Journal of the Senate
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995

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S. 889 -- Senator Thomas: A SENATE RESOLUTION COMMENDING MR. TOMMY HAZELTON, FOOD SERVICE DIRECTOR AT THE BROAD RIVER CORRECTIONAL INSTITUTION, FOR HIS COURAGE AND BRAVERY DURING A MAIN DISTURBANCE AT THE INSTITUTION ON APRIL 17, 1995.

The Senate Resolution was adopted.

S. 890 -- Senator Thomas: A SENATE RESOLUTION COMMENDING MS. MARY MATHIS, FOOD SERVICE SUPERVISOR AT THE BROAD RIVER CORRECTIONAL INSTITUTION, FOR HER COURAGE AND BRAVERY DURING A MAIN DISTURBANCE AT THE INSTITUTION ON APRIL 17, 1995.

The Senate Resolution was adopted.

H. 4248 -- Reps. Stuart, Riser, Koon, Knotts, Gamble and Wright: A CONCURRENT RESOLUTION COMMENDING CHARLES A. WHITEHEAD, DIRECTOR OF PUBLIC SAFETY FOR LEXINGTON COUNTY, FOR HIS EXEMPLARY PUBLIC SERVICE, EXTENDING BEST WISHES FOR MUCH HAPPINESS FOLLOWING HIS RETIREMENT FROM THIS POSITION AND DESIGNATING HIM A "SOUTH CAROLINA STAR".

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

H. 4254 -- Reps. R. Smith, Sharpe, Huff, Mason and Clyburn: A CONCURRENT RESOLUTION TO RECOGNIZE THE ESTABLISHMENT OF THE INTERNATIONAL FOREST CENTER'S FOREST RESEARCH AND PRODUCTS LABORATORY LOCATED IN AIKEN COUNTY AS BEING A VALUABLE RESOURCE FOR SOUTH CAROLINA AND THE SOUTHEAST AND TO COMMEND THE EFFORTS OF THOSE WHO MAKE THIS ACCOMPLISHMENT POSSIBLE.

Whereas, the members of the General Assembly are very pleased to learn of the establishment of the International FoReST Center's Forest Research and Products Laboratory in Aiken; and

Whereas, the International FoReST Center was established to provide technical assistance to the southeastern United States' forest-related industries, particularly those in Georgia and South Carolina, and to


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promote the development, transfer, and commercialization of applied research and technologies; and

Whereas, FoReST stands for forest and related products, research, science, and technology; and

Whereas, the laboratory is staffed by a capable and dedicated executive director, Jeffrey W. Immel, who oversees the development of the center; and

Whereas, the focus areas of the laboratory are forest research and management, forest products research and management, manufacturing process research, electronic instrumentation, waste management and recycling, robotics, chemical process research, risk assessment, bioremediation technology, process modeling capabilities, communication technology, solid wood research, and educational outreach; and

Whereas, the forest, pulp, and paper industry is the eighth largest manufacturing industry in the United States, with the majority of the industry's growth being concentrated in the southeast, but it faces competition from low cost foreign producers; and

Whereas, the laboratory will establish a technical alliance with major universities, technical colleges, research centers, and governmental agencies in the southeast, particularly the University of South Carolina, Clemson University, the Medical University of South Carolina, South Carolina State University, the Georgia Institute of Technology, the University of Georgia, Augusta College, Paine College, Clark Atlanta University, Fort Valley State College, the Medical College of Georgia, and the Department of Energy (Savannah River Site); and

Whereas, the vision of laboratory, to exceed the needs and expectations of its customers and to be the recognized leader in the forest industry through the safe application of appropriate technologies by experienced multidisciplinary teams, is one to be valued and encouraged in all industries. Now, therefore,

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

That the members of the General Assembly, by this resolution, hereby recognize the establishment of the International FoReST Center's Forest Research and Products Laboratory located in Aiken County as being a valuable resource for South Carolina and the southeast and commend the efforts of those who make this accomplishment possible.

Be it further resolved that a copy of this resolution be forwarded to Executive Director, Jeffrey W. Immel.

Referred to the Committee on Invitations.


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H. 4261 -- Reps. Kirsh, Delleney, Meacham, McCraw, Moody-Lawrence and Simrill: A CONCURRENT RESOLUTION TO EXPRESS THE HEARTFELT THANKS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE CHILDREN OF ANNE SPRINGS CLOSE FOR SETTING ASIDE TWO THOUSAND THREE HUNDRED ACRES IN YORK COUNTY TO PRESERVE AN AREA THAT WILL SERVE AS A BUFFER AGAINST URBAN ENCROACHMENT, PROTECTING THE FORT MILL COMMUNITY FOR GENERATIONS TO COME.

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

H. 4262 -- Reps. G. Brown and Hines: A CONCURRENT RESOLUTION COMMENDING AND THANKING JOHN E. WALL OF BISHOPVILLE FOR HIS OUTSTANDING LEADERSHIP AND CONTRIBUTIONS TO PUBLIC EDUCATION AS SUPERINTENDENT OF THE LEE COUNTY SCHOOL DISTRICT AND EXTENDING HIM BEST WISHES FOR HAPPINESS AND SUCCESS FOLLOWING HIS RETIREMENT.

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

H. 4263 -- Rep. Boan: A CONCURRENT RESOLUTION TO DECLARE DECEMBER 3-9, 1995, AS SOUTH CAROLINA HIGH SCHOOL FOOTBALL COACHES APPRECIATION WEEK AND DECLARE FRIDAY, DECEMBER 8, 1995, AS "SOUTH CAROLINA HIGH SCHOOL FOOTBALL COACHES APPRECIATION DAY".

Whereas, the members of the General Assembly are aware that the high school football coaches in South Carolina perform unselfishly to be able to mold bodies and minds of the young men with whom they come in contact; and

Whereas, many of these individuals' efforts are overlooked with only the winners being recognized at the end of their football season; and

Whereas, the efforts and sacrifices of all football coaches in high schools should be recognized in a fitting day and week. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina declare December 3-9, 1995, as South Carolina High School Football Coaches Appreciation Week, and declare Friday, December 8, 1995, as "South Carolina High School Football Coaches Appreciation Day".


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Be it further resolved that a copy of this resolution be forwarded to Keith Richardson, Executive Secretary of the High School Football Coaches Association.

Referred to the Committee on Invitations.

H. 4264 -- Rep. Stuart: A CONCURRENT RESOLUTION CONGRATULATING PELION HIGH SCHOOL OF LEXINGTON COUNTY ON WINNING THE 1995 CLASS A GIRLS SOFTBALL STATE CHAMPIONSHIP.

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

H. 4265 -- Reps. Gamble, Koon, Knotts, Stuart, Riser, Wright and Spearman: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF MR. JOHN W. PARRISH, SR., OF WEST COLUMBIA, A PROMINENT SOUTH CAROLINA BUSINESS AND CIVIC LEADER, UPON HIS DEATH.

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

CONCURRENCE

S. 844 -- Senators McConnell, Passailaigue, Rose and Giese: A CONCURRENT RESOLUTION MEMORIALIZING THE UNITED STATES CONGRESS TO DIRECT THE GENERAL SERVICES ADMINISTRATION TO TRANSFER OWNERSHIP OF THE REMAINS OF THE ATTACK SUBMARINE THE HUNLEY TO THE STATE OF SOUTH CAROLINA FOR ENSHRINEMENT AT THE NAVAL MARINE MUSEUM IN PATRIOT'S POINT, SOUTH CAROLINA.

The House returned the Resolution with amendments.

On motion of Senator McCONNELL, the Senate concurred in the House amendments and a message was sent to the House accordingly.

CONCURRENCE

S. 847 -- Senator Bryan: A BILL TO AMEND ACT 779 OF 1988, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES FOR LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56, SO AS TO REVISE THE BOUNDARIES OF THE SINGLE-MEMBER DISTRICTS FROM WHICH TRUSTEES ARE ELECTED.

The House returned the Bill with amendments.


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On motion of Senator BRYAN, 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.

CONCURRENCE

H. 4146 -- Ways and Means Committee: A BILL TO AMEND THE 1976 CODE BY ADDING CHAPTER 28 TO TITLE 12 SO AS TO CONFORM SOUTH CAROLINA'S METHOD OF IMPOSING AN EXCISE TAX ON MOTOR FUEL TO FEDERAL LAW; AND TO REPEAL SECTIONS 39-41-20, 39-41-30, 39-41-40, 39-41-50, 39-41-60, 39-41-100, 39-41-110, 39-41-120, 39-41-130, AND 39-41-140 RELATING TO PETROLEUM AND PETROLEUM PRODUCTS, SECTIONS 12-27-210, 12-27-220, 12-27-230, 12-27-240, 12-27-250, 12-27-260, 12-27-270, 12-27-280, 12-27-300, 12-27-310, 12-27-320, 12-27-330, 12-27-340, 12-27-350, 12-27-360, 12-27-510, 12-27-520, 12-27-530, 12-27-540, 12-27-550, 12-27-560, 12-27-570, 12-27-580, 12-27-590, 12-27-600, 12-27-610, 12-27-710, 12-27-720, 12-27-730, 12-27-740, 12-27-750, 12-27-760, 12-27-770, 12-27-780, 12-27-790, 12-27-800, 12-27-810, 12-27-820, 12-27-830, 12-27-1010, 12-27-1110, 12-27-1120, 12-27-1210, 12-27-1220, 12-27-1230, 12-27-1240, 12-27-1250, 12-27-1260, 12-27-1265, AND 12-27-1510 RELATING TO GASOLINE TAXES, SECTIONS 12-29-10, 12-29-20, 12-29-30, 12-29-40, 12-29-110, 12-29-120, 12-29-130, 12-29-140, 12-29-150, 12-29-310, 12-29-320, 12-29-340, 12-29-350, 12-29-360, 12-29-370, 12-29-380, 12-29-390, 12-29-400, 12-29-410, 12-29-420, 12-29-430, 12-29-440, 12-29-610, 12-29-620, and 12-29-630 RELATING TO THE TAX ON MOTOR FUELS OTHER THAN GASOLINE, AND ARTICLE 1, CHAPTER 27, TITLE 12, RELATING TO GENERAL PROVISIONS FOR GASOLINE TAXES.

The House returned the Bill with amendments.

On motion of Senator J. VERNE SMITH, 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.

NONCONCURRENCE

S. 90 -- Senators Wilson, Rose, Giese and Elliott: A BILL TO AMEND SECTION 16-11-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIMES OF ARMED


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ROBBERY AND ATTEMPTED ARMED ROBBERY, SO AS TO EXTEND THE OFFENSE TO CASES IN WHICH A PERSON ALLEGES HE IS ARMED WHILE USING A REPRESENTATION OF A DEADLY WEAPON OR AN OBJECT WHICH A PERSON MAY REASONABLY BELIEVE TO BE A DEADLY WEAPON.

The House returned the Bill with amendments.

On motion of Senator MOORE, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.

HOUSE CONCURRENCE

S. 875 -- Senators Hayes, Peeler, Gregory and Short: A CONCURRENT RESOLUTION TO EXPRESS THE HEARTFELT THANKS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE CHILDREN OF ANNE SPRINGS CLOSE FOR SETTING ASIDE TWO THOUSAND THREE HUNDRED ACRES IN YORK COUNTY TO PRESERVE AN AREA THAT WILL SERVE AS A BUFFER AGAINST URBAN ENCROACHMENT, PROTECTING THE FORT MILL COMMUNITY FOR GENERATIONS TO COME.

Returned with concurrence.

Received as information.

HOUSE CONCURRENCE

S. 877 -- Senator McConnell: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO ROSE MARY S. SMITH FOR HER DEDICATED SERVICE TO THE GENERAL ASSEMBLY ON THE OCCASION OF HER RETIREMENT AND WISHING FOR HER HAPPINESS AND SUCCESS IN ALL THE YEARS TO COME.

Returned with concurrence.

Received as information.

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


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ORDERED ENROLLED FOR RATIFICATION

The following Bills and Joint Resolution 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. 3731 -- Reps. Cooper, Kinon, Askins, Quinn, Herdklotz, Neilson, Scott, Cobb-Hunter, Hines, Keyserling, Inabinett, Bailey, Mason, Easterday, Rogers, Wilder, Moody-Lawrence, White, Cato, Shissias, J. Harris, Stuart, Hutson, Wright, Koon, Allison, Trotter, Gamble, McCraw, Lloyd, Byrd, Littlejohn, Wells, Howard, J. Brown, Haskins, Limehouse, Phillips, Elliott, Seithel, Whatley and S. Whipper: A BILL TO AMEND SECTION 8-11-83, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PAYROLL DEDUCTION FOR DUES OF THE STATE EMPLOYEES' ASSOCIATION, SO AS TO ALSO AUTHORIZE A PAYROLL DEDUCTION FOR THE DUES OF THE SOUTH CAROLINA TROOPERS' ASSOCIATION.

H. 4233 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD - RESEARCH AND STATISTICS, RELATING TO DATA REPORTING REQUIREMENTS PERTAINING TO SOUTH CAROLINA HOSPITALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1860, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3148 -- Reps. Davenport, Walker, Allison, Vaughn, Simrill, Inabinett, Lloyd and T. Brown: A BILL TO AMEND SECTION 59-47-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF COMMISSIONERS OF THE SCHOOL FOR THE DEAF AND THE BLIND, SO AS TO ADD A MEMBER WHO REPRESENTS THE INTEREST OF PERSONS WITH MULTIPLE HANDICAPS.

H. 3463 -- Reps. Harrison, Shissias, Neal, Klauber, Cromer, Sheheen, Stuart and Quinn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2386 SO AS TO PROHIBIT A PERSON FROM SERVING ON A LOCAL FOSTER CARE REVIEW BOARD IF THE PERSON IS THE SUBJECT OF A REPORT OF CHILD ABUSE OR NEGLECT OR HAS BEEN CONVICTED OF CERTAIN CRIMINAL OFFENSES; TO REQUIRE


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THE DIVISION FOR REVIEW OF THE FOSTER CARE OF CHILDREN TO OBTAIN RECORD CHECKS FROM THE DEPARTMENT OF SOCIAL SERVICES AND SLED, TO CERTIFY ELIGIBILITY TO SERVE ON LOCAL BOARDS, AND TO EXEMPT THE DIVISION FROM FEES FOR DEPARTMENT OF SOCIAL SERVICES RECORD CHECKS; AND TO AMEND SECTION 20-7-690, AS AMENDED, RELATING TO CONFIDENTIALITY OF CHILD ABUSE AND NEGLECT RECORDS OF THE DEPARTMENT OF SOCIAL SERVICES, SO AS TO AUTHORIZE THE DIVISION FOR THE REVIEW OF FOSTER CARE OF CHILDREN ACCESS TO INFORMATION TO CERTIFY THAT NOMINEES TO AND MEMBERS OF LOCAL FOSTER CARE REVIEW BOARDS ARE ELIGIBLE TO SERVE.

H. 3630 -- Reps. Kelley, Keegan, Worley, Martin, Trotter, Witherspoon and Thomas: A BILL TO AMEND SECTION 61-3-990, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON SALES BY RETAIL DEALERS OF ALCOHOLIC BEVERAGES, SO AS TO AUTHORIZE THE SALE OF ALCOHOLIC BEVERAGES IN SEALED CONTAINERS OF TWO OUNCES OR LESS FOR CONSUMPTION IN COMMERCIAL AIRCRAFT ENGAGED IN INTERSTATE COMMERCE.

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

There was no objection.

HOUSE BILLS RETURNED

The following House Bills were read the third time and ordered returned to the House with amendments:

H. 3685 -- Reps. Walker, Baxley, Fleming, Neilson, Hines, Allison, Townsend, Beatty, Chamblee, Littlejohn, Wells, Davenport, Trotter, Lanford, Marchbanks and D. Smith: A BILL TO AMEND SECTION 59-30-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TESTING ARRANGEMENTS ON THE EXIT EXAMINATION FOR STUDENTS WITH LEARNING DISABILITIES, SO AS TO PROVIDE THAT STUDENTS WITH DYSCALCULIA, AND WITH OTHER DOCUMENTED LEARNING DISABILITIES IN MATHEMATICS AS STIPULATED BY REGULATION OF THE STATE BOARD OF


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EDUCATION, MAY USE A CALCULATOR ON THE MATH PORTIONS OF THE EXIT EXAMINATION.

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

H. 3733 -- Reps. Elliott, Inabinett, G. Brown, Neilson, Hines, Cain, Wright, Lloyd, Littlejohn, Jaskwhich, T. Brown, Govan, Stoddard, Bailey, Jennings, Rhoad, Phillips, Meacham, Kinon, Davenport and Chamblee: A BILL TO AMEND SECTION 27-40-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE RESIDENTIAL LANDLORD AND TENANT ACT, SO AS TO ADD CERTAIN LANGUAGE TO THE DEFINITION OF "FAIR-MARKET RENTAL VALUE", AND ADD A DEFINITION FOR "SECURITY DEPOSIT"; TO AMEND SECTION 27-40-240, RELATING TO NOTICE PROVISIONS UNDER THE RESIDENTIAL LANDLORD AND TENANT ACT, SO AS TO, AMONG OTHER THINGS, CLARIFY CERTAIN REFERENCES, AND DELETE THE REFERENCE TO A REPEALED CODE SECTION; TO AMEND SECTION 27-40-530, RELATING TO TENANT OBLIGATIONS AND ACCESS, SO AS TO PROVIDE THAT A TENANT MAY NOT CHANGE LOCKS ON THE DWELLING UNIT WITHOUT THE PERMISSION OF THE LANDLORD; TO AMEND SECTION 27-40-610, RELATING TO TENANT REMEDIES AND NONCOMPLIANCE BY THE LANDLORD IN GENERAL, SO AS TO PROVIDE THAT THE TENANT MAY RECOVER ACTUAL DAMAGES AND OBTAIN INJUNCTIVE RELIEF IN A MAGISTRATE'S OR CIRCUIT COURT, WITHOUT POSTING BOND, FOR "UNREASONABLE" RATHER THAN "ANY" NONCOMPLIANCE BY THE LANDLORD WITH THE RENTAL AGREEMENT OR SECTION 27-40-440; TO AMEND SECTION 27-40-650, RELATING TO TENANT REMEDIES AND FIRE OR CASUALTY DAMAGE, SO AS TO PROVIDE THAT AN ACCOUNTING FOR RENT IN THE EVENT OF TERMINATION OR APPORTIONMENT MUST BE MADE AS OF THE DATE OF THE FIRE OR CASUALTY UNLESS THE FIRE OR CASUALTY WAS DUE TO THE TENANT'S NEGLIGENCE OR CAUSED BY THE TENANT; TO AMEND SECTION 27-40-720, RELATING TO LANDLORD REMEDIES AND NONCOMPLIANCE AFFECTING HEALTH AND SAFETY, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE TENANT SHALL REIMBURSE THE LANDLORD FOR CERTAIN COSTS; TO AMEND SECTION 27-40-730, RELATING TO LANDLORD REMEDIES FOR ABSENCE, NONUSE, AND


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ABANDONMENT OF A DWELLING UNIT, SO AS TO PROVIDE THAT IF THE TENANT HAS VOLUNTARILY TERMINATED THE UTILITIES AND THERE IS AN UNEXPLAINED ABSENCE OF A TENANT AFTER DEFAULT IN PAYMENT OF RENT, ABANDONMENT IS CONSIDERED IMMEDIATE AND THE FIFTEEN-DAY RULE DOES NOT APPLY; AND TO AMEND SECTION 27-40-790, RELATING TO THE RESIDENTIAL LANDLORD AND TENANT ACT AND THE PAYMENT OF RENT INTO COURT, SO AS TO DELETE THE WORD "JUDGMENT" AND REPLACE IT WITH THE WORD "DECISION".

Senator STILWELL explained the Bill.

H. 3104 -- Reps. Shissias, Stille and Kelley: A BILL TO AMEND SECTION 20-7-1318, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN INCOME-WITHHOLDING TO ENFORCE SUPPORT ORDERS, SO AS TO REVISE THE DEFINITION OF "SUPPORT ORDER" AND TO CORRECT A CROSS-REFERENCE.

AMENDED, CARRIED OVER

H. 3787 -- Reps. Richardson, Cotty, Rice, Cobb-Hunter, Keyserling, J. Brown, Worley, S. Whipper, Limehouse, Moody-Lawrence, Byrd, Shissias, Herdklotz, Lloyd, D. Smith, Wilkes, Mason and Thomas: A BILL TO AMEND SECTION 12-33-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOLIC BEVERAGE LICENSES FOR PURPOSES OF THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO PROVIDE FOR PRORATED LICENSES; TO REPEAL SECTION 12-33-220, RELATING TO AN OBSOLETE PROVISION ALLOWING PRORATION OF LICENSES, AND TO PROVIDE FOR REFUNDS IN CASES OF CERTAIN LICENSES ISSUED AFTER NOVEMBER, 1994.

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

Senator GREG SMITH proposed the following amendment (3787R001.GS), which was adopted:

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

/SECTION . Chapter 5, Title 61 of the 1976 Code is amended by adding:


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