTED ADMINISTRATIVE COSTS INCURRED IN THE IMPLEMENTATION OF A COUNTY VEHICLE REGISTRATION AND LICENSURE PROGRAM, NOT TO EXCEED ONE DOLLAR PER LICENSE PLATE OR VEHICLE REGISTRANT WITHIN THE COUNTY.

Section 56-3-251 is amended by adding an appropriately numbered subsection to read:

( ) Beginning July 1, 1995, the State of South Carolina shall reimburse all reasonable and documented administrative costs incurred by each county in the implementation of a county vehicle registration and licensure program pursuant to section 56-3-195, not to exceed one dollar ($1.00) per license plate purchased or one dollar ($1.00) per vehicle registrant within the county.

Amend sections, totals and title to conform.

Senator DRUMMOND spoke on the amendment.

Senator DRUMMOND moved to lay the amendment on the table.

The amendment was laid on the table.

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

Senators HAYES, LEATHERMAN and PEELER proposed the following Amendment No. 146 (JIC\6053HTC.94), which was adopted:

Amend the bill, as and if amended, Part II, by adding a new section to read:

TO AMEND SECTION 4-29-67, AS AMENDED, OF THE 1976 CODE, RELATING TO THE FEE IN LIEU OF TAXES FOR CERTAIN MANUFACTURING PROJECTS, SO AS TO PROVIDE FOR A REDUCTION IN THE MINIMUM EIGHTY-FIVE MILLION INVESTMENT THRESHOLD BASED ON THE NUMBER OF JOBS CREATED BY THE PROJECT.

Section 4-29-67 of the 1976 Code, as last amended by Acts 123 and 181 of 1993, is further amended by adding at the end:

"(Z) Notwithstanding any provision of Section 4-29-60 or this section:

(1) If at least two hundred new full-time jobs are created within the time period for qualifying expenditures set forth in subsection (I), the minimum level of investment required in order for property to qualify for the payment in lieu of taxes (fee) as provided in this section is sixty million dollars.

(2) If at least three hundred new full-time jobs are created within the time period for qualifying expenditures set forth in subsection (I), the minimum level of investment required in order for property to qualify for the payment in lieu of taxes (fee) as provided in this section is forty million dollars.

(3) If at least four hundred new full-time jobs are created within the time period for qualifying expenditures set forth in subsection (I), the minimum level of investment required in order for property to qualify for the payment in lieu of taxes (fee) as provided in this section is twenty million dollars.

(4) If the dollar amount in item (1), (2), or (3) applies, the applicable amount is substituted for each reference in this section to eighty-five million dollars.

(5) For purposes of this subsection, the terms `full-time' and `new job' are defined as provided in Section 12-7-1220."/

Amend sections, totals and title to conform.

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

Senator LAND moved that the amendment be adopted.

The amendment was adopted.

Senator McCONNELL proposed the following Amendment No. 157B (4820R235.GFM), which was adopted:

Amend the bill, as and if amended, Part II, page 706, right column, line 30, by adding a new section to read:

TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM SALES TAX, SO AS TO EXEMPT POSTAGE PURCHASED BY A PERSON ENGAGED IN THE BUSINESS OF MAILING OR DIRECTING THE MAILING OF THE PRINTED ADVERTISING MATERIAL THROUGH THE UNITED STATES MAIL DIRECTLY TO CUSTOMERS OR POTENTIAL CUSTOMERS.

A. Section 12-36-2120 of the 1976 Code is amended by adding an appropriately numbered item to read:

"( ) Postage purchased by a person engaged in the business of selling advertising services for clients consisting of mailing, or directing the mailing of, printed advertising material through the United States mail directly to the client's customers or potential customers or by a person to mail or direct the mailing of printed advertising material through the United States mail to a potential customer."

B. The item added to Section 12-36-2120 of the 1976 Code by this Section is intended to be a clarification and not a change in existing law.

C. This section takes effect July 1, 1994.

Amend sections, totals and title to conform.

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

Senator DRUMMOND moved that the amendment be adopted.

The amendment was adopted.

Senator CORK proposed the following Amendment No. 158 (4820R107.HAC), which was adopted:

Amend the bill, as and if amended, Part II, page 706, right column, line 30, by adding a new section to read:

TO AMEND SECTION 12-36-110(1), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF A RETAIL SALE, SO AS TO INCLUDE IN THE DEFINITION COIN OPERATED TELEPHONE (COCOT) PROVIDERS.

Section 12-36-110(1) of the 1976 Code is amended by adding an appropriately numbered subsection to read:

"( ) sales of all local telecommunications services by local exchange companies (LECs) to customer owned coin-operated telephone (COCOT) providers, as those terms are defined by the South Carolina Public Service Commission. The COCOT providers that purchase these services in order to provide payphone services to their customers are considered to be the users and consumers of the services, and are not subject to sales tax for their subsequent sale of local telecommunications services to their COCOT customers."/

Amend sections, totals and title to conform.

Senator CORK explained the amendment.

The amendment was adopted.

Senator LAND proposed the following Amendment No. 165 (GJK\20926SD.94), which was adopted:

Amend the bill, as and if amended, Part II, by adding a new section to read:

TO AMEND SECTION 22-3-550 OF THE 1976 CODE, RELATING TO A MAGISTRATE'S JURISDICTION OVER MINOR CRIMINAL OFFENSES, SO AS TO PROVIDE A LIMITATION ON A MAGISTRATE'S POWER TO IMPOSE CONSECUTIVE TERMS OF IMPRISONMENT.

Section 22-3-550 of the 1976 Code is amended to read:

"Section 22-3-550. Magistrates have jurisdiction of all offenses which may be subject to the penalties of either a fine or forfeiture not exceeding five hundred dollars or imprisonment in a jail or workhouse not exceeding thirty days and may impose any sentence within those limits, singly or in the alternative. In addition, a magistrate may order restitution he considers appropriate.

However, a magistrate shall not have the power to sentence any person to consecutive terms of imprisonment totaling more than ninety days. The provisions of this paragraph do not effect the transfer of criminal matters from the general sessions court made pursuant to Section 22-3-545."/

Amend sections, totals and title to conform.

Senator LAND explained the amendment.

Senator LAND moved that the amendment be adopted.

The amendment was adopted.

Senators LAND, SETZLER, LEATHERMAN, MACAULAY, MOORE, PEELER, BRYAN, STILWELL, McGILL, O'DELL, PASSAILAIGUE, REESE, ELLIOTT, LANDER, MARTIN, RANKIN, RYBERG and LEVENTIS proposed the following Amendment No. 173 (N05\7897BDW.94), which was adopted:

Amend the bill, as and if amended, Part II, by adding a new section to read:

TO PROVIDE FOR THE "MOTOR VEHICLE CUSTOMER SERVICE ACT OF 1994"; TO AMEND THE 1976 CODE BY ADDING SECTION 56-3-2335 SO AS TO PROVIDE FOR LICENSED MOTOR VEHICLE DEALERS TO ISSUE FIRST-TIME MOTOR VEHICLE REGISTRATIONS AND LICENSE TAGS DIRECTLY FROM THE DEALERSHIP; TO AMEND SECTION 12-36-1710, AS AMENDED, RELATING TO THE CASUAL EXCISE TAX, SO AS TO CHANGE REFERENCES TO COMMISSION TO DEPARTMENT AND REVISE THE REQUIREMENTS FOR SUBMISSION OF A BILL OF SALE; TO AMEND SECTION 56-1-40, AS AMENDED, RELATING TO PERSONS TO WHOM A DRIVER'S LICENSE MUST NOT BE ISSUED, SO AS TO REVISE THE CONDITIONS TO WHICH THE PROHIBITION APPLIES; TO AMEND SECTION 56-1-50, AS AMENDED, RELATING TO A BEGINNER'S DRIVING PERMIT, SO AS TO REVISE THE TIME FOR WHICH THE PERMIT IS ISSUED AND ITS FEE; TO AMEND SECTION 56-1-80, AS AMENDED, RELATING TO APPLICATIONS FOR LICENSES AND PERMITS, SO AS TO INCLUDE PERMITS AS WELL AS LICENSES IN THE REQUIREMENT FOR VERIFICATION OF LIABILITY INSURANCE COVERAGE; TO AMEND SECTION 56-1-100, RELATING TO APPLICATIONS FOR LICENSES AND PERMITS BY UNEMANCIPATED MINORS, SO AS TO PROVIDE FOR VERIFICATION OF RENEWAL APPLICATIONS; TO AMEND SECTION 56-3-210, RELATING TO THE TIME REQUIRED TO PROCURE A MOTOR VEHICLE REGISTRATION AND LICENSE, SO AS TO EXTEND THE TIME; TO AMEND SECTION 56-3-230, RELATING TO APPLICATIONS FOR THE REGISTRATION AND LICENSING OF MOTOR VEHICLES, SO AS TO DELETE THE SIGNATURE ACKNOWLEDGEMENT REQUIREMENT FOR APPLICATIONS; TO AMEND SECTION 56-3-2320, AS AMENDED, RELATING TO DEALER AND WHOLESALER LICENSE PLATES, SO AS TO PROVIDE FOR THE USE OF DEALER LICENSE PLATES IN DRIVER EDUCATION PROGRAMS; TO AMEND SECTION 56-10-10, AS AMENDED, RELATING TO THE REQUIREMENT FOR MOTOR VEHICLE FINANCIAL SECURITY, SO AS TO REVISE THE INSURANCE EVIDENCE REQUIREMENT; AND TO AMEND SECTION 56-15-320, AS AMENDED, RELATING TO APPLICATIONS AND REQUIREMENTS FOR WHOLESALER AND DEALER LICENSES, SO AS TO DELETE THE BOND OR PROPER CONTINUATION CERTIFICATE REQUIREMENT BEFORE LICENSE RENEWAL.

A. This section is known as the "Motor Vehicle Customer Service Act of 1994".

B. The 1976 Code is amended by adding:

"Section 56-3-2335. The Department of Revenue and Taxation or its designated agent may allow licensed motor vehicle dealers to issue first time motor vehicle registrations and license tags directly from the dealership. A dealership shall apply to the department upon forms approved and provided by the department. The department may request information necessary to ensure the integrity of the current licensing system. The department may allow or refuse a dealership the right to issue motor vehicle registrations or license tags based upon criteria established by the department. If a dealership previously is denied the privilege to issue registrations and tags, upon meeting the established criteria, the dealership may be allowed to issue registrations or tags. If in the opinion of the department a bond is necessary to ensure the payment fees associated with the registering and licensing of a vehicle, the department may require a bond not to exceed the estimated value of new tags and validation stickers held by the dealership or the department's designated agent."

C. Section 12-36-1710(F) of the 1976 Code, as last amended by Section 74A, Act 612 of 1990, is further amended to read:

"(F) The commission department shall require every applicant for a certificate of title to supply information it considers necessary as to the time of purchase, the purchase price, and other information relative to the determination of fair market value. If the excise tax is based upon total purchase price as defined in this section, the commission department shall require a submission of a bill of sale, sworn to before a notary public, certified to be a true bill of sale and the signature of the owner subject to the perjury statutes of this State."

D. Section 56-1-40 of the 1976 Code, as last amended by Act 26 of 1993, is further amended to read:

"Section 56-1-40. The department shall may not issue a motor vehicle driver's license to or renew the driver's license of a person:

(1) who is under sixteen years of age, except that. However, the department may issue a beginner's or instruction permit as provided in Sections 56-1-50 and 56-1-60 to a person who is at least fifteen years of age, and except that the department may issue a special restricted driver's license to a person who is at least fifteen years old of age and less than sixteen years of age as provided in Section 56-1-180;

(2) whose driver's license or privilege to operate a motor vehicle currently is suspended or revoked in this State or another jurisdiction or whose driver's license or privilege to operate a motor vehicle is subject to being suspended in this State or another jurisdiction as a result of a conviction or another adjudication which authorizes or requires the suspension or revocation of a motor vehicle driver's license under the laws of this State, except as otherwise provided for in this article chapter;

(3) who is an habitual user of alcohol or any other drug to a degree which renders prevents him incapable of from safely driving operating a motor vehicle;

(4) who previously has been adjudged to be afflicted with or suffering from a mental disability or mental disease and who has not at the time of application been restored to competency by methods provided by law who has a physical condition which prevents him from safely operating a motor vehicle;

(5) who is required by this article to take an examination, unless the person has successfully has passed the examination;

(6) who is required under the laws of this State to deposit provide proof of financial responsibility and who has not deposited provided the proof;

(7) who is not a resident of the United States South Carolina, except for students persons from other countries who are present in the United States South Carolina on a student visa or an individual working in South Carolina on a work visa or the dependents of the student or worker who may be issued a license to be renewed annually unless their country has entered into a reciprocal agreement with South Carolina governing drivers' licenses,. However, the granting of such a the license shall is not be used as evidence of meeting the residency requirements of Section 59-112-20;

(8) who may must not be issued a license as otherwise provided by the laws of this State."

E. Section 56-1-50, of the 1976 Code, as last amended by Act 486 of 1992, is further amended to read:

"Section 56-1-50. A person who is at least fifteen years of age may apply to the department for a beginner's permit. The department may, After the applicant has passed successfully passed all parts of the examination other than the driving test, the department may issue to the applicant a beginner's permit which entitles the applicant having the permit in his immediate possession to drive a motor vehicle on the public highways for not more than six twelve months. While driving the permittee must be accompanied by a licensed driver eighteen years of age or older who has had at least one year of driving experience, and who is occupying a seat beside the driver, except in the event when the permittee is operating a motorcycle. A three-wheel vehicle requires the accompanying driver to be directly behind the driver on a saddle-type seat or beside the driver on a bench-type seat. A beginner's permit may be renewed or a new permit issued for additional periods of six twelve months, but the department may refuse to renew or issue a new permit where the examining officer has reason to believe that the applicant has not made a bona fide effort to pass the required driver's road test or does not appear to the examining officer to have the aptitude to pass the road test. The fee for every beginner's or renewal permit is two dollars and fifty cents, and the permit must bear the full name, date of birth, and residence address, and a brief description and color photograph of the permittee and either a facsimile of the signature of the permittee or a space upon which the permittee shall write his usual signature with pen and ink immediately upon receipt of the permit. No permit is valid until it has been so signed by the permittee.

Any A student regularly enrolled in a high school of this State which conducts a driver training course shall is not be required to obtain a beginner's permit to operate a motor vehicle while the student is participating in the driver training course and when accompanied by a qualified instructor of the driver training course.

Also exempted from the requirement of the beginner's permit are persons enrolled in driver training courses conducted by driver training schools licensed under Chapter 23 of this title. Provided, However, that such these persons shall at all times must be accompanied by an instructor of the school and may drive only an automobile owned or leased by the school which is covered by liability insurance in an amount not less than the minimum required by law."

F. Section 56-1-80 of the 1976 Code, as last amended by Section 1298, Act 181 of 1993, is further amended to read:

"Section 56-1-80. Every application for a driver's license or permit must:

(1) be made upon the form furnished by the department;

(2) be accompanied by the proper fee, and acceptable proof of date and place of birth;

(3) contain the full name, date of birth, sex, race, and residence address of the applicant and briefly describe the applicant;

(4) state whether the applicant has been licensed as an operator or chauffeur and, if so, when and by what state or country; and

(5) state whether any such a license or permit has ever been suspended or revoked or whether an application has ever been refused and, if so, the date of and reason for such the suspension, revocation, or refusal.

Whenever application is received from a person previously licensed or permitted in another state, the Department of Revenue and Taxation in conjunction with the Department of Public Safety, shall request a copy of the applicant's record from the other state. When received, the record becomes a part of the driver's record in this State with the same force and effect as though entered on the operator's record in this State in the original instance. Every person who obtains a driver's license or permit for the first time in South Carolina, and every person who renews his driver's license or permit in South Carolina must be furnished a written request form for completion and verification of liability insurance coverage.

The completed and verified form or an affidavit prepared by the department that neither he, nor any a resident relative, owns a motor vehicle subject to the provisions of this chapter, must be returned to the department within thirty days from the date the license or permit is issued or renewed. Failure to return the form or affidavit results in the suspension of the newly issued or renewed driver's license or permit until a properly executed form or affidavit is returned to the department."

G. Section 56-1-100 of the 1976 Code is amended to read:

"Section 56-1-100. The application of any an unemancipated minor for a beginner's permit, instruction permit, or driver's license shall must be signed and verified before a person authorized to administer oaths by the father, mother, or guardian or, in the case of for all other minors, by some a responsible adult who is willing to assume the obligation imposed under this article upon a person signing the application of a minor. Upon the extension of a permit pursuant to Section 56-1-50, authorization by the father, mother, guardian, or a responsible adult is not required."

H. Section 56-3-210 of the 1976 Code is amended to read:

"Section 56-3-210. Persons newly acquiring these vehicles and owners of foreign vehicles being moved into this State and required to be registered under the provisions of this chapter may have a period of not exceeding thirty more than forty-five days in which to register and license them."

I. Section 56-3-230 of the 1976 Code is amended to read:

"Section 56-3-230. Every owner of a vehicle subject to registration and for which a license is required hereunder shall make application to the department for the registration and licensing of such the vehicle upon the appropriate form or forms furnished by the department. Every such application shall must bear the signature of the owner, and such signature shall be acknowledged by the owner before a person authorized to administer oaths."

J. Section 56-3-2320(A) of the 1976 Code, as last amended by Section 1388, Act 181 of 1993 and Section 105B, Part II, Act 164 of 1993, is further amended by inserting before the last unnumbered paragraph:

"A dealer license plate is allowed on a motor vehicle which the dealer lends to a public or private school for use in a driver education program. A plate used for this purpose may be obtained without fee and without regard to the limit on plates issued pursuant to this section. When the motor vehicle is no longer used for driver education, the dealer shall surrender the plate to the department."

K. Section 56-10-10 of the 1976 Code, as last amended by Section 1473, Act 181 of 1993, is further amended to read:

"Section 56-10-10. Every owner of a motor vehicle required to be registered in this State shall maintain the security required by Section 56-10-20 with respect to each such motor vehicle owned by him throughout the period the registration is in effect. No certificate of registration may be issued or transferred to an owner by the Director of the Department of Revenue and Taxation unless the owner or prospective owner produces satisfactory evidence that the security is in effect, including the name of the owner's automobile liability insurer, the name of the agent, the identification number of the insurance policy, and the effective dates of the policy, except in cases where other security is approved and his signed statement, subject to this state's perjury statutes, that insurance is in place as required by this section."

L. Section 56-15-320 of the 1976 Code, as last amended by Section 1485, Act 181 of 1993, is further amended to read:

"Section 56-15-320. (1)(A) Before any a license as a `wholesaler' or `dealer' is issued to an applicant, he must shall file an application with the department and furnish the information the department may require, including, but not limited to, information adequately identifying by name and address any individual individuals who owns own or controls control ten percent or more of the interest in the business. The policy of this section is full disclosure.

(2)(B) Each applicant for licensure as a dealer or wholesaler must shall furnish a surety bond in the penal amount of fifteen thousand dollars on a form to be prescribed by the director of the department. The bond must be given to the department and executed by the applicant, as principal, and by a corporate surety company authorized to do business in this State, as surety. The bond must be conditioned upon the applicant or licensee complying with the provisions of the statutes applicable to the license and as indemnification for any loss or damage suffered by an owner of a motor vehicle, or his legal representative, by reason of any fraud practiced or fraudulent representation made in connection with the sale or transfer of a motor vehicle by a licensed dealer or wholesaler or the dealer's or wholesaler's agent acting for the dealer or wholesaler or within the scope of employment of the agent or any loss or damage suffered by reason of the violation by the dealer or wholesaler or his agent, of any of the provisions of this chapter. An owner or his legal representative, who suffers the loss or damage has a right of action against the dealer or wholesaler and against the dealer's or wholesaler's surety upon the bond and may recover damages as provided in this chapter. A new bond or a proper continuation certificate must be delivered to the Department annually before the license is renewed. However, regardless of the number of years a bond remains in effect, the aggregate liability of the surety for any and all claims is limited to fifteen thousand dollars on each bond and to the amount of the actual loss incurred. The surety has the right to may terminate its liability under the bond by giving the department thirty days' written notice of its intent to cancel the bond. The cancellation does not affect any liability incurred or accrued prior to before the cancellation.

(3)(C) If, during any a license year, there is any a change in the information that a dealer or wholesaler gave the department in obtaining or retaining a license under this section, the licensee shall report the change to the department within thirty days after the change occurs on the form the department requires.

(4)(D) In the event If a licensee ceases being a dealer or wholesaler, he shall, within ten days thereafter of that time, he shall notify the department of this fact and return to the department any a license issued pursuant to this chapter and all current dealer license plates issued to the dealer or wholesaler."

M. This section takes effect January 1, 1995./

Amend sections, totals and title to conform.

Senator LAND explained the amendment.

Senator LAND moved that the amendment be adopted.

The amendment was adopted.

Senator McCONNELL proposed the following Amendment No. 174 (4820R234.GFM), which was adopted:

Amend the bill, as and if amended, Part II, page 706, right column, line 30, by adding a new section to read:

TO AMEND SECTION 12-36-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA SALES AND USE TAX ACT AND THE DEFINITIONS OF "RETAILER" AND "SELLER", SO AS TO PROVIDE THAT THE FURNISHING OF MULTIPLE LISTING SERVICES FOR A FEE SHALL NOT BE CONSTRUED AS A "MESSAGE"; AND TO STATE THE GENERAL ASSEMBLY'S INTENT IN ENACTING THIS ACT.

A. Section 12-36-70(1)(f) of the 1976 Code as added by part II, Section 74A of Act 612 of 1990, is amended to read:

"(f) selling or furnishing the ways or means for the transmission of the voice or of messages between persons in this State for a consideration. A person engaged in the business of selling or furnishing the ways and means for the transmission of the voice or messages as used in this subitem (f) is not considered a processor or manufacturer;. The furnishing of multiple listing services for a fee shall not be construed as a `message', as that term is used in this subitem;".

B. The sentence added to Section 12-36-70(1)(f) of the 1976 Code pursuant to Section 1 of this Section is intended to be a clarification and not a change in existing law.

C. This Section takes effect upon approval by the Governor.

Amend sections, totals and title to conform.

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

Senator McCONNELL moved that the amendment be adopted.

The amendment was adopted.

At 5:30 P.M., Senator SALEEBY requested a leave of absence until 10:00 A.M., Thursday, May 12, 1994.

Senator LEATHERMAN proposed the following Amendment No. 180 (GJK\20924SD.94), which was adopted:

Amend the bill, as and if amended, Part II, by adding a new section to read:

TO AMEND CHAPTER 55, TITLE 38 OF THE 1976 CODE, RELATING TO CONDUCT OF INSURANCE BUSINESS, BY ADDING ARTICLE 5 SO AS TO ENACT THE `OMNIBUS INSURANCE FRAUD AND REPORTING IMMUNITY ACT', AND INCLUDING PROVISIONS FOR, AMONG OTHER THINGS, CRIMINAL OFFENSES AND PENALTIES AND RESTITUTION, THE ESTABLISHMENT IN THE OFFICE OF THE ATTORNEY GENERAL OF A DIVISION TO BE KNOWN AS THE INSURANCE FRAUD DIVISION, AND THE FUNDING FOR SUCH OFFICE AND FOR OTHER SIMILAR INVESTIGATIVE SERVICES; AND TO AMEND THE 1976 CODE BY ADDING SECTION 42-9-440 SO AS TO AUTHORIZE THE WORKERS' COMPENSATION COMMISSION TO REFER ALL CASES OF SUSPECTED INSURANCE FRAUD TO THE INSURANCE FRAUD DIVISION FOR INVESTIGATION AND PROSECUTION IF WARRANTED; AND TO REPEAL SECTION 42-1-380, RELATING TO THE WAIVER OF EXEMPTION BY EMPLOYER WITH RESPECT TO THE MANDATORY PROVISIONS OF TITLE 42 (WORKERS' COMPENSATION) AND SECTION 42-1-530, RELATING TO DEFENSES WHICH ARE NOT AVAILABLE TO AN EMPLOYER WHEN NEITHER HE NOR THE EMPLOYEE IS UNDER TITLE 42.

A. Chapter 55 of Title 38 of the 1976 Code is amended by adding:

Section 38-55-510. This article may be cited as the `Omnibus Insurance Fraud and Reporting Immunity Act'.

Section 38-55-520. The purpose of this article is to define what constitutes insurance fraud; to facilitate the detection of insurance fraud; to allow reporting of suspected insurance fraud; to grant immunity for reporting suspected insurance fraud; to prescribe penalties for insurance fraud; to require restitution for victims of insurance fraud; and to establish a division within the Office of the Attorney General to prosecute insurance fraud.

Section 38-55-530. As used in this article:

(1) `Authorized agency' means any duly constituted criminal investigative department or agency of the United States or of this State; the Department of Insurance; the Department of Revenue and Taxation, Division of Motor Vehicles; Department of Public Safety; the Workers' Compensation Commission; the Office of the Attorney General of this State; or the prosecuting attorney of any judicial circuit, county, municipality, or political subdivision of this State or of the United States, and their respective employees or personnel acting in their official capacity.

(2) `Insurer' has the meaning set forth in Section 38-1-20(25) and includes any authorized insurer, self-insurer, reinsurer, broker, producer, or any agent thereof.

(3) `Person' means any natural person, company, corporation, unincorporated association, partnership, professional corporation, or other legal entity and includes any applicant, policyholder, claimant, medical provider, vocational rehabilitation provider, attorney, agent, insurer, fund, or advisory organization.

(4) `Insurance fraud' means any fraudulent conduct, act, or omission committed by any person in connection with an insurance transaction which is designed or intended to obtain an undeserved economic advantage or benefit if such conduct, act, or omission is done knowingly or with an intent to injure, defraud, or deceive.

Section 38-55-540. Any person or insurer who commits an insurance fraud, and any other person knowingly, with an intent to injure, defraud or deceive, who assists, abets, solicits, or conspires with such person or insurer to commit an insurance fraud, is guilty of a felony and, upon conviction, must be punished by a fine not to exceed fifty thousand dollars or by imprisonment for a term not to exceed five years, or both.

When appropriate, any person or insurer convicted of an insurance fraud may be required to make full restitution of any economic benefit or advantage which has been obtained through insurance fraud.

Section 38-55-550. (A) There is established in the Office of the Attorney General a division to be known as the Insurance Fraud Division, which shall prosecute insurance fraud.

(B) The Attorney General, upon receipt of any allegation of insurance fraud, is empowered to:

(1) refer the matter for investigation to the State Law Enforcement Division;

(2) prosecute persons determined to be in violation of Section 38-55-540 in a court of appropriate jurisdiction; and

(3) collect fines and restitution ordered by such courts.

(C) Where considered appropriate, the Attorney General may use the provisions of Article 3, Chapter 54 of Title 12, the Setoff Debt Collection Act to collect fines and restitution ordered as a result of actions brought pursuant to Section 38-55-540.

(D) The Insurance Fraud Division of the office of Attorney General and the investigative services of the State Law Enforcement Division as provided by this section must be funded by an appropriation of not less than two hundred thousand dollars annually from the general revenues of the State derived from the insurance premium taxes collected by the Department of Insurance or from fines assessed under Sections 38-55-170 and 38-55-540, or both, which must be deposited in the general fund of the State and credited to the office of the Attorney General and the State Law Enforcement Division to offset costs of the program. These monies must be shared equally by the agencies.

Section 38-55-560. (A) Any person or insurer having reason to believe that another has committed an insurance fraud or has knowledge of a suspected insurance fraud, for purposes of reporting and investigation, shall notify an authorized agency of the knowledge or belief and provide any additional information within his possession relative thereto.

(B) Upon request by an authorized agency, any person or insurer may release to such authorized agency any or all information relating to any suspected insurance fraud including, but not limited to:

(1) insurance policy information relevant to the investigation, including any application for such a policy;

(2) policy premium payment records, audits, or other documents which are available;

(3) history of previous claims, payments, fees, commissions, service bills, or other documents which are available; and

(4) other information relating to the investigation of the suspected insurance fraud.

(C) Any authorized agency provided with or obtaining information relating to a suspected insurance fraud as provided for above may release or provide the information to any other authorized agency. The Department of Insurance, the Department of Revenue and Taxation, Motor Vehicle Division, and the Department of Public Safety shall refer, but not adjudicate, all cases of suspected or reported insurance fraud to the Insurance Fraud Division of the Office of Attorney General for appropriate investigation or prosecution, or both. The Workers' Compensation Commission may refer such cases as provided in Section 42-9-440.

(D) Except as otherwise provided by law, any information furnished pursuant to this section is privileged and is not part of any public record. Any information or evidence furnished to an authorized agency pursuant to this section is not subject to subpoena or subpoena duces tecum in any civil or criminal proceeding unless, after reasonable notice to any person, insurer, or authorized agency which has an interest in the information and after a subsequent hearing, a court of competent jurisdiction determines that the public interest and any ongoing investigation will not be jeopardized by obeying the subpoena or subpoena duces tecum.

Section 38-55-570. (A) No person, insurer, or authorized agency, when acting without malice or in good faith, is subject to any civil or criminal liability by virtue of filing reports, cooperating with investigations by any authorized agency, or furnishing other information, whether written or oral, and whether in response to a request by an authorized agency or upon their own initiative, concerning any suspected, anticipated, or completed insurance fraud, when the reports or information are provided to or received by any authorized agency.

(B) Nothing herein abrogates or modifies in any way common law or statutory privilege or immunity heretofore enjoyed by any person, insurer, or authorized agency.

(C) Nothing herein limits the liability of any person or insurer who, with malice or in bad faith, makes a report of suspected fraud under the provisions of this article.

B. The 1976 Code is amended by adding:

"Section 42-9-440. The commission may refer all cases of suspected fraud to the Insurance Fraud Division of the Office of the Attorney General for investigation and prosecution, if warranted, pursuant to Article 5, Chapter 55, of Title 38, the Omnibus Insurance Fraud and Reporting Immunity Act."

C. Sections 42-1-380 and 42-1-530 of the 1976 Code are repealed.

D. This section takes effect July 1, 1994./

Amend sections, totals and title to conform.

Senator LEATHERMAN explained the amendment.

The amendment was adopted.

Senators MOORE, COURSON and LAND proposed the following Amendment No. 181 (4820R112.TLM), which was adopted:

Amend the bill, as and if amended, Part II, page 706, right column, line 30, by adding a new section to read:

TO AMEND SECTION 59-103-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION AND THE MANNER IN WHICH THE CHAIRMAN IS SELECTED; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS OF THE COMMISSION ON HIGHER EDUCATION TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY, SO AS TO INCLUDE THE GOVERNOR'S OFFICE AS A RECIPIENT OF SUCH RECOMMENDATIONS AND DELETE THE BUDGET AND CONTROL BOARD, AND PROVIDE THAT THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE, AS WELL AS THE BUDGET AND CONTROL BOARD, MAY REFER TO THE COMMISSION CERTAIN REQUESTS OF INSTITUTIONS OF HIGHER LEARNING; AND TO AMEND SECTION 59-103-90, RELATING TO THE PROFESSIONAL STAFF OF THE COMMISSION, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE COMMISSION TO SERVE AT ITS PLEASURE WITH NO GRIEVANCE RIGHTS, AND TO PROVIDE THAT THE OTHER PROFESSIONAL STAFF COMPLEMENT OF THE COMMISSION SHALL BE ESTABLISHED BY THE EXECUTIVE DIRECTOR RATHER THAN THE COMMISSION.

A. Section 59-103-10 of the 1976 Code is amended to read:

"Section 59-103-10. There In order to serve as an advocate, to provide for the efficient and effective distribution of appropriated funds, and to provide overview and oversight of the services provided by the public higher education institutions, there is created the State Commission on Higher Education. Two members must be appointed by the Governor from each congressional district upon the recommendation of the majority of the legislative delegation members from the district. Six members must be appointed by the Governor from the State at large with the advice and consent of the Senate. Members must be appointed for terms of four years and until their successors are appointed and qualify. No one is eligible to serve on the commission for more than two consecutive terms. A term served by a member which is less than a full four-year term must not be counted in determining when a member has served the maximum number of terms. No member may be an employee or member of a governing body of a public or private institution of higher learning in this State. The commission shall consist of eleven members appointed by the Governor. The membership must consist of one at-large member to serve as chairman, one representative from each of the six congressional districts, three representatives of the public colleges and universities, and one representative of the independent colleges and universities of South Carolina.

The membership of the Commission on Higher Education must be as follows:

(1) six members, one each to represent the six congressional districts of this State. These six members must be appointed by the Governor upon the advice and consent of the Senate. Each of these members must be a resident of the congressional district they represent and meet the minimum qualifications provided herein. In order to qualify for appointment, the representatives from the congressional districts must have experience in at least one of the following areas: business, the education of future leaders and teachers, management, or policy. A member representing the congressional districts must not have been, during the succeeding five year, a member of a governing body of a public institution of higher learning in this State and must not be employed or have immediate family members employed by any of the public colleges and universities of this State. These members must be appointed for terms of four years and shall not serve on the commission for more than two consecutive terms. Provided, however, the initial term of office for a member appointed from an even numbered congressional district shall be two years.

If the boundaries of the congressional districts are changed, members serving on the commission shall continue to serve until the expiration of their current terms, but successors to members whose terms expire must be appointed from the newly defined congressional districts. If a congressional district is added, the commission must be enlarged to include a representative from that district;

(2) three members to serve ex officio to represent the public colleges and universities. One member must be serving on the board of trustees of one of the following public senior research institutions: Medical University of South Carolina, Clemson University, and University of South Carolina. One member must be serving on the board of trustees of one of the following four-year public institutions of higher learning: Francis Marion University, Coastal Carolina University, Lander University, Winthrop University, The Citadel, South Carolina State University, College of Charleston, University of South Carolina-Spartanburg, and University of South Carolina-Aiken; provided, that if the representative for this group of schools is chosen from either the University of South Carolina-Spartanburg or the University of South Carolina-Aiken, the representative must be chosen from the local area Higher Education Commission rather than a board of trustees; provided, further that the representative may not be chosen from either the University of South Carolina-Spartanburg or the University of South Carolina-Aiken when the research institution represented on the board is the University of South Carolina. One member must be a member of one of the local area technical education commissions of the State Board for Technical and Comprehensive Education to represent the State Board for Technical and Comprehensive Education. These members must be appointed to serve terms of two years. No institution may be represented for more than one consecutive term;

(3) one ex officio member to represent the independent colleges and universities. The individual appointed must be serving as a member of the Advisory Council of Private College Presidents. This member must be appointed for a term of two years, may not serve more than two consecutive terms, and shall serve as a nonvoting member.

The Governor, by his appointments, shall assure that various economic interests and minority groups, especially women and blacks, are fairly represented on the commission and shall attempt to assure that the graduates of no one public or private college or technical college are dominant on the commission. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term. The chairman of the commission must be elected annually by the members of the commission and may not serve as chairman for more than four consecutive years. Members recommended by the General Assembly must be residents of the appropriate congressional district. If the boundaries of congressional districts are changed, members serving on the commission continue to serve until the expiration of their terms, but successors to members whose terms expire must be appointed from the newly defined congressional district. If a congressional district is added, the commission must be enlarged to include representation from that district. All members of the commission shall serve until their successors are appointed and qualify."

SECTION 2. Section 59-103-60 of the 1976 Code is amended to read:

"Section 59-103-60. The Commission commission shall make such recommendations to the State Budget and Control Board Governor's Office and the General Assembly as to policies, programs, curricula, facilities, administration and financing of all State state-supported institutions of higher learning as may be considered desirable. The House Ways and Means Committee, the Senate Finance Committee, and the State Budget and Control Board may refer to the Commission commission for investigation, study and report any requests of institutions of higher learning for new or additional appropriations for operating and for other purposes and for the establishment of new or expanded programs."

SECTION 3. Section 59-103-90 of the 1976 Code is amended to read:

"Section 59-103-90. An executive director must be appointed by the commission to manage and carry out the duties of the commission as prescribed by law and assigned by the commission. The executive director is not subject to the State Grievance Procedure Act of 1982 and may be dismissed without cause.

A professional staff complement shall be established by the Commission on recommendation of the Executive Director executive director which who shall insure ensure that there are persons on the staff who have the professional competence and experience to carry out the duties assigned and to insure ensure that there are persons on the staff who are familiar with the problems and capabilities of all of the principal types of state supported institutions in the state. Provision shall be made for persons of high competence and strong professional experience in such the areas as of academic affairs, public service and extension programs, business and financial affairs, institutional studies and long-range planning, student affairs, research and development, legal affairs, health affairs, institutional development, and for State and Federal programs administered by the Commission commission. The hiring of additional staff members to any position for which funds were not specifically appropriated by the General Assembly shall require prior approval by the General Assembly."

SECTION 4. The terms of the present members of the State Commission on Higher Education shall expire on March 1, 1995, at which time the members of the commission selected in the manner provided by this section shall take office./

Amend sections, totals and title to conform.

Senator THOMAS raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.

Senator LEATHERMAN spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

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

Senator COURSON moved that the amendment be adopted.

The amendment was adopted.

Senator MOORE proposed the following Amendment No. 184 (CYY\16263AC.94), which was adopted:

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

TO AMEND SECTION 44-96-120 OF THE 1976 CODE, AS AMENDED, RELATING TO THE SOLID WASTE MANAGEMENT TRUST FUND, SO AS TO PROVIDE THAT MONIES AUTHORIZED FROM THE FUND FOR RECYCLING MARKET DEVELOPMENT ADVISORY COUNCIL ACTIVITIES INCLUDE PROVIDING ONE HUNDRED THOUSAND DOLLARS FOR STAFFING.

A. Section 44-96-120(A)(3) of the 1976 Code is amended to read:

"(3) activities of the Recycling Market Development Advisory Council including its staff in the amount of one hundred thousand dollars from the Solid Waste Management Trust Fund for fiscal year 1994-95;"

B. This section takes effect July 1, 1994./

Amend sections, totals and title to conform.

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

The amendment was adopted.

Senators WALDREP, MOORE and O'DELL proposed the following Amendment No. 24A (N05\7899AC.94), which was adopted:

Amend the bill, as and if amended, Part II, by adding a new section to read:

TO AMEND SECTION 12-7-1260, OF THE 1976 CODE, RELATING TO QUALIFYING EXPENDITURES FOR THE CHILD CARE CREDIT, SO AS TO INCLUDE DONATIONS TO NONPROFIT CORPORATIONS FOR PURPOSES OF ESTABLISHING A CHILD CARE PROGRAM.

A. Section 12-7-1260(B) of the 1976 Code, as added by Act 189 of 1989, is amended to read:

"(B) For purposes of this section, `expenditures for costs incurred in establishing a child care program' includes, but is not limited to, expenditures, including mortgage or lease payments, for playground and classroom equipment, kitchen appliances, cooking equipment, and real property, including improvements, and donations to a nonprofit corporation as defined in Internal Revenue Code Section 501(c)(3) for purposes of establishing a child care program. If credit is taken for donations by a corporation, a deduction to arrive at the net income of the corporation is not allowed. The program and operation of the program must meet the licensing, registration, or certification standards prescribed by law."

B. This section is effective for taxable years beginning after 1993./

Amend sections, totals and title to conform.

Senator DRUMMOND explained the amendment.

Senator DRUMMOND moved that the amendment be adopted.

The amendment was adopted.

At 6:00 P.M., Senator JACKSON requested a leave of absence until 8:00 P.M.

At 6:30 P.M., on motion of Senator J. VERNE SMITH, the Senate receded from business not to exceed ten minutes.

At 6:55 P.M., the Senate resumed.

Senators LANDER and REESE proposed the following Amendment No. 179 (BBM\9249BDW.94), which was adopted:

Amend the amendment of Senator Peeler, JIC\6054BDW.94, Designated Amendment No. 35A, Adopted May 10, 1994, as and if amended, page 1, by striking the last 9 lines of the page, and inserting

/AND DEFINE HEAVY DUTY TRUCKS; TO AMEND SECTION 56-3-2350, AS AMENDED, RELATING TO SPECIAL MOTOR VEHICLE REGISTRATION, SO AS TO REVISE THE REQUIREMENTS FOR TRANSPORTER PLATES; TO AMEND THE 1976 CODE BY ADDING SECTION 56-3-2330 SO AS TO PROVIDE FOR MANUFACTURER LICENSE PLATES AND BY ADDING SECTION 12-37-2721 SO AS TO PROVIDE FOR EXEMPTIONS FROM THE MOTOR VEHICLE TAX; AND TO AMEND SECTION 12-36-90, AS AMENDED, RELATING TO THE DEFINITION OF GROSS PROCEEDS OF SALES, AND SECTION 12-36-110, AS AMENDED, RELATING TO THE DEFINITION OF RETAIL SALES, SO AS TO INCLUDE MANUFACTURER AND EDUCATION LICENSE PLATES./;

and page 3, by deleting /Amend further, SECTION 37, Section 56-3-2320, page 661, right column, after line 4, by inserting:

/(C) Upon application being made and the required fee being paid to the department, the department may issue a maximum of two dealer plates to a person who operates an automobile graveyard as defined in Section 57-27-20./

Amend sections, totals and title to conform.

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

Senator PEELER explained the amendment.

The amendment was adopted.

Senator GREGORY proposed the following Amendment No. 186 (PT\1252DW.94), which was adopted:

Amend the bill, as and if amended, Part II, by adding a new SECTION to read:

TO AMEND SECTION 56-5-5360, AS AMENDED, OF THE 1976 CODE, RELATING TO OFFICIAL INSPECTION STATIONS FOR MOTOR VEHICLES, SO AS TO INCREASE THE TOTAL FEES FOR THE INSPECTION AND THE CERTIFICATE FROM THREE DOLLARS TO FIVE DOLLARS.

Section 56-5-5360(d) of the 1976 Code, as amended by Act 181 of 1993, is further amended to read:

"(d) Official inspection stations may charge a fee of not more than two four dollars and fifty cents for each inspection and fifty cents for the issuance of inspection certificates. Provided, that However, if any a vehicle does not pass inspection at any a station and is taken to another place to have such defect corrected, the fee shall must not be charged again provided if the motor vehicle is taken to the station which originally made the inspection. Inspection forms shall must be prepared by the department and furnished to inspection stations at a cost of fifty cents each."/

Amend sections, totals and title to conform.

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

The amendment was adopted.

Senators THOMAS, SHORT and LEVENTIS desired to be recorded as voting against the adoption of the amendment.

I wish the record to reflect that I took no action with regard to the consideration of this amendment.

Senators REESE and PEELER proposed the following Amendment No. 168 (DKA\3421BDW.94), which was tabled:

Amend the bill, as and if amended, Part II, Section 37, page 660, left column, line 32-44, and right column, by striking lines 1-8, and inserting:
/TO AMEND SECTION 56-3-2320, AS AMENDED, OF THE 1976 CODE, RELATING TO DEALER AND WHOLESALER LICENSE PLATES, SO AS TO PROVIDE FOR THE SECTION TO APPLY TO VEHICLES LOANED TO DEALERS FOR TEST DRIVING PURPOSES, REVISE THE SALE REQUIREMENT AND THE NUMBER OF AUTHORIZED PLATES, DELETE THE PROVISION FOR THE COST OF THE PLATES, PROVIDE FOR EDUCATION LICENSE PLATES, PROVIDE FOR THE DEFINITION OF SALE, PROHIBIT MULTIPLE TRANSFERS, DELETE THE REFERENCES TO "FRANCHISED" AS IT APPLIES TO DEALERS SELLING HEAVY DUTY TRUCKS AT RETAIL, DEFINE HEAVY DUTY TRUCKS, AND PROVIDE FOR THE ISSUANCE OF DEALER LICENSE PLATES TO AUTHORIZE GRAVEYARD OPERATIONS; TO AMEND SECTION 56-3-2350, AS AMENDED, RELATING TO SPECIAL MOTOR VEHICLE REGISTRATION, SO AS TO REVISE THE REQUIREMENTS FOR TRANSPORTER PLATES; TO AMEND THE 1976 CODE BY ADDING SECTION 56-3-2330 SO AS TO PROVIDE FOR MANUFACTURER LICENSE PLATES AND BY ADDING SECTION 12-37-2721 SO AS TO PROVIDE FOR EXEMPTIONS FROM THE MOTOR VEHICLE TAX; AND TO AMEND SECTION 12-36-90, AS AMENDED, RELATING TO THE DEFINITION OF GROSS PROCEEDS OF SALES, AND SECTION 12-36-110, AS AMENDED, RELATING TO THE DEFINITION OF RETAIL SALES, SO AS TO INCLUDE MANUFACTURER AND EDUCATION LICENSE PLATES./

Amend further, Part II, Section 37, by striking Section 56-3-2320(A), beginning on page 660, left column, and line 14 and inserting:

/(A) Upon application being made and the required fee being paid to the department, the department may issue dealer license plates to a licensed motor vehicle dealer. The license plates, notwithstanding any provision other provisions of this chapter to the contrary, may be used exclusively on motor vehicles owned by, or assigned, or loaned for test driving purposes to the dealer when operated on the highways of this State by the dealer, its corporate officers, its employees, or a prospective purchaser of the motor vehicle. The use by a prospective purchaser is limited to seven days, and the dealer must shall provide the prospective purchaser with a dated demonstration certificate. The certificate must be approved by the department. Dealer plates may must not be used to operate wreckers or service vehicles in use by the dealer, nor to operate vehicles owned by the dealer that are leased or rented by the public. No dealer plates may be issued by the department unless the dealer furnishes proof in a form acceptable to the department that he has a retail business license as required by Chapter 36 of Title 12 and has made at least fifty twenty sales of motor vehicles in the twelve months preceding his application for a dealer plate. The sales requirement may be waived by the department if the dealer has been licensed for less than one year. However, a dealer that sells less than fifty but more than ten vehicles in the twelve months preceding his application for a dealer plate is eligible to obtain one dealer license plate. The cost of this plate is three hundred dollars. Twenty dollars of this fee must be remitted to the department and the balance of this fee must be remitted to the treasury of the county in which the dealer is licensed. For purposes of this section, the transfer of ownership of a motor vehicle between the same individual or corporation more than one time is considered as only one sale. Multiple transfers of motor vehicles between licensed dealers for the purpose of meeting eligibility requirements for motor vehicle dealer plates is prohibited. A dealer may be issued two plates at a rate of one for every the first twenty vehicles sold during the preceding year and one additional plate for each fifteen vehicles sold beyond the initial twenty during the preceding year. For good cause shown, the department in its discretion may issue extra plates. If the dealer has been licensed less than one year, the department shall issue a number of license plates based on an estimated number of sales for the coming year. The department may increase or decrease the number of plates issued based on actual sales made. The cost of each dealer plate issued is twenty dollars. Upon application to the department, a public or private school, college, or university may be issued an education license plate to be used on vehicles loaned or rented to the school, college, or university by a licensed motor vehicle dealer. The plate must be a personalized plate designed by the department. The cost of each plate issued is two hundred dollars, of which one hundred sixty dollars must be remitted by the department to the county in which the school, college, or university is located. Each plate is valid for two years, and there is no limit on the number of plates which may be issued. Notwithstanding the provisions of this section, a dealer franchised exclusively for the sale of selling heavy duty trucks at retail is eligible to obtain dealer license plates for exclusive use on the heavy duty trucks regardless of the number of trucks sold by him during the preceding required number of months. These dealer license plates for trucks must be noted with a distinct and separate identification and used only on heavy duty trucks. For purposes of this section, heavy duty trucks include trucks having a gross vehicle weight of sixteen thousand pounds or greater./

Amend further, SECTION 37, Section 56-3-2320, page 661, right column, after line 4, by inserting:

/(C) Upon application being made and the required fee being paid to the department, the department may issue a maximum of two dealer plates to a person who operates an automobile graveyard as defined in Section 57-27-20./

Amend further, SECTION 37, by striking Section 56-3-2350, beginning on page 661, line 10, right column, and inserting:

/"Section 56-3-2350. (A) A person engaged in a business of limited operation of motor vehicles to facilitate the manufacture or construction of cabs or bodies or the foreclosure or repossession of these motor vehicles may apply to the department for special registration to be issued to and used by the person upon the following conditions:

(1) The application must be in a form prescribed by the department to include the applicable liability insurance as prescribed by statute and filed with the department each year. The application must include the name and residence address of the applicant, as follows:

(a) if an individual, the name under which he intends to conduct business,;

(b) if a partnership, the name and residence address of each member of the partnership, and the name under which the business is to be conducted,;

(c) if a corporation, the name and company addresses of the corporation, and the name and residence address of each of its officers.

(2) The application must be certified by the applicant and by an agent of the department to verify the facts as set forth in the application.

(3) The annual fee for registration is fifty dollars, plus an annual fee of ten dollars for each license plate.

(B) A motor vehicle dealer or wholesaler duly licensed under Section 56-15-310 may purchase transporter license plates and use them solely for transporting motor vehicles and heavy duty trucks from one place of sale to another place of sale. Any other use of a transporter license plate by a duly licensed dealer or wholesaler is subject to a three hundred dollar fine and loss of the license plate."/

Amend sections, totals and title to conform.

Senator REESE explained the amendment.

Senator LEATHERMAN spoke on the amendment.

Senator REESE moved that the amendment be adopted.

Senator J. VERNE SMITH moved to lay the amendment on the table.

The amendment was laid on the table.

Senators GREGORY, RYBERG and RICHTER proposed the following Amendment No. 200 (WWW\30237DW.94), which was ruled out of order:

Amend the bill, as and if amended, Part II, by adding a new section, to be appropriately numbered, to read:

TO AMEND THE 1976 CODE BY ADDING SECTION 2-1-190, SO AS PROVIDE THAT THE GENERAL ASSEMBLY SHALL ADJOURN AFTER CONVENING FOR THE ANNUAL SESSION ON THE SECOND TUESDAY IN JANUARY TO RECONVENE ON THE SECOND TUESDAY IN FEBRUARY, TO PROVIDE THAT COMMITTEES MAY MEET AND LEGISLATION MAY BE INTRODUCED BETWEEN THESE DATES AND PROVIDE THAT THE CONSENT OF EACH HOUSE OF THE GENERAL ASSEMBLY IS DEEMED TO BE GIVEN FOR ADJOURNING UNDER THE PROVISIONS OF THIS SECTION.

The 1976 Code is amended by adding:

"Section 2-1-190. (A) The General Assembly shall adjourn after it convenes for its annual session on the second Tuesday in January and must reconvene on the second Tuesday in February. Committees may meet and legislation may be introduced between these dates.

(B) For purposes of this section, the consent of each House of the General Assembly is deemed to have been given for adjourning under the provisions of this section."/

Amend title to conform.

Senator GREGORY explained the amendment.

Senator LEATHERMAN raised the Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.

Senator GREGORY spoke on the Point of Order.

The PRESIDENT sustained the Point of Order.

The amendment was ruled out of order.

Senator ROSE proposed the following Amendment No. 201 (4820R237.MTR), which was ruled out of order:

Amend the bill, as and if amended, Part II, page 706, right column, line 30, by adding a new section to read:

TO AMEND CHAPTER 21, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VIDEO GAME MACHINES, BY ADDING SECTION 12-21-2795 SO AS TO PROHIBIT THE USE OF DEBIT CARDS IN ESTABLISHMENTS WHERE COIN OPERATED MACHINES ARE LOCATED AND TO PROVIDE A PENALTY FOR SUCH VIOLATIONS.

Chapter 21 of Title 12 is amended by adding:

"Section 12-21-2795. Notwithstanding any other provision of law, it shall be unlawful for any location which operates or allows the operation of coin operated machines which provide cash payouts to use or allow the use of customer debit cards. Any person violating the provisions of this section shall be guilty of a misdemeanor and shall, upon conviction, be fined not less than one hundred dollars and not more than two hundred dollars, or imprisonment for not more than sixty days. Each illegal use of a debit card constitutes a separate violation."/

Amend sections, totals and title to conform.

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

Senator PASSAILAIGUE raised the Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.

Senator LEATHERMAN spoke on the Point of Order.

The PRESIDENT sustained the Point of Order.

The amendment was ruled out of order.

At 6:30 P.M., Senator DRUMMOND asked unanimous consent to make a motion that at 7:00 P.M., no further amendments to the Senate Finance Committee Report to H. 4820, the General Appropriation Bill, would be accepted on the desk with the exception of balancing amendments.

Senator RYBERG objected.

Senators ROSE, RICHTER, WASHINGTON, FORD and THOMAS proposed the following Amendment No. 204 (JIC\6071HTC.94), which was carried over:

Amend the bill, as and if amended, Part II, by adding a new section to read:

TO AMEND SECTION 12-37-220, AS AMENDED, OF THE 1976 CODE, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO AUTHORIZE THE GOVERNING BODY OF A COUNTY BY ORDINANCE TO EXEMPT AN AMOUNT OF THE FAIR MARKET VALUE OF OWNER-OCCUPIED RESIDENTIAL PROPERTY EQUAL TO THE PERCENTAGE OF THE PROPERTY'S FAIR MARKET VALUE WHICH EXCEEDS THE AVERAGE INCREASE IN THE FAIR MARKET VALUE OF SUCH PROPERTY ATTRIBUTABLE TO AN EQUALIZATION AND REASSESSMENT PROGRAM OR TO EXEMPT A PORTION OF THE INCREASE IN ASSESSED VALUE OF OWNER-OCCUPIED RESIDENTIAL PROPERTY BASED ON GROSS HOUSEHOLD INCOME, TO PROVIDE THAT THE GOVERNING BODY OF A COUNTY BY ORDINANCE MAY AUTHORIZE ONE EXEMPTION OR THE OTHER, BUT NOT BOTH, AND TO PROVIDE FOR REPLACING THE REVENUE LOST FROM THE EXEMPTION.

A. Section 12-37-220(B) of the 1976 Code is amended by adding:

"(35) (a) The provisions of subitems (b) or (c) of this item apply only if authorized by an ordinance enacted by the governing body of the county where the property is located. The ordinance may authorize either the exemption allowed by subitem (b) or subitem (c), but not both.

(b) There is exempt from all ad valorem taxes that portion of the fair market value of a property assessed pursuant to Section 12-43-220(c) attributable to the percentage increase in fair market value that exceeds the average percentage increase in the value of all such property resulting from a countywide equalization and reassessment program. This exemption does not apply to increases in fair market value attributable to improvements.

(c) (1) There is exempt from all ad valorem taxation an amount equal to a percentage of the total increase in fair market value of a property assessed pursuant to Section 12-43-220(c) resulting from a countywide equalization and reassessing program, not including any increase attributable to improvements, according to the following schedule:

Gross household income Exempt percentage of

(rounded to the nearest income) increased fair market value

$ 0- 9,999 100 percent

10,000-14,999 75 percent

15,000-19,999 50 percent

20,000-24,999 25 percent

25,000 or more No exemption

(2) For purposes of this subitem, `gross household income' means all income, for all individuals residing within the household, from whatever source derived in a taxable year including, but not limited to:

(A) compensation for services including fees, commissions, and similar items;

(B) gross income derived from dealings in property;

(C) gains derived from dealings in property;

(D) interest;

(E) rents;

(F) royalties;

(G) dividends;

(H) alimony;

(I) income from life insurance and endowment contracts;

(J) annuities;

(K) pensions;

(L) income from discharge of indebtedness;

(M) distributive share of partnership gross income;

(N) income from an interest in an estate or trust; and

(O) federal old age, survivor, or disability benefits.

For purposes of this subitem, `household' means an individual or group of individuals living together in the residential property assessed pursuant to Section 12-43-220(c).

(d) The revenue lost from an exemption allowed pursuant to this item by a county may be replaced as authorized by ordinance by a county's governing body by:

(1) an additional tax millage levied on taxable property in the county; or

(2) revenues distributed to the county pursuant to Chapter 27, Title 6."/

Amend sections, totals and title to conform.

Senator LEATHERMAN raised the Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.

Senator ROSE spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

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

Senator ROSE moved that the amendment be adopted.

Senator LEATHERMAN moved to lay the amendment on the table.

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

Elliott Land Leatherman
Leventis McConnell Passailaigue
Rankin Smith, G. Stilwell
Waldrep

Cork Courson Courtney
Ford Glover Gregory
Hayes Macaulay Martin
McGill Mescher O'Dell
Peeler Reese Richter
Rose Russell Ryberg
Smith, J.V. Thomas Washington
Wilson

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

Senator ELLIOTT argued contra to the adoption of Amendment No. 204.

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

Senator PASSAILAIGUE raised the Point of Order that the amendment was out of order inasmuch as it was violative of Section 6-27-50 of the South Carolina Code of Laws, 1976, as amended.

The PRESIDENT took the Point of Order under advisement.

On motion of Senator ROSE, with unanimous consent, Amendment No. 204 was carried over.

Senator ROSE proposed the following Amendment No. 170 (4820R232.MTR), which was tabled:

Amend the bill, as and if amended, Part II, page 706, right column, line 30, by adding a new section to read:

TO AMEND CHAPTER 21 OF TITLE 12 OF THE 1976 CODE, RELATING TO LICENSURE OF COIN OPERATED DEVICES OR MACHINES, SO AS TO PROVIDE THAT COUNTIES MAY BY ORDINANCE IMPOSE A TAX OF NOT GREATER THAN FIVE PERCENT ON THE GROSS REVENUES DERIVED FROM THESE DEVICES OR MACHINES OPERATED IN THE COUNTY, AND TO PROVIDE FOR EXPENDITURE OF TAX PROCEEDS.

Chapter 21 of Title 12 of the 1976 Code is amended by adding:

Section 12-21-2723. "Notwithstanding any other provision of law, each county may impose a tax of not greater than five percent on the gross revenue derived from coin operated devices or machines licensed pursuant to Section 12-21-2720 operated in the county. As designated by ordinace, proceeds of this tax may be expended for the construction of senior citizen facilities or to provide a property tax roll back equal to all or part of the revenue generated by the tax.

Amend sections, totals and title to conform.

Senator LEVENTIS raised the Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.

Senators LEVENTIS, ROSE and LEATHERMAN spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

Senator ROSE argued in favor of the adoption of the amendment and Senators LEVENTIS and PASSAILAIGUE argued contra.

Senator ROSE moved that the amendment be adopted.

Senator PASSAILAIGUE moved to lay the amendment on the table.

The amendment was laid on the table.

Senators LAND, WILLIAMS and HOLLAND proposed the following Amendment No. 192 (4820R502.JCL), which was adopted:

Amend the bill, as and if amended, Part IA, Section 34, Department of Public Safety, page 327, lines 10 and 11, by:

COLUMN 7 COLUMN 8
STRIKING: 3,494,888

(126.00) ( )
INSERTING: 4,300,388

(156.00) ( )

Amend the bill, as and if amended, Part IA, Section 34, Department of Public Safety, page 327, line 14, by:

COLUMN 7 COLUMN 8
STRIKING: 560,182

( ) ( )
INSERTING: 801,832

( ) ( )

Amend the bill, as and if amended, Part IA, Section 34, Department of Public Safety, page 329, line 3, by:

COLUMN 7 COLUMN 8
STRIKING: 12,437,309

( ) ( )
INSERTING: 12,646,739

( ) ( )

Amend sections, totals and title to conform.

Senator LAND explained the amendment.

Senator LAND moved that the amendment be adopted.

The amendment was adopted.

Senators LAND, WILLIAMS and HOLLAND proposed the following Amendment No. 193 (4820R030.JCL), which was adopted:

Amend the bill, as and if amended, Part IA, Section 34, Department of Public Safety, page 325, lines 6 and 7, by:

COLUMN 7 COLUMN 8

STRIKING: 2,582,515 2,232,376

(99.00) (64.00)

INSERTING: 2,832,221 2,482,082

(108.00) (73.00)

Amend the bill further, as and if amended, Part IA, Section 34, Department of Public Safety, page 325, line 12, by:

COLUMN 7 COLUMN 8

STRIKING: 614,411 614,411

( ) ( )

INSERTING: 639,381 639,381

( ) ( )

Amend the bill further, as and if amended, Part IA, Section 34, Department of Public Safety, page 329, line 3, by:

COLUMN 7 COLUMN 8

STRIKING: 12,437,309 11,019,161

( ) ( )

INSERTING: 12,502,232 11,084,084

( ) ( )

Amend sections, totals and title to conform.

Senator LAND explained the amendment.

Senator LAND moved that the amendment be adopted.

The amendment was adopted.

Senators LAND, WILLIAMS and HOLLAND proposed the following Amendment No. 194 (4820R024.JCL), which was adopted:

Amend the bill, as and if amended, Part IA, Section 6C, Governor's Office-Executive Policy and Programs, page 40, lines 3 and 4, by:

COLUMN 7 COLUMN 8
STRIKING: 8,494,468 3,365,880

(369.50) (159.78)
INSERTING: 8,244,762 3,116,174

(360.50) (150.78)

Amend the bill further, as and if amended, Part IA, Section 6C, Governor's Office-Executive Policy and Programs, page 40, line 16, by:

COLUMN 7 COLUMN 8
STRIKING: 11,232,731 1,680,144

( ) ( )
INSERTING: 11,207,761 1,655,174

( ) ( )

Amend the bill further, as and if amended, Part IA, Section 6C, Governor's Office-Executive Policy and Programs, page 41, line 35, by:

COLUMN 7 COLUMN 8
STRIKING: 2,777,541 1,137,818

( ) ( )
INSERTING: 2,712,618 1,072,895

( ) ( )

Amend sections, totals and title to conform.

Senator LAND explained the amendment.

Senator LAND moved that the amendment be adopted.

The amendment was adopted.

Senators LAND, WILLIAMS and HOLLAND proposed the following Amendment No. 195 (4820R505.JCL), which was adopted:

Amend the bill, as and if amended, Part 1B, Section 34, Department of Public Safety, page 597, left column, line 28, by inserting an appropriately number proviso to read:

/34. (Revenue Generated Carry Forward) Notwithstanding any other provision of law, all revenue generated by the Department of Public Safety from the sale of vehicles, various equipment, gasoline and insurance claims during the prior fiscal year may be retained and carried forward into the current fiscal year and expended for the purpose of purchasing like items./

Amend sections, totals and title to conform.

Senator LAND explained the amendment.

Senator LAND moved that the amendment be adopted.

The amendment was adopted.

Senators LAND, WILLIAMS and HOLLAND proposed the following Amendment No. 196 (4820R504.JCL), which was adopted:

Amend the bill, as and if amended, Part 1B, Section 34, Department of Public Safety, page 597, left column, line 28, by inserting an appropriately numbered proviso to read:

/34. (Grant Funds Carry Forward) Any unexpended balance on June 30, of the prior fiscal year, authorized to be expended or used for any federal grant program may be retained and carried forward to the current fiscal year and used for matching committed and/or unanticipated grant funds./

Amend sections, totals and title to conform.

Senator LAND explained the amendment.

Senator LAND moved that the amendment be adopted.

The amendment was adopted.

Senators LAND, WILLIAMS and HOLLAND proposed the following Amendment No. 197 (4820R021.JCL), which was adopted:

Amend the bill, as and if amended, Part IA, Section 34, Department of Public Safety, page 327, line 22 and 23, by:

COLUMN 7 COLUMN 8
STRIKING: 1,824,299

(44.37) ( )
INSERTING: 2,550,799

(70.37) ( )

Amend the bill further, as and if amended, Part IA, Section 34, Department of Public Safety, page 327, line 27, by:

COLUMN 7 COLUMN 8
STRIKING: 535,901

( ) ( )
INSERTING: 608,551

( ) ( )

Amend the bill further, as and if amended, Part IA, Section 34, Department of Public Safety, page 329, line 3, by:

COLUMN 7 COLUMN 8
STRIKING: 12,437,309

( ) ( )
INSERTING: 12,626,459

( ) ( )

Amend sections, totals and title to conform.

Senator LAND explained the amendment.

Senator LAND moved that the amendment be adopted.

The amendment was adopted.

Senators LAND, WILLIAMS and HOLLAND proposed the following Amendment No. 198 (4820R506.JCL), which was tabled:

Amend the bill, as and if amended, Part 1B, Section 34, Department of Public Safety, page 597, left column, line 28, by inserting an appropriately numbered proviso to read:

/34. (FTE Increase) The department may increase its total FTE count by one half of one percent of the total FTE count authorized by this act. Any increase in the total number of FTE's pursuant to this proviso must be funded through existing funds authorized by this act./

Amend sections, totals and title to conform.

Senator LAND explained the amendment.

Senator DRUMMOND moved to lay the amendment on the table.

The amendment was laid on the table.

Senators WASHINGTON, LAND, PATTERSON, JACKSON and MATTHEWS proposed the following Amendment No. 206 (DKA\3426BDW.94):

Amend the bill, as and if amended, Part II, by adding a new section to read:

TO CREATE THE CIRCLE OF FLAGS ON THE STATE HOUSE GROUNDS, A DISPLAY WHICH CONSISTS OF TEN FLAGS OF HISTORICAL SIGNIFICANCE TO THE STATE OF SOUTH CAROLINA.

A. (A) There is established on the State House grounds, adjacent to the Capitol Building, The Circle of Flags. The Circle of Flags must be constructed so it is a self-guided walking tour.

(B) The beginning point and centerpiece of The Circle of Flags must be a display housing the:

(1) Stars and Stripes, the current United States Flag with its fifty stars;

(2) Palmetto State Flag, created by General Moultrie and flown continuously as our state banner since January 28, 1861;

(3) Stars and Bars, first officially flown outside the Confederate Capitol Building on March 4, 1861.

(C) The second display in The Circle of Flags must have the:

(1) Union Jack, which flew over this State while it was a British colony;

(2) flag flown by General Moultrie and his troops at Fort Moultrie in the first decisive victory of the Revolutionary War involving land and naval forces.

(D) The third display in The Circle of Flags must include the original United States Flag created by Betsy Ross with its thirteen stars and thirteen stripes. This flag is considered the first officially adopted flag of this country.

(E) The fourth display in The Circle of Flags must contain two flags from the Civil War as follows:

(1) the Confederate Battle Flag;

(2) the Big Red, the flag flown by cadets from the Citadel as they fired on Fort Sumter.

(F) The fifth and closing display in The Circle of Flags must include the flag of the 1st South Carolina Volunteer Infantry Regiment (African Descent), redesignated as the 33rd United States Colored Troops, and the flag of the 54th Massachusetts Infantry Regiment. These groups, consisting of soldiers of African descent, served on the Union side during the Civil War and participated in several battles in South Carolina.

(G) Each display in The Circle of Flags must house a pedestal with information about each flag explaining the flag's origin and significance and its role in South Carolina's past.

(H) The purpose of The Circle of Flags is to ensure that each of the flags included in it assumes its proper place with respect to the history of South Carolina.

B. The Circle of Flags must be constructed on the State House grounds adjacent to the Capitol Building in conjunction with the planned refurbishing of the State House and completed by the time the State House refurbishing is finished. It must be paid for from funds provided in Section 17, General Services, State House Renovations for Fiscal Year 1994-95 in the General Appropriations Act. After the renovations are completed, only the United States Flag and the South Carolina State Flag may fly atop the State House.

C. This section takes effect July 1, 1994./

Amend sections, totals and title to conform.

Senator J. VERNE SMITH raised the Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.

Senator WASHINGTON spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

Senator WASHINGTON argued in favor of the adoption of the amendment and Senator J. VERNE SMITH argued contra.

Senator PEELER asked unanimous consent, with Senator J. VERNE SMITH retaining the floor, to make a motion that the Senate stand adjourned.

There was no objection.

Debate was interrupted by adjournment, with Senator J. VERNE SMITH retaining the floor.

At 8:05 P.M., on motion of Senator PEELER, the Senate adjourned to meet tomorrow at 9:30 A.M.

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