South Carolina General Assembly
108th Session, 1989-1990
Journal of the Senate

THURSDAY, JANUARY 11, 1990

Thursday, January 11, 1990
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.

A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:

Hear the words of the Psalmist,
Psalm 97 (vv.1-2):

"The Lord reigns; let the earth rejoice;

Let the many coastlands be glad!

Clouds and thick darkness are round

about Him;

Righteousness and justice are the

foundation of His throne."
Let us pray.

Good Lord and Master, we thank You for the reminder that You are still in charge of the Universe... and our little earth.

May the ancient words of the Psalmist's devotion become our words of inspiration as we aspire to become humble servants of the God that reigns! HELP US TO REJOICE!

Hear the silent prayer of each heart as we pray our own personal prayer... only for the ear of God... for each other (silence)... for ourselves (silence).

In the Lord's Holy Name.

Amen!

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

MESSAGE FROM THE GOVERNOR
State Of South Carolina
Office Of The Governor

January 9, 1990
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
Carroll A. Campbell, Jr.

County Appointment

Appointment, Magistrate, Saluda County, with term to expire April 30, 1990:

Sam Pou, Route 4, Box 378, Saluda, S.C. 29138 VICE: Mary Corley (resigned)

MESSAGE FROM THE GOVERNOR
State Of South Carolina
Office Of The Governor

January 9, 1990
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
Carroll A. Campbell, Jr.

Statewide Appointment

Appointment, Commissioner, South Carolina Department of Labor, with term to expire January 1, 1990:

Virgil W. Duffie, Jr., 1510 Milford Rd., Columbia, S.C. 29206 VICE: Edgar McGowan (resigned)

Referred to the Committee on Labor, Commerce and Industry.

MESSAGE FROM THE GOVERNOR
State Of South Carolina
Office Of The Governor

January 9, 1990
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
Carroll A. Campbell, Jr.

Statewide Appointment

Reappointment, Commissioner, Department of Labor, with term to expire January 1, 1994:

Virgil W. Duffie, Jr., 1510 Milford Rd., Columbia, S.C. 29206

Referred to the Committee on Labor, Commerce and Industry.

MESSAGE FROM THE GOVERNOR
State Of South Carolina
Office Of The Governor

January 9, 1990
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
Carroll A. Campbell, Jr.

Statewide Appointment

Appointment, Chairman, Public Service Authority, with term to expire May 19, 1990:

John S. Rainey, 720 Albion Rd., Columbia, S.C. 29205 VICE: Dwight Holder (resigned)

Referred to the Committee on Finance.

MESSAGE FROM THE GOVERNOR
State Of South Carolina
Office Of The Governor

January 9, 1990
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
Carroll A. Campbell, Jr.

Statewide Appointment

Reappointment, Chairman, Public Service Authority, with term to expire May 19, 1997:

John S. Rainey, 720 Albion Rd., Columbia, S.C. 29205

Referred to the Committee on Finance.

PRIVILEGE OF THE CHAMBER

On motion of Senator MOORE, Chairman of the Senate Invitations Committee, with unanimous consent, the Privilege of the Chamber to that area behind the rail, was extended to Ms. Marian Wright Edelman and Ms. Margaret Crawford.

Doctor Of The Day

Senator MARTSCHINK introduced Dr. J. Chris Hawk, III of Charleston, Doctor of the Day.

Leave Of Absence

Senator McLEOD requested and was granted a leave of absence beginning at 12:00 Noon.

Leave Of Absence

Senator HAYES requested and was granted a leave of absence beginning at 12:00 Noon.

Message From The House

Columbia, S.C., January 10, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3244 -- Reps. Koon, Sturkie and Klapman: A BILL TO PROVIDE THAT PUBLIC AGENCIES IN NEGOTIATING CONTRACTS FOR ARCHITECTS' SERVICES, SUBJECT TO THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SHALL CONSIDER COST OF SERVICES AS ONE OF THE CONSIDERATIONS IN SELECTING AN ARCHITECTURAL FIRM.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of The House

Received as information.

CONCURRENCE

S. 329 -- Senators Lourie, Fielding, Drummond, Mitchell, Peeler, Patterson, Matthews, Leventis, Lee, Setzler, Moore, Hinson, Long, Macaulay, Helmly, Wilson, McLeod, Mullinax, Passailaigue, Leatherman, Thomas, Giese, Holland, Martin and Shealy: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-645 SO AS TO PROVIDE THAT A DECISION OR DETERMINATION BY ANY HOSPITAL OR MEDICAL PERSONNEL, WHICH COULD RESULT IN THE DENIAL OF PAYMENTS OR BENEFITS TO A BENEFICIARY OF A HEALTH INSURANCE POLICY, MUST BE MADE OR PERFORMED BY A PRACTICING LICENSED PHYSICIAN OR NURSE.

The House returned the Bill with amendments.

On motion of Senator LOURIE, the Bill was taken up for immediate consideration.

On motion of Senator LOURIE, the Senate agreed to the amendments made by the House of Representatives 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.

HOUSE CONCURRENCE

S. 993 -- Senators Martschink, Drummond, Giese, Hayes, Hinds, Lee, Leventis, Lindsay, Macaulay, Moore, Patterson, Rose, Russell, Shealy, J. Verne Smith, Stilwell and Wilson: A CONCURRENT RESOLUTION COMMENDING THE NATIONAL GUARD OF SOUTH CAROLINA FOR EXEMPLARY SERVICE IN CONNECTION WITH THE DIFFICULTIES POSED BY HURRICANE HUGO, SEPTEMBER 21-22, 1989, AND THE AFTERMATH.

Returned with concurrence.

Received as information.

S. 994 -- Senators Martschink, Drummond, Giese, Hayes, Hinds, Lee, Leventis, Lindsay, Macaulay, Moore, Peeler, Rose, Russell, Shealy, J. Verne Smith, Stilwell and Wilson: A CONCURRENT RESOLUTION COMMENDING THE CITIZENS OF THE STATE OF SOUTH CAROLINA FOR THEIR BRAVERY, PATIENCE, FORTITUDE, AND GENEROSITY IN CONNECTION WITH HURRICANE HUGO, SEPTEMBER 21-22, 1989, AND THE AFTERMATH.

Returned with concurrence.

Received as information.

S. 995 -- Senators Martschink, Drummond, Giese, Hayes, Hinds, Hinson, Lee, Leventis, Lindsay, Macaulay, McConnell, McLeod, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Peeler, Rose, Russell, Saleeby, Shealy, J. Verne Smith, Stilwell and Wilson: A CONCURRENT RESOLUTION THANKING THE INDIVIDUALS, BUSINESSES, AND OTHERS WHO CAME TO THE AID OF SO MANY SOUTH CAROLINIANS WHO WERE ADVERSELY AFFECTED BY HURRICANE HUGO.

Returned with concurrence.

Received as information.

S. 996 -- Senator Martschink: A CONCURRENT RESOLUTION COMMENDING RADIO STATION WPDQ OF JACKSONVILLE, FLORIDA, FOR ITS OUTSTANDING PUBLIC SERVICE TO RESIDENTS OF THE SOUTH CAROLINA LOWCOUNTRY DURING AND AFTER HURRICANE HUGO IN SEPTEMBER, 1989.

Returned with concurrence.

Received as information.

S. 997 -- Senator Shealy: A CONCURRENT RESOLUTION CONGRATULATING THE LEXINGTON HIGH SCHOOL MARCHING BAND AND BAND DIRECTOR DAN WARD UPON WINNING THE STATE 5A CHAMPIONSHIP.

Returned with concurrence.

Received as information.

S. 998 -- Senator Rose: A CONCURRENT RESOLUTION A CONCURRENT RESOLUTION TO THANK AND COMMEND DR. ERBERT F. CICENIA UPON HIS RETIREMENT FROM THE SOUTH CAROLINA DEPARTMENT OF MENTAL RETARDATION FOR HIS DEDICATED SERVICE TO THE DEPARTMENT AND TO THE PEOPLE OF SOUTH CAROLINA, AND TO WISH HIM WELL IN HIS FUTURE ENDEAVORS.

Returned with concurrence.

Received as information.

S. 999 -- Senators Rose and Martschink: A CONCURRENT RESOLUTION TO THANK AND COMMEND MAYOR BERLIN G. MYERS FOR HIS MANY YEARS OF CONTINUED SERVICE TO THE TOWN OF SUMMERVILLE, SOUTH CAROLINA, AND ITS CITIZENS.

Returned with concurrence.

Received as information.

S. 1002 -- Senators Lourie and Matthews: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF THE HONORABLE T. M. "BABE" NELSON OF CALHOUN COUNTY, FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES AND FORMER MEMBER AND CHAIRMAN OF THE STATE WORKERS' COMPENSATION COMMISSION, AND EXTENDING HEARTFELT SYMPATHY TO HIS FAMILY AND HIS MANY FRIENDS.

Returned with concurrence.

Received as information.

S. 1003 -- Senator Macaulay: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF SPECIALIST PHILLIP SCOTT LEAR OF WESTMINSTER WHO WAS KILLED DURING COMBAT IN THE INVASION OF PANAMA BY AMERICAN MILITARY FORCES.

Returned with concurrence.

Received as information.

S. 1004 -- Senator Macaulay: A CONCURRENT RESOLUTION TO RECOGNIZE MR. CHARLES KNIGHT THOMPSON OF WALHALLA IN OCONEE COUNTY UPON BEING NAMED THE 1989 AMERICAN TRUCKING ASSOCIATION'S TRUCK DRIVER OF THE YEAR.

Returned with concurrence.

Received as information.

S. 1005 -- Senators McConnell, Fielding, Martschink, McLeod and Passailaigue: A CONCURRENT RESOLUTION THANKING SOUTH CAROLINA ELECTRIC & GAS COMPANY AND ITS OUTSTANDING EMPLOYEES FOR STANDING BY THE CHARLESTON COMMUNITY SO FAITHFULLY DURING HURRICANE HUGO.

Returned with concurrence.

Received as information.

S. 1006 -- Senators McConnell, Fielding, Martschink, McLeod and Passailaigue: A CONCURRENT RESOLUTION EXPRESSING GRATITUDE TO SOUTHERN BELL TELEPHONE & TELEGRAPH COMPANY AND ITS EXCELLENT EMPLOYEES FOR STANDING BY THE CHARLESTON COMMUNITY SO FAITHFULLY DURING HURRICANE HUGO.

Returned with concurrence.

Received as information.

S. 1007 -- Senator Moore: A CONCURRENT RESOLUTION TO CONGRATULATE RYGHT JORDAN OF AIKEN COUNTY ON WINNING THE NATIONAL JUNIOR OLYMPIC CHAMPIONSHIP IN THE LONG JUMP AT THE NATIONAL MEET HELD AT SPOKANE, WASHINGTON.

Returned with concurrence.

Received as information.

S. 1008 -- Senator Pope: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF LARKIN HAMILTON JENNINGS, JR., OF UNION, AND EXTENDING HEARTFELT SYMPATHY TO HIS FAMILY AND FRIENDS.

Returned with concurrence.

Received as information.

S. 1009 -- Senators Russell, Lee and Horace C. Smith: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE DISTINGUISHED SERVICE OF SPARTANBURG MAYOR E. LEWIS MILLER.

Returned with concurrence.

Received as information.

S. 1010 -- Senator Pope: A CONCURRENT RESOLUTION TO ACKNOWLEDGE THE ACHIEVEMENT OF HOWARD J. BREWINGTON OF NEWBERRY FOR DISCOVERING A COMET.

Returned with concurrence.

Received as information.

S. 1011 -- Senators Setzler, Shealy and Wilson: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. DEE DEE CHEWNING OF GILBERT IN LEXINGTON COUNTY UPON BEING NAMED THE 1989 SOUTH CAROLINA SCHOOL HEALTH NURSE OF THE YEAR.

Returned with concurrence.

Received as information.

S. 1012 -- Senators Shealy, Wilson and Setzler: A CONCURRENT RESOLUTION CONGRATULATING LEXINGTON MIDDLE SCHOOL'S ACADEMIC TEAM UPON PLACING FIRST IN THE NATION BY WINNING THE FALL 1989 KNOWLEDGE MASTER OPEN.

Returned with concurrence.

Received as information.

S. 1013 -- Senator J. Verne Smith: A CONCURRENT RESOLUTION TO COMMEND DR. JOSEPHINE YOUNG (JO) SULLIVAN, OF GREENVILLE COUNTY, FOR HER OUTSTANDING ATHLETIC ABILITY AND FOR THE MANY VICTORIES AND AWARDS SHE HAS GARNERED IN THE NATIONAL MASTERS TRACK AND FIELD EVENTS AND IN THE NATIONAL SENIOR OLYMPICS.

Returned with concurrence.

Received as information.

S. 1015 -- Senators Holland, Moore, Matthews, Wilson, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Martschink, McConnell, McGill, McLeod, Mitchell, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Rose, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell and Williams: A CONCURRENT RESOLUTION TO EXPRESS TO MS. SHEILA MCMILLAN OF COLUMBIA THE VERY BEST WISHES OF THE GENERAL ASSEMBLY FOR A QUICK AND COMPLETE RECOVERY FROM THE INJURIES SHE RECEIVED IN A RECENT AUTOMOBILE ACCIDENT.

Returned with concurrence.

Received as information.

S. 1016 -- Senators Fielding, Helmly, Martschink, Matthews, McConnell, McLeod, Passailaigue, Rose, Bryan, Courson, Drummond, Giese, Gilbert, Hayes, Hinds, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, McGill, Mitchell, Moore, Mullinax, O'Dell, Patterson, Peeler, Pope, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Williams and Wilson: A CONCURRENT RESOLUTION COMMENDING CHARLESTON MAYOR JOSEPH P. RILEY, JR., FOR THE SUPERB LEADERSHIP HE HAS PROVIDED TO THE CITY OF CHARLESTON THROUGHOUT THE TRAGEDY OF HURRICANE HUGO.

Returned with concurrence.

Received as information.

S. 1017 -- Senators Williams, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, McLeod, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Rose, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell and Wilson: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF HARRY M. COKER OF RICHLAND COUNTY, SERGEANT-AT-ARMS OF THE STATE SENATE, AND EXTENDING HEARTFELT SYMPATHY TO HIS FAMILY AND HIS MANY FRIENDS.

Returned with concurrence.

Received as information.

S. 1018 -- Senators Rose, Courson, Drummond, Giese, Gilbert, Helmly, Hinson, Leatherman, Lee, Leventis, Long, Macaulay, McGill, McLeod, O'Dell, Peeler, Russell, Shealy, Stilwell, Thomas, Wilson, Bryan, Fielding, Hayes, Hinds, Holland, Land, Lindsay, Lourie, Martin, Martschink, Matthews, McConnell, Mitchell, Moore, Mullinax, Passailaigue, Patterson, Pope, Saleeby, Setzler, Horace C. Smith, J. Verne Smith, Nell W. Smith, Waddell and Williams: A CONCURRENT RESOLUTION TO COMMEND GOVERNOR CARROLL A. CAMPBELL, JR., FOR HIS OUTSTANDING PERSONAL LEADERSHIP OF OUR STATE DURING THE HURRICANE HUGO DISASTER.

Returned with concurrence.

Received as information.

S. 1019 -- Senators Williams, Waddell, Lindsay and Martin: A CONCURRENT RESOLUTION INVITING HIS EXCELLENCY, CARROLL A. CAMPBELL, JR., GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 7:00 P.M. ON WEDNESDAY, JANUARY 17, 1990.

Returned with concurrence.

Received as information.

S. 1050 -- Senator McLeod: A CONCURRENT RESOLUTION TO CONGRATULATE MR. AND MRS. JOHN MOUZON SMOAK, SR., OF ROUND O COMMUNITY IN COLLETON COUNTY, UPON THE OCCASION OF THEIR FIFTIETH WEDDING ANNIVERSARY.

Returned with concurrence.

Received as information.

S. 1051 -- Senators Courson, Patterson, Giese and Lourie: A CONCURRENT RESOLUTION TO COMMEND TERRELL L. GLENN, SR., ESQUIRE, OF RICHLAND COUNTY, FOR HIS GREAT PUBLIC SPIRIT IN SERVING AS A BOARD MEMBER OF THE SOUTH CAROLINA ARTS FOUNDATION.

Returned with concurrence.

Received as information.

S. 1052 -- Senators Courson, Patterson, Giese and Lourie: A CONCURRENT RESOLUTION TO COMMEND WILLIAM N. GEIGER, JR., OF RICHLAND COUNTY, FOR HIS GREAT PUBLIC SPIRIT IN SERVING AS A BOARD MEMBER OF THE SOUTH CAROLINA ARTS FOUNDATION.

Returned with concurrence.

Received as information.

S. 1053 -- Senators Courson, Hayes, Peeler and Hinson: A CONCURRENT RESOLUTION TO COMMEND STEVE MCCRAE, JR., ESQUIRE, OF YORK COUNTY, FOR HIS GREAT PUBLIC SPIRIT IN SERVING AS A BOARD MEMBER OF THE SOUTH CAROLINA ARTS FOUNDATION.

Returned with concurrence.

Received as information.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1060 -- Senators Martin, Lindsay, Williams, Waddell, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Lee, Leventis, Long, Lourie, Macaulay, Martschink, Matthews, McConnell, McGill, McLeod, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Rose, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas and Wilson: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MR. B. MARION SMITH, JR., OF COLUMBIA, AND EXTENDING SYMPATHY TO HIS FAMILY AND HIS MANY FRIENDS.

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

S. 1061 -- Senators Courson, Pope and Macaulay: A CONCURRENT RESOLUTION TO FIX 2:00 P.M., ON WEDNESDAY, JANUARY 17, 1990, AS THE TIME FOR A JOINT SESSION OF THE GENERAL ASSEMBLY FOR THE PURPOSE OF COMMEMORATING THE UNITED STATES CONSTITUTION BICENTENNIAL ERA IN SOUTH CAROLINA.

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

That the Senate and the House of Representatives meet in joint assembly in the Hall of the House of Representatives at 2:00 p.m., Wednesday, January 17, 1990, for the purpose of commemorating the United States Constitution Bicentennial Era in South Carolina.

Referred to the Committee on Invitations.

S. 1062 -- Senator Lourie: A SENATE RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA JAYCEES TO USE THE CHAMBER OF THE SOUTH CAROLINA SENATE ON SATURDAY AND SUNDAY, JANUARY 27 AND 28, 1990, TO REQUEST THE DIVISION OF GENERAL SERVICES TO PROVIDE FOR REASONABLE USE OF THE UNDERGROUND PARKING FACILITIES, AND TO ARRANGE FOR ASSISTANCE AND ACCESS BY THE APPROPRIATE SECURITY OFFICES.

Be it resolved by the Senate:

That the South Carolina Jaycees are authorized to use the the Chamber of the Senate on Saturday and Sunday, January 27 and 28, 1990, if the Senate is not in statewide session on those days, for the purpose of involving the Jaycees in the legislative process and for the purpose of conducting a model legislature.

Be it further resolved that the Division of General Services is requested to provide for the underground parking facilities to be made availablefor reasonable use by the Jaycees and that the Senate Security Office and Capitol Complex Police provide assistance and access necessary for this meeting in accordance with previous procedures.

Referred to the Committee on Invitations.

S. 1063 -- Senators Martschink and Nell W. Smith: A BILL TO AMEND SECTION 59-63-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALLOWING CORPORAL PUNISHMENT IN THE PUBLIC SCHOOLS OF THIS STATE, SO AS TO PROHIBIT CORPORAL PUNISHMENT, PROVIDE EXCEPTIONS, AND DEFINE "CORPORAL PUNISHMENT".

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

S. 1064 -- Senators Long and Hinds: A JOINT RESOLUTION TO AMEND SECTION 59, PART II OF ACT 189 OF 1989, THE GENERAL APPROPRIATIONS ACT, SO AS TO PROVIDE THAT THE PARKS, RECREATION AND TOURISM DEPARTMENT MAY SPEND CERTAIN FUNDS SET ASIDE PURSUANT TO SECTION 12-27-1270 FOR ADVERTISING AND PROMOTING TOURISM IN SOUTH CAROLINA.

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

S. 1065 -- Senators Passailaigue, McConnell, Martschink and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 6 IN CHAPTER 9 OF TITLE 12 SO AS TO PROVIDE FOR STATE INCOME TAX WITHHOLDING ON THE AMOUNT REALIZED FROM THE SALE OF REAL PROPERTY AND ASSOCIATED TANGIBLE PERSONAL PROPERTY TO NONRESIDENTS, TO PROVIDE THAT THE CLOSING AGENT SHALL WITHHOLD AND PAY OVER THE TAX, TO PROVIDE THE METHOD FOR COMPUTING AND PAYING OVER THE AMOUNTS WITHHELD, TO ALLOW WITHHOLDING ON GAIN FROM THE SALE IF THE SELLER PROVIDES THE PURCHASER AN AFFIDAVIT STATING THE AMOUNT OF THE GAIN AND TO PROVIDE THAT THE SELLER MAY APPLY TO THE SOUTH CAROLINA TAX COMMISSION FOR REFUND OF EXCESS WITHHOLDING, TO ALLOW THE SOUTH CAROLINA TAX COMMISSION TO EXEMPT CLASSES OF TRANSACTIONS ANDEXTEND TIME FOR PAYMENT AND TO PROVIDE DEFINITIONS; AND TO AMEND SECTION 12-9-310, AS AMENDED, RELATING TO INCOME TAX WITHHOLDING, SO AS TO DELETE THE WITHHOLDING REQUIREMENT ON SALES OF REAL PROPERTY AND ASSOCIATED TANGIBLE PERSONAL PROPERTY TO RESIDENTS.

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

S. 1066 -- Senator McGill: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF FAIR DEAL WAREHOUSE CORPORATION IN WILLIAMSBURG COUNTY.

Read the first time and on motion of Senator McGILL, with unanimous consent, ordered placed on the Calendar without reference.

Ordered To A Second And Third Reading

On motion of Senator MCGILL, S. 1066 was ordered to receive a second and third reading on the next two consecutive legislative days.

H. 3800 -- Reps. Hearn, Wilder and Baxley: A BILL TO AMEND SECTION 40-35-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR THE PURPOSE OF NURSING HOME ADMINISTRATORS, SO AS TO DEFINE THE TERM "COMMUNITY RESIDENTIAL CARE FACILITY" AND THE TERM "COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATOR"; TO ADD SECTION 40-35-35 SO AS TO PROVIDE FOR THE LICENSURE OF COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS; TO ADD SECTION 44-7-275, SO AS TO PROVIDE FOR A CRIMINAL RECORDS CHECK FOR APPLICATIONS FOR LICENSURE UNDER ARTICLE 3, CHAPTER 7, TITLE 34 WHICH IS THE "STATE CERTIFICATION OF NEED ON HEALTH FACILITY LICENSURE ACT"; TO AMEND SECTION 44-7-370, AS AMENDED, RELATING TO THE RESIDENTIAL CARE COMMITTEE TO ASSIST THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL REGARDING THE LICENSING AND INSPECTION OF COMMUNITY RESIDENTIAL CARE, SO AS TO REVISE THE MEMBERSHIP OF THE COMMITTEE; AND TO REPEAL SECTION 44-7-310, RELATINGTO CERTAIN INFORMATION RECEIVED BY THE OFFICE OF HEALTH LICENSING NOT TO BE PUBLICLY DISCLOSED.

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

H. 4197 -- Rep. White: A BILL TO AMEND ACT 589 OF 1986, RELATING TO THE BOARD OF EDUCATION OF BEAUFORT COUNTY, SO AS TO PROVIDE FOR A SPECIAL ELECTION TO FILL A VACANCY WHENEVER THE REMAINDER OF THE TERM EXCEEDS TWENTY-SIX MONTHS.

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

Ordered To A Second Reading

On motion of Senator WADDELL, H. 4197 was ordered to receive a second reading on Friday, January 12, 1990.

H. 4311 -- Reps. Rudnick, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Farr, Felder, Ferguson, Foster, Gentry, Glover, Gordon, Gregory, Hallman, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hayes, Hendricks, Hodges, Holt, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Kay, Keegan, Keesley, Keyserling, Kinon, Kirsh, Klapman, Kohn, Koon, Lanford, Limehouse, Littlejohn, Manly, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, J. Rogers, T. Rogers, Sharpe, Sheheen, Short, Simpson, Smith, Snow, Stoddard, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Winstead, Wofford and Wright: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY ATTHE DEATH OF MISS INEZ WATSON OF COLUMBIA, FORMER CLERK OF THE HOUSE OF REPRESENTATIVES, AND EXTENDING SYMPATHY TO HER FAMILY AND MANY FRIENDS.

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

H. 4312 -- Reps. Clyborne, D. Martin, White and McGinnis: A CONCURRENT RESOLUTION TO EXPRESS TO MS. SHEILA MCMILLAN OF COLUMBIA THE VERY BEST WISHES OF THE GENERAL ASSEMBLY FOR A QUICK AND COMPLETE RECOVERY FROM THE INJURIES SHE RECEIVED IN A RECENT AUTOMOBILE ACCIDENT.

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

H. 4313 -- Reps. T.C. Alexander and McLellan: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF SPECIALIST PHILLIP SCOTT LEAR OF WESTMINSTER WHO WAS KILLED DURING COMBAT IN THE INVASION OF PANAMA BY AMERICAN MILITARY FORCES.

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

H. 4316 -- Reps. Wilder and Baxley: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 28, 1990, AS "HANDICAPPED CHILDREN'S DAY", TO ENDORSE THE "B.A.C.-COFFEE DAY FOR HANDICAPPED CHILDREN" PROJECT AND OTHER OUTSTANDING PROGRAMS OF THE EASTER SEAL SOCIETY OF SOUTH CAROLINA, AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY AT 12:00 NOON ON WEDNESDAY, MARCH 28, 1990, AT WHICH TIME THE STATE EASTER SEAL REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.

Whereas, the Easter Seal Society has again embarked upon its most worthwhile project to raise funds for children with disabilities, culminating in the thirty-eighth annual "B.A.C.-Coffee Day for Handicapped Children" in South Carolina on Good Friday, April 13, 1990; and

Whereas, under the statewide leadership of Heyward E. McDonald, State Easter Seal President, and Allen P. Corbett, State Campaign Chairman, ably assisted by Capt. William C. Dees, State President, Lt. Col. Alton T. Morris, "B.A.C." Project Chairman, and John L. Caudle, II, Executive Director, all from the South Carolina Law Enforcement Officers' Association, and Joseph W. Polinski, Executive Director, Harold L. Corley, "B.A.C." Project Chairman, and C. Scotty Langham, Jr., President, from the South Carolina Restaurant Association, this program is destined to raise thousands of dollars to aid our very deserving children and assist them in overcoming their disabilities; and

Whereas, the "B.A.C." buttons go on sale on Friday, March 30, 1990; and

Whereas, the "B.A.C." project and all other programs of the Easter Seal Society deserve the support, merit, and praise of all the citizens of the State. Now, therefore,

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

That Wednesday, March 28, 1990, is designated "Handicapped Children's Day" in South Carolina and that Joseph Shell Allen, son of Mr. and Mrs. Randy Allen of Georgetown County; Hollie Leigh Bottoms, daughter of Mr. and Mrs. Chris Bottoms of Oconee County; Ashley Elliot, daughter of Mr. and Mrs. Teddy Elliot of Kershaw County; Broderick Gibbs, son of Mr. and Mrs. Fredrick Gibbs of Richland County; and Bryant Shelley, son of Mr. and Mrs. Allen Shelley of Charleston County, who have been chosen to serve as State Easter Seal Representatives to represent all of our citizens with disabilities, be presented to the General Assembly, along with their parents, in a joint session in the Hall of the House of Representatives on Wednesday, March 28, 1990.

Be it further resolved that the General Assembly extends to the Easter Seal Society and its many dedicated supporters its sincere wishes for continued success in its many constructive and compassionate programs on behalf of persons with disabilities.

Be it further resolved that a copy of this resolution be forwarded to Herman L. Shealy, Jr., Executive Director of the Easter Seal Society, for distribution to the state chairmen of the various phases of the Easter Seal campaign and the "B.A.C." project, as well as to the State Easter Seal Representatives themselves.

Referred to the Committee on Invitations.

H. 4317 -- Spartanburg Delegation: A CONCURRENT RESOLUTION EXPRESSING APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE DISTINGUISHED SERVICE OF THE HONORABLE E. LEWIS MILLER AS MAYOR OF SPARTANBURG.

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

H. 4318 -- Rep. Davenport: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILIES OF THE BRAVE PATRIOTS FROM SOUTH CAROLINA WHO LOST THEIR LIVES IN THE SERVICE TO THE UNITED STATES IN THE RECENT INVASION OF THE REPUBLIC OF PANAMA.

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

H. 4321 -- Reps. Rudnick, Klapman, Kinon, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Farr, Felder, Ferguson, Foster, Gentry, Glover, Gordon, Gregory, Hallman, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hayes, Hendricks, Hodges, Holt, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Kay, Keegan, Keesley, Keyserling, Kirsh, Kohn, Koon, Lanford, Limehouse, Littlejohn, Manly, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, J. Rogers, T. Rogers, Sharpe, Sheheen, Short, Simpson, Smith, Snow, Stoddard, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Winstead, Wofford and Wright: A CONCURRENT RESOLUTION EXPRESSING APPRECIATION TO THE HONORABLE EDGAR L. MCGOWAN FOR HIS NINETEEN YEARS OF OUTSTANDING SERVICE AS COMMISSIONER OF LABOR AND WISHING HIM HAPPINESS IN HIS NEW ENDEAVORS.

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

H. 4322 -- Reps. Rudnick, Kinon, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Farr, Felder, Ferguson, Foster, Gentry, Glover, Gordon, Gregory, Hallman, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hayes, Hendricks, Hodges, Holt, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Kay, Keegan, Keesley, Keyserling, Kirsh, Klapman, Kohn, Koon, Lanford, Limehouse, Littlejohn, Manly, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, J. Rogers, T. Rogers, Sharpe, Sheheen, Short, Simpson, Smith, Snow, Stoddard, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Winstead, Wofford and Wright: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF BOTH HOUSES OF THE GENERAL ASSEMBLY AT THE DEATH OF HARRY M. COKER OF RICHLAND COUNTY, DISTINGUISHED SERGEANT-AT-ARMS OF THE SENATE, AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.

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

H. 4323 -- Reps. Rudnick, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Farr, Felder, Ferguson, Foster, Gentry, Glover, Gordon, Gregory, Hallman, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hayes, Hendricks, Hodges, Holt, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Kay, Keegan, Keesley, Keyserling, Kinon, Kirsh, Klapman, Kohn, Koon, Lanford, Limehouse, Littlejohn, Manly, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, J. Rogers, T. Rogers, Sharpe, Sheheen, Short, Simpson, Smith, Snow, Stoddard, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Winstead, Wofford and Wright: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MRS. JULIA BURK BATES OF COLUMBIA AND EXTENDING SYMPATHY TO HER FAMILY AND MANY FRIENDS.

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

H. 4324 -- Aiken Delegation: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF THE HONORABLE JOHN L. HIXON OF AIKEN COUNTY, FORMER MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

H. 4325 -- Aiken Delegation: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF THE HONORABLE CLYDE F. STROM OF AIKEN COUNTY, FORMER MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

H. 4326 -- Reps. Rudnick, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Farr, Felder, Ferguson, Foster, Gentry, Glover, Gordon, Gregory, Hallman, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hayes, Hendricks, Hodges, Holt, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Kay, Keegan, Keesley, Keyserling, Kinon, Kirsh, Klapman, Kohn, Koon, Lanford, Limehouse, Littlejohn, Manly, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, J. Rogers, T. Rogers, Sharpe, Sheheen, Short, Simpson, Smith, Snow, Stoddard, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Winstead, Wofford and Wright: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF CHARLES THOMAS MARSH OF AIKEN COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

H. 4327 -- Reps. Rudnick, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Farr, Felder, Ferguson, Foster, Gentry, Glover, Gordon, Gregory, Hallman, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hayes, Hendricks, Hodges, Holt, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Kay, Keegan, Keesley, Keyserling, Kinon, Kirsh, Klapman, Kohn, Koon, Lanford, Limehouse, Littlejohn, Manly, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, J. Rogers, T. Rogers, Sharpe, Sheheen, Short, Simpson, Smith, Snow, Stoddard, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Winstead, Wofford and Wright: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MR. JOHN G. LYON OF AIKEN COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

H. 4328 -- Rep. Taylor: A CONCURRENT RESOLUTION TO COMMEND GENE'-GAP, INC., AN AIKEN BASED CORPORATION, FOR ORIGINATING AND IMPLEMENTING THE CONCEPT OF INTERGENERATIONAL DAY CARE WHERE OLDER ADULTS AND CHILDREN CAN INTERACT WITH EACH OTHER.

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

H. 4329 -- Rep. Taylor: A CONCURRENT RESOLUTION TO CONGRATULATE MR. AND MRS. BERNARD D. SPRY OF COLUMBIA UPON THE OCCASION OF THEIR FIFTIETH WEDDING ANNIVERSARY.

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

H. 4310 -- Rep. J. Rogers: A CONCURRENT RESOLUTION TO EXPRESS TO THE FAMILY AND FRIENDS OF DR. KATHRYN L. HINNANT, WHO WAS SENSELESSLY MURDERED AT BELLEVUE HOSPITAL IN NEW YORK CITY ON JANUARY 7, 1989, THE RESPECT OF THE GENERAL ASSEMBLY FOR HER, FOR HER WORK, AND FOR HER MEMORY.

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

H. 4331 -- Reps. Harvin, Klapman and Taylor: A CONCURRENT RESOLUTION TO FIX 2:00 P.M., ON WEDNESDAY, JANUARY 17, 1990, AS THE TIME FOR A JOINT SESSION OF THE GENERAL ASSEMBLY FOR THE PURPOSE OF COMMEMORATING THE UNITED STATES CONSTITUTION BICENTENNIAL ERA IN SOUTH CAROLINA.

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

That the House of Representatives and the Senate meet in joint assembly in the Hall of the House of Representatives at 2:00 P.M., Wednesday, January 17, 1990, for the purpose of commemorating the United States Constitution Bicentennial Era in South Carolina.

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

H. 4332 -- Rep. Bruce: A CONCURRENT RESOLUTION TO COMMEND THE FUTURE HOMEMAKERS OF AMERICA CLUB OF CHAPMAN HIGH SCHOOL OF INMAN IN SPARTANBURG COUNTY FOR THE OUTSTANDING RECORD IT HAS ACHIEVED.

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

REPORTS OF STANDING COMMITTEES
Adopted

Senator MOORE, from the Committee on Invitations, submitted a favorable report on:

H. 4302 -- Reps. Corning and Waites: A CONCURRENT RESOLUTION EXPRESSING THE SUPPORT OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE CHILDREN'S TRUST FUND MARCH AND RALLY ON SATURDAY, JANUARY 13, 1990.

On motion of Senator MOORE, with unanimous consent, the Concurrent Resolution was taken up for immediate consideration.

On motion of Senator MOORE, the Resolution was ordered adopted and returned to the House.

OBJECTION

S. 699 -- Senator Waddell: A BILL TO AMEND ARTICLE 11, CHAPTER 13 OF TITLE 51, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PATRIOT'S POINT DEVELOPMENT AUTHORITY, SO AS TO FURTHER PROVIDE FOR ITS ORGANIZATION, STRUCTURE, PURPOSES, AND POWERS.

Senator WADDELL asked unanimous consent to make a motion to reconsider the vote whereby the Bill was requested to be returned from the House of Representatives.

Senator PASSAILAIGUE objected.

PRIVILEGE OF THE FLOOR

By prior motion of Senator MOORE, the Privilege of the Floor was extended to Ms. Margaret Crawford, Columbia Junior League, and Ms. Marian Wright Edelman, President of the Children's Defense Fund of Washington, D.C.

After introductory remarks by the PRESIDENT, Ms. Edelman addressed the Senate as follows:

"Thank you. I thank the Speaker, Mr. PRESIDENT, the Lieutenant Governor, for that gracious introduction. I want to thank Senator NELL W. SMITH and all of the members of the wonderful Children's Committee and I want to thank this body for your investment in education funding and early childhood, for all you have done to make such progress in South Carolina and, of course, I am grateful to Margaret Crawford and the Junior League for their great interest in making sure the children come first.

Every eight seconds of the school day an American child drops out. Every twenty-six seconds an American child runs away from home. Every forty-seven seconds an American child is abused and neglected. Every sixty-seven seconds an American child has a baby who is a teenager. Every seven minutes an American child is arrested for a drug offense. Every thirty minutes an American child is arrested for drunken driving. Every thirty-six minutes, as you sit here, an American child dies or is injured by guns. Every fifty-three minutes in our rich land, an American child dies because of poverty. And every day, 100,000 children are homeless.

On Monday at the Children's Defense Fund, we issued a national report card on how well our nation is doing in protecting its children and we looked at the performance of all fifty states as well. And we found that America is not competitive with other industrialized nations in caring for its children and preparing for its future. As the wealthiest nation on earth with the largest gross national product, we have an "A" capacity to protect our children but an "F" performance. And we're going to change that together in the 1990's. American one year olds have lower immunization rates against polio than one year olds in fourteen other countries. This is simply not American and it's also bad budget policy because every dollar we invest in immunization will save ten dollars on the other end. America's overall infant mortality rate lags behind eighteen other nations. We can do better than that. In a study of eight industrialized nations, we found that America has the child poverty race and children are the poorest Americans. We are 22nd in the world in keeping our children under five alive. We are alone among industrialized nations with South Africa not providing our mothers and children with universal health care and child care and with parental leave. This inadequate national performance is reflected in an adequate state performance. In all fifty states, we didn't find one state that we thought they were doing the things that they know they can do.

But the good news for South Carolina in this state report card is that we tied for seventh with California among fifty states in investing in our children and in the key indicators of child well-being. The bad news is that our score was only 45% and I know working together and with the kind of leadership that has been shown by this body and your companion House that we are going to make sure that South Carolina leads the nation in caring for its children in the nineties.

South Carolina nevertheless lead the seventeen Southern states in our twenty measures of child progress, but there are some areas that you know about and are trying to work on where we need improvement. Because between 1978 and 1987, South Carolina saw the sharpest decline in the proportion that women receiving prenatal care of any state in the nation and we still rank 49th and I use "we" because this is always going to be home. We ranked 49th in the nation in early prenatal care. And, again, we are making efforts in expanding Medicaid and I am grateful for that. It's also good budget policy to expand prenatal care because it costs about $600 to keep our babies healthy and our pregnant mothers in good health care; it costs about $1,000 a day to keep our low birth weight babies alive in neonatal intensive care nurseries and I hope you will go and visit these neonatal intensive care nurseries and see the American future lying there struggling for breath and struggling for life at great public cost.

South Carolina still ranks 48th in infant mortality and low birth weight and while we have made progress on teen childbearing in the last decade, 32 states made greater progress in the eighties than we in South Carolina did and we ranked 41st. Child support collections and paternity establishment, we are still getting less than half of all the amounts owed and I hope we can make more progress. I know we will in the nineties.

And, South Carolina still, as you know, has one in four children living in poverty. We saw childhood poverty in this State increase by 12%. We can turn that around. You have made significant progress through your investment in early childhood education and in education and I do hope that the kind of progress that has ranked you 7th will continue, that the kind of investments that you have made will continue in the nineties so that you really can become number one not only in the South, but in America. Together, I am convinced we can make it un-American for any child to grow up poor, without need of health and child care, without the kind of education they need to prepare us for the new century. We don't have a choice, because I think these kinds of figures are a rebuke to everything America says we stand for, but they will also bring us to our economic knees if we don't understand that we don't have a child to waste and if we are going to have a competitive work force, that means investing in every one of our children today. So, I thank you for what you have done. I thank you for what you are going to do. I didn't see my distinguished Senator from Marlboro County, Senator LINDSAY, and I want to thank him for what he has done and I look forward to working with you and the Children's Committee to really making South Carolina number one. I know we can do that. So, thank you for having me."

THIRD READING BILLS

The following Bills were severally read the third time, passed and ordered sent to the House of Representatives:

S. 1049 -- Senators Mullinax, O'Dell and Macaulay: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 47 TO TITLE 43 SO AS TO PROVIDE FOR A COUNTY HUMAN RESOURCES COMMISSION; TO AMEND SECTIONS 43-41-10, 43-41-30, AND 43-41-40, RELATING TO THE GLEAAMS HUMAN RESOURCES COMMISSION, SO AS TO DELETE THE PROVISIONS FOR THE COMMISSION IN ANDERSON COUNTY; TO CHANGE THE NAME OF THE COMMISSION TO GLEAMS; AND TO PROVIDE FOR THE EXPIRATION OF THE TERMS OF THE MEMBERS OF THE COMMISSION REPRESENTING ANDERSON COUNTY.

(By prior motion of Senator MULLINAX)

S. 1045 -- Senator Giese: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF COLUMBIA MEDICAL SOCIETY OF RICHLAND COUNTY, SOUTH CAROLINA, INC.

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

S. 1047 -- Senator Setzler: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF CAYCE-WEST COLUMBIA CIVITAN CLUB IN LEXINGTON COUNTY.

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

SECOND READING BILLS

The following Bills having been read the second time were passed and ordered to a third reading:

S. 894 -- Senators Passailaigue and Mitchell: A BILL TO REPEAL SECTION 12-9-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BACKUP STATE INCOME TAX WITHHOLDING.

Ordered To A Third Reading

On motion of Senator PASSAILAIGUE, with unanimous consent, S. 894 was ordered to receive a third reading on Friday, January 12, 1990.

S. 1059 -- Senator Leatherman: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF THE FLORENCE SYMPHONY ORCHESTRA.

Ordered To A Third Reading

On motion of Senator LEATHERMAN, S. 1059 was ordered to receive a third reading on Friday, January 12, 1990.

MOTION ADOPTED

S. 684 -- Senators Saleeby, J. Verne Smith, Moore, Setzler and Rose: A BILL TO AMEND CHAPTER 56, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 SO AS TO CREATE THE HAZARDOUS WASTE MANAGEMENT RESEARCH FUND TO BE USED FOR RESEARCH RELATED TO WASTE MINIMIZATION AND REDUCTION AND TO DEVELOP A MORE EFFECTIVE AND EFFICIENT METHOD OF CONDUCTING GOVERNMENTAL RESPONSE ACTIONS AT UNCONTROLLED HAZARDOUS WASTE SITES, TO PROVIDE THE MECHANISM BY WHICH MONIES MUST BE CREDITED TO THE FUND, TO CREATE THE SOUTH CAROLINA UNIVERSITIES RESEARCH AND EDUCATION FOUNDATION, TO PROVIDE FOR ITS DUTIES, POWERS, AND RESPONSIBILITIES, TO REQUIRE THE FOUNDATION TO SUBMIT AN ANNUAL REPORT ACCOUNTING FOR THE EXPENDITURE OF FUNDS AND THE RESULTS OF THE RESEARCH PROGRAM, CREATE THE HAZARDOUS WASTE MANAGEMENT SELECT OVERSIGHT COMMITTEE, TO PROVIDE FOR ITS COMPOSITION, DUTIES, AND RESPONSIBILITIES; TO AMEND SECTION 44-56-160, AS AMENDED, RELATING TO THE HAZARDOUS WASTE CONTINGENCY FUND, SO AS TO INCREASE FROM TEN TO EIGHTEEN AND THIRTEEN TO TWENTY-FOUR DOLLARS A TON THE AMOUNTS FROM WHICH THE FUND IS FINANCED BY FEES IMPOSED UNDER THE PROVISIONS OF SECTIONS 44-56-170(C) AND (E); TO AMEND SECTION 44-56-170, RELATING TO REPORTS, FEES, AND ADMINISTRATION OF THE FUND, SO AS TO INCREASE FROM THIRTEEN TO TWENTY-FIVE DOLLARS A TON THE FEE IMPOSED ON HAZARDOUS WASTES GENERATED AND DISPOSED OF IN THIS STATE BY LANDFILLING OR OTHER MEANS OF LAND DISPOSAL AND TO INCREASE FROM EIGHTEEN TO THIRTY-FIVE DOLLARS A TON THE MINIMUM FEE IMPOSED ON ALL HAZARDOUS WASTES GENERATED OUTSIDE THE STATE AND RECEIVED AT A FACILITY IN THIS STATE.

On motion of Senator J. VERNE SMITH, the Bill was removed from the Calendar.

RECOMMITTED

S. 72 -- Senator Drummond: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA ENVIRONMENTAL CERTIFICATION BOARD FOR SIX YEARS AND TO AMEND SECTION 40-23-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE ENVIRONMENTAL CERTIFICATION BOARD, SO AS TO DECREASE THE NUMBER OF MEMBERS FROM FOURTEEN TO SEVEN AND PROVIDE FOR THEIR APPOINTMENT.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendments proposed by the Committee on Labor, Commerce and Industry.

On motion of Senator J. VERNE SMITH, the Bill was recommitted to the Committee on Labor, Commerce and Industry.

RECALLED AND READ

S. 1042 -- Senators Land, Leatherman, Williams, Waddell, Leventis, Saleeby, McLeod and Martin: A JOINT RESOLUTION TO SUSPEND A PORTION OF R63-350, A REGULATION OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION RELATING TO REPAIR OF HIGHWAY ADVERTISING SIGNS, FOR A SIX-MONTH PERIOD.

On motion of Senator LAND, with unanimous consent, the Joint Resolution was recalled from the Committee on Transportation.

On motion of Senator LAND, with unanimous consent, the Joint Resolution was taken up for immediate consideration.

On motion of Senator LAND, the Joint Resolution was read the second time, passed and ordered to a third reading.

Ordered To A Third Reading

On motion of Senator LAND, with unanimous consent, S. 1042 was ordered to receive a third reading on Friday, January 12, 1990.

Message From The House

Columbia, S.C., January 11, 1990

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on the following Bill:
H. 3739 -- Reps. Sheheen, Huff, Rama, Felder, Smith, Hodges, G. Brown, Tucker, Wilder, Harvin, Keesley, Snow, Waites, Mappus, McCain, McEachin, McElveen, Jaskwhich, McLellan, Elliott, J.W. Johnson, Hendricks, Rhoad, McAbee, Burch, J. Bailey, Harwell, Wright, T. Rogers, R. Brown, Stoddard, McGinnis, Nettles, Lockemy, Gregory and Keyserling: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10 TO TITLE 4 SO AS TO PROVIDE FOR THE LEVY OF A SALES AND USE TAX IN A COUNTY AREA BY SETTING FORTH DEFINITIONS, PURPOSES, AND REQUIREMENTS FOR A REFERENDUM, COLLECTION, USES, AND DISTRIBUTION.
Very respectfully,
Speaker of the House

Received as information.

MOTION RECONSIDERED

S. 699 -- Senator Waddell: A BILL TO AMEND ARTICLE 11, CHAPTER 13 OF TITLE 51, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PATRIOT'S POINT DEVELOPMENT AUTHORITY, SO AS TO FURTHER PROVIDE FOR ITS ORGANIZATION, STRUCTURE, PURPOSES, AND POWERS.

Senator WADDELL asked unanimous consent to renew the motion of reconsider the vote whereby the Bill was requested to be returned from the House of Representatives.

Senator WADDELL spoke in favor of the motion.

Senators PASSAILAIGUE and McCONNELL argued contra to the motion.

The motion to reconsider was adopted.

Recorded Vote

Senator PASSAILAIGUE desired to be recorded as voting against the motion to reconsider.

Senator WADDELL moved that the motion to request the return of S. 699 from the House of Representatives be laid on the table.

The motion to request the return of S. 699 was tabled.

ORDERED ENROLLED FOR RATIFICATION
Report Of The Committee Of Free Conference

H. 3739 -- Reps. Sheheen, Huff, Rama, Felder, Smith, Hodges, G. Brown, Tucker, Wilder, Harvin, Keesley, Snow, Waites, Mappus, McCain, McEachin, McElveen, Jaskwhich, McLellan, Elliott, J.W. Johnson, Hendricks, Rhoad, McAbee, Burch, J. Bailey, Harwell, Wright, T. Rogers, R. Brown, Stoddard, McGinnis, Nettles, Lockemy, Gregory and Keyserling: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10 TO TITLE 4 SO AS TO PROVIDE FOR THE LEVY OF A SALES AND USE TAX IN A COUNTY AREA BY SETTING FORTH DEFINITIONS, PURPOSES, AND REQUIREMENTS FOR A REFERENDUM, COLLECTION, USES, AND DISTRIBUTION.

The Report of the Committee of Free Conference was taken up for immediate consideration. The question being the adoption of the Report of the Committee of Free Conference (Doc. No. 2656R, G2) which was later adopted as follows:

FREE CONFERENCE REPORT

The General Assembly, Columbia, S.C., Jan. 9, 1990

The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 3739 -- Reps. Sheheen, Huff, Rama, Felder, Smith, Hodges, G. Brown, Tucker, Wilder, Harvin, Keesley, Snow, Waites, Mappus, McCain, McEachin, McElveen, Jaskwhich, McLellan, Elliott, J.W. Johnson, Hendricks, Rhoad, McAbee, Burch, J. Bailey, Harwell, Wright, T. Rogers, R. Brown, Stoddard, McGinnis, Nettles, Lockemy, Gregory and Keyserling: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10 TO TITLE 4 SO AS TO PROVIDE FOR THE LEVY OF A SALES AND USE TAX IN A COUNTY AREA BY SETTING FORTH DEFINITIONS, PURPOSES, AND REQUIREMENTS FOR A REFERENDUM, COLLECTION, USES, AND DISTRIBUTION.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

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

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

"CHAPTER 10
Local Sales and Use Tax

Section 4-10-10. For purposes of this chapter:

(1) 'County area' means a county and all municipalities within its geographical boundaries.

(2) 'County' means the unincorporated areas of a county area or county government as the use of the term dictates.

(3) 'Municipality' means a municipal corporation created pursuant to Chapter 1 of Title 5 or a municipal government as the use of the term dictates.

(4) 'Minimum distribution' means an amount equal to two million dollars for the first distribution and after that adjusted annually on a cumulative basis by a percentage equal to the increase in revenues credited to the Education Improvement Act Fund for the most recently completed fiscal year over the revenues credited to that fund in the preceding fiscal year.

(5) 'Population' means population as determined in the most recent official United States Census.

Section 4-10-20. A county, upon referendum approval, may levy a sales and use tax of one percent on the gross proceeds of sales within the county area which are subject to tax under Chapter 35 of Title 12 and the enforcement provisions of Chapter 54 of Title 12. The sale of items with a maximum tax levied in accordance with Sections 12-35-516, 12-35-518, and 12-35-519 and Article 11 of Chapter 35 of Title 12 are exempt from the local sales and use tax. The adopted rate also applies to tangible personal property subject to the use tax in Section 12-35-810. Taxpayers required to remit taxes under Section 12-35-810 shall identify the county or municipality in the county area in which tangible personal property purchased at retail is stored, used, or consumed in this State. Utilities are required to report sales in the county or municipality in which consumption of the tangible personal property occurs. A taxpayer subject to the tax imposed by Article 6, Chapter 35 of Title 12, who owns or manages rental units in more than one county or municipality shall report separately in his sales tax return the total gross proceeds from business done in each county or municipality.

Section 4-10-25. The gross proceeds of sales of tangible personal property delivered after the imposition date of the tax levied under Section 4-10-20 in a county, either under the terms of a construction contract executed before the imposition date, or a written bid submitted before the imposition date, culminating in a construction contract entered into before or after the imposition date, are exempt from the local sales and use tax provided in Section 4-10-20 if a verified copy of the contract is filed with the South Carolina Tax Commission within six months after the imposition of the local sales and use tax.

Section 4-10-30. (A) The county election commission in each county shall conduct a referendum on the Tuesday following the first Monday in November on the question of implementing the local option sales and use tax within the county area. The state election laws apply to the referendum mutatis mutandis. The county election commission shall publish the results of the referendum and certify them to the county council. The sales and use tax must not be imposed in the county area, unless a majority of the qualified electors voting in the referendum approve the question.

(B) The ballot must read substantially as follows:

'Must a one percent sales and use tax be levied in ________ County for the purpose of allowing a credit against a taxpayer's county and municipal ad valorem tax liability and for the purpose of funding county and municipal operations in the __________ County area?

Yes [ ]

No [ ] '

(C) If the question is not approved at the initial referendum, the county council may call for another referendum on the question. However, following the initial referendum, a referendum for this purpose must not be held more often than once in twelve months and must be held on the Tuesday following the first Monday in November.

(D) Two weeks before the referendum the county council and the municipal councils in the county area shall publish in a newspaper of general circulation within the jurisdiction the anticipated credit against property taxes in the first year of implementation of the property tax credit fund. The notice must show the anticipated credit on the following classes of property:

(1)   a primary residence;

(2)   personal property including, but not limited to, an automobile;

(3)   a commercial facility;

(4)   an industrial facility.

Section 4-10-35. (A) Upon petition of fifteen percent of the qualified electors of a county presented to the governing body of that county which has implemented the one percent sales and use tax authorized by this chapter requesting that this tax be rescinded, the county governing body shall conduct a referendum on the Tuesday following the first Monday in November next following on the question of rescinding the local option sales and use tax within the county area. The state election laws apply to the referendum mutatis mutandis. The county election commission shall publish the results of the referendum and certify them to the county council. The sales and use tax must be rescinded in the county area upon the certification of the results if a majority of the qualified electors voting in the referendum vote in favor of rescinding the tax.

(B) The ballot must read substantially as follows:

'Must the one percent local option sales and use tax levied in _______ County pursuant to Chapter 10, Title 4 of the 1976 Code be rescinded?

Yes [ ]

No [ ] '

(C) A referendum for rescission of this tax may not be held earlier than two years after the tax has been levied in the county. If a majority of the qualified electors voting in the rescission referendum vote against rescinding the tax, no further rescission referendums may be held for a period of two years. If a majority of the qualified electors vote in favor of rescinding the tax, the tax may not be reimposed in the county for a period of two years. The petition requesting rescission must be presented to the county governing body at least one hundred twenty days before the Tuesday following the first Monday of November of that year or the referendum must be held on the Tuesday following the first Monday of November of the following year.

Section 4-10-40. (A) The revenue allocated to the Property Tax Credit Fund, as provided in Section 4-10-90, must be distributed to the county and the municipalities in the county area as follows:

(1) sixty-seven percent to the county;

(2) thirty-three percent to the municipalities in the county area so that each municipality receives an amount equal to what its percentage of population bears to the total population in all the municipalities in the county area.

(B) All of the revenue received by a county and municipality from the Property Tax Credit Fund must be used to provide a credit against the property tax liability of taxpayers in the county and municipality in an amount determined by multiplying the appraised value of the taxpayer's taxable property by a fraction in which the numerator is the total estimated revenue received by the county or municipality from the Property Tax Credit Fund during the applicable tax year and the denominator is the total of the appraised value of taxable property in the county or municipality as of January first of the applicable taxable year.

(C)   All interest accruing to the credit funds received by a county or a municipality from the Property Tax Credit Fund must be used to provide an additional credit as provided in this section.

(D)   If a municipality has adopted or adopts a redevelopment plan for a tax increment financed redevelopment project pursuant to Chapter 6 of Title 31, a deficiency resulting from the application of this section in the tax allocation fund or separate fund established to pay project costs must be funded from the municipality's allocation from the County/Municipal Revenue Fund each year so as to provide full funding for the project. A tax increment financing bond holder, agent, or trustee may enforce this requirement.

Section 4-10-50. (A) The revenue generated in a county area and set aside and allocated to the County/Municipal Revenue Fund must be distributed to the county and the municipalities in the county area as follows:

(1) fifty percent based upon the location of the sale;

(2) fifty percent based on population.

(B) The population of the county is the population of the county area, and the population of the municipalities is the population within the corporate boundaries of the municipalities in the county area.

Section 4-10-60. (A) At the end of each fiscal year and before August first a percentage, to be determined by the State Treasurer and not to exceed five percent of collections, must be withheld from those county areas collecting five million dollars or more from the sales and use tax authorized by this chapter, and that amount must be distributed to assure that each county area receives a minimum distribution. The difference between the minimum distribution and the actual collections within a county area must be distributed to the eligible units within the county area based on population as provided for in this chapter.

(B) The amount withheld from those county areas collecting five million dollars or more must be apportioned among the county and the municipalities in the county area in the same proportion as those units received remittances as provided in this chapter. An amount withheld in excess must be distributed back to the county areas whose collections exceed five million dollars based on the ratio of the funds available to the collections by each county area.

(C) As a condition precedent to a county area being subject to an assessment by the State Treasurer or being a recipient of revenue pursuant to this section, the county area must have implemented the sales and use tax as authorized by this chapter.

(D) The provisions of subsection (A) do not apply if the total number of county areas adopting the sales and use tax authorized by this chapter, which are projected by the Tax Commission to collect five million dollars or more, generated fifty percent or less during the most currently available fiscal year of the total statewide collections from the levy of a one percent sales and use tax, then those county areas generating five million dollars or more must be assessed five percent of the amount generated in the county area, and that amount must be used as a supplement to those county areas generating less than the minimum distribution. The supplement to those county areas generating less than the minimum distribution must be distributed so that each county area receives an amount equal to what its percentage of population bears to the total population in all of the county areas generating less than the minimum distribution which have implemented the sales and use tax authorized by this chapter. Once the amount of the supplement has been determined for each of the county areas to be supplemented, then the supplement must be distributed to the eligible units within the county area based on population as provided for in this chapter. However, the supplement to the county area combined with collections within the county area may not exceed the minimum distribution.

Section 4-10-70. No eligible unit within a county area may receive less from the distribution of the sales and use tax authorized by this chapter than it received in the previous fiscal year. However, if the amount of collections from the sales and use tax in the county area is less than the preceding fiscal year's collections, then the distributions to the eligible units within the county area must be reduced on a proportional basis.

Section 4-10-80. Annually by August fifteenth the State Treasurer shall report to the county chief administrative officers, county treasurers, and municipal clerks in those county areas which levy the sales and use tax authorized by this chapter the total amount of revenue collected as reported by the Tax Commission in the county area for the preceding fiscal year.

Section 4-10-90. (A) The Tax Commission shall administer and collect the local sales and use tax in the manner that sales and use taxes are administered and collected pursuant to Chapter 35 of Title 12. The commission may prescribe forms and promulgate regulations in conformity with this chapter, including tables prescribing the amount to be added to the sales price. The county shall notify the Tax Commission and the State Treasurer through delivery of a certified copy of a resolution adopted by the county following the referendum within ten days of the date of the referendum for the tax to be imposed at the beginning of the next quarter. Failure to deliver the resolution within the ten days shall cause a delay of the imposition until the first day of the subsequent calendar quarter. Notwithstanding the provisions of this subsection, the local sales and use tax must not be imposed before July first following the first referendum held pursuant to Section 4-10-30.

(B) All revenues collected by the Tax Commission on behalf of a county area pursuant to this chapter must be remitted to the State Treasurer to be credited to a Local Sales and Use Tax Fund which is separate and distinct from the state general fund. After deducting the amount of refunds made and the costs to the Tax Commission of administering the tax, not to exceed one-half of one percent of the fund or seven hundred fifty thousand dollars, whichever is greater, the State Treasurer shall deposit the revenue into the Local Sales and Use Tax Fund which consists of two separate funds: the Property Tax Credit Fund and the County/Municipal Revenue Fund. The revenue collected pursuant to this chapter must be allocated to each fund as follows:
1) During the first year after the effective date of this act, sixty-three percent to the Property Tax Credit Fund and thirty-seven percent to the County/Municipal Revenue Fund.
2) During the second year after the effective date of this act, sixty-five percent to the Property Tax Credit Fund and thirty-five percent to the County/Municipal Revenue Fund.
3) During the third year after the effective date of this act, sixty-seven percent to the Property Tax Credit Fund and thirty-three percent to the County/Municipal Revenue Fund.
4) During the fourth year after the effective date of this act, sixty-nine percent to the Property Tax Credit Fund and thirty-one percent to the County/Municipal Revenue Fund.
5) During the fifth year after the effective date of this act, and each year thereafter, seventy-one percent to the Property Tax Credit Fund and twenty-nine percent to the County/Municipal Revenue Fund.
The allocation of revenue to each fund provided for in this section must remain uniform as to the percentage allocated to each fund regardless of the year in which a county adopts the local sales and use tax. The State Treasurer shall distribute monthly the revenues according to the provisions of this chapter.

(C) The Tax Commission shall furnish data to the State Treasurer and to the governing bodies of the counties and municipalities receiving revenues for the purpose of calculating distributions and estimating revenues. The information which may be supplied to counties and municipalities includes, but is not limited to, gross receipts, net taxable sales, and tax liability by taxpayers. Information by taxpayer received by appropriate county or municipal officials is considered confidential and is governed by the provisions of Section 12-54-240. A person violating this section is subject to the penalties provided in Section 12-54-240. If because of refunds by the Tax Commission or for any other reason, an overpayment is made to a county or municipality, the State Treasurer shall withhold from subsequent payments a sufficient amount to adjust for the overpayment and direct funds to the proper entity. However, all corrections of allocations from the Local Sales and Use Tax Fund must be made within the current fiscal year.

Section 4-10-100. Notwithstanding the date of general imposition of the local sales and use tax authorized pursuant to this chapter, with respect to services that are regularly billed on a monthly basis, the local sales and use tax is imposed beginning on the first day of the billing period beginning on or after the date of general imposition."

SECTION 2. Section 12-35-580 of the 1976 Code is amended by adding at the end:

"For the purposes of this section the imposition of a local option sales and use tax provided for in Chapter 10 of Title 4 must not be taken into account."

SECTION   3. (A) Of the funds appropriated in Part 1 of the 1990-91 General Appropriations Act under formula funded Aid to Counties and Municipalities, an amount not to exceed seven hundred fifty thousand dollars must be allocated to the South Carolina Tax Commission to defray the administrative start-up expenses incurred by the commission in fiscal year 1990-91 for the implementation of the local sales and use tax provided for in Chapter 10 of Title 4 of the 1976 Code and as added in Section 1 of this act. The State Treasurer shall withhold this amount from the income tax distribution with counties and municipalities sharing equally. No funds provided for in this section may be drawn upon by the commission before November, 1990. However, no funds may be drawn unless at least one favorable referendum has been conducted in which the electors of that county have approved the imposition of the tax. If the expenses are not incurred by the commission by May 31, 1991, the funds must be distributed to the counties and municipalities.

(B) The amount allocated to the commission pursuant to subsection (A) must be reimbursed by the commission from the administrative expense provided to the commission in Section 4-10-90(B) of the 1976 Code, as added in Section 1 of this act.

SECTION 4. This act takes effect upon approval by the Governor. /

Amend title to conform.

John C. Land, III                 Larry E. Gentry
James E. Bryan, Jr.               William S. McCain
H. Samuel Stilwell                William D. Boan
On Part of the Senate.            On Part of the House.

Senator LAND was recognized to make a status report of the Committee of Free Conference on H. 3739.

Senator McCONNELL spoke on the Report.

Senator MCCONNELL moved that the Report be recommitted to the Committee of Free Conference.

Senators MITCHELL, GIESE, PASSAILAIGUE and ROSE argued in favor of the motion to recommit and Senator DRUMMOND argued contra.

Senator BRYAN moved to table the motion to recommit.

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

AYES

Bryan                     Courson                   Drummond
Fielding                  Gilbert                   Hayes
Helmly                    Hinds                     Hinson
Holland                   Land                      Leatherman
Lindsay                   Long                      Lourie
Martschink                McGill                    McLeod
Moore                     Mullinax                  O'Dell
Passailaigue              Patterson                 Pope
Saleeby                   Shealy                    Smith, H.C.
Smith, N.W.               Stilwell                  Waddell
Williams                  

Total--31

NAYS

Giese                     Lee                       Leventis
Macaulay                  Matthews                  McConnell
Mitchell                  Peeler                    Rose
Russell                   Setzler                   Smith, J.V.
Thomas                    Wilson                    

Total--14

The motion to recommit the Report to the Committee of Free Conference was tabled.

The question then was the adoption of the Report of the Committee of Free Conference.

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

AYES

Bryan                     Courson                   Drummond
Fielding                  Giese                     Gilbert
Hayes                     Hinds                     Hinson
Holland                   Land                      Leatherman
Lindsay                   Long                      Lourie
Martschink                McGill                    McLeod
Moore                     Mullinax                  O'Dell
Passailaigue              Patterson                 Pope
Saleeby                   Shealy                    Smith, H.C.
Smith, N.W.               Stilwell                  Waddell
Williams                  

Total--31

NAYS

Helmly                    Lee                       Leventis
Macaulay                  Matthews                  McConnell
Mitchell                  Peeler                    Rose
Russell                   Setzler                   Smith, J.V.
Thomas                    Wilson                    

Total--14

The Report of the Committee of Free Conference was adopted.

The Report of the Committee of Free Conference having been adopted by both Houses ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.

Statement By Senator HINSON

I voted in favor of House Bill 3739 (Local Option Sales Tax) for the following reasons:

1) It will allow the people of Lancaster and York Counties the freedom of choice to decide for themselves by majority vote whether or not they are in favor of this one percent extra sales tax.

2) Lancaster County would receive a minimum of $2 million in revenue, part of which could be a subsidy from the larger counties in the State, from this extra sales tax.

Statement By Senator MARTSCHINK

An "aye" vote gives people the freedom of choice on this issue of taxes. They will have the opportunity to decide for themselves on taxes.

Statement By Senator SHEALY

I voted in favor of the local option sales tax being submitted to the voters. Having fought for years to allow the people the right to vote on a state lottery, I believe my failure to allow the people the opportunity to vote to reduce property taxes would have been indefensible.

Statement By Senator McCONNELL

This Bill was a Trojan Horse in that while it appears to be a property tax reform bill, it really is a tax increase. The Conference Committee version of the Bill today is much worse than the Senate version that passed on third reading. The amount dedicated to property tax reform is reduced from 75% to 63% and the exemption on food is removed in the Conference Report. The contribution by Charleston taxpayers to the tax bill of other county taxpayers is increased. Thus, the Bill today was far worse than the Senate-passed Bill for the citizens of Charleston County and South Carolina.

The proponents say they only are letting the public vote on the question. To the contrary, each amendment we proposed to give the public a choice at the polls to protect them against a tax increase was defeated by the proponents of this Bill. It seems they are for the public's right to vote provided they can dictate the choice. This Bill only gives the public one choice and that is a tax increase instead of a tax substitute.

The Bill carries no guarantee that in future years property taxes will not be increased. There is no safeguard against this.

The Bill is not property tax reform but rather a vehicle to get more revenue. I cannot vote for something which while pretending to be one thing is in fact another. The public is not being given a straight-up choice.

Statement By Senator MACAULAY

The future of our State is not in new taxes, but in more responsible use of the revenues we now have. Therefore, I could not vote to permit a new tax on the essentials of South Carolinians, for which they could not vote if they are not from the county imposing the tax for the benefit of that county, and which would be used to reduce the tax responsibility of those who do not pay the new tax and, further, would increase the income taxes paid to the State and federal governments.

Statement By Senator ROSE

I voted against the Local Option Sales Tax ("LOST") for several reasons:

1. South Carolina Taxes Already Too High Taxes in South Carolina already are much too high: 12th in the nation and the highest in the South as a function of per capita income. S. C. has a relatively low property tax (39th) and relatively high sales/income taxes (9th) in the nation as a function of per capita income. LOST could cause a net tax increase of well over $100,000,000. S. C. does not need to tax its citizens more, especially so soon after Hurricane Hugo.

2. Regressive Tax LOST is a regressive tax, hurting poor people the most. I object to imposing an additional 1% tax on the sale of food, clothing and other necessities, especially on poor Hurricane Hugo victims already living on the edge. According to the S. C. Tax Commission, even with a 63% rollback of property taxes, LOST will cause a net tax increase for all Berkeley County residents, all Dorchester County residents making less than $90,000/yr. and all Charleston County residents making less than $25,000/yr. Even worse, in all these three counties people making less than, for example, $20,000/yr. will actually pay more net taxes in many cases than people making $80,000/yr. The tax burden from LOST hurts the poor disproportionately.

3. Revenue Sharing LOST provides that certain donor counties give money it collects to certain receiving counties. For example, according to the S. C. Tax Commission, Charleston County may donate a projected $1,887,898 to other counties, helping Barnwell County gain a projected $1,125,196 and McCormick County gain a projected $1,703,987 from donor counties. This would give receiving counties a windfall at the expense of donating counties. For example, McCormick County would receive a 100% rollback of the $727,467 in property taxes it collected in 1987 (meaning citizens of McCormick County would pay no property taxes) and receive a projected $1.3 million McCormick County never had before - for a population of only about 7,700 people. This $1.3 million would come from donor counties like Charleston and suburban counties like Berkeley and Dorchester whose citizens shop in donor counties like Charleston. It is not right to tax citizens of donor counties, which need its revenue for its own services, so heavily to pay the bills of other counties. The share each county receives of the sales tax collected should be based, fairly and proportionately, on the population of, or the current amount of taxes paid by, that county.

4. Inadequacy of the Referendum The wording of the question to be put to voters on the Referendum ballot is misleading as it fails to disclose an important fact. The ballot question asks citizens to vote on whether to impose a 1 sales tax for the two purposes of rolling back property taxes and of funding the operations of government in the county in which the citizens are voting. The ballot also should ask citizens in donor counties whether they wish to impose a 1 sales tax for a third purpose - funding government operations in other counties. This disclosure is needed to make citizens fully aware of exactly what they are voting for.

The Referendum also is defective because citizens in some suburban counties in effect are voting on whether to collect rather than on whether to pay any of the sales tax, and, therefore, may have little effective choice but to vote for LOST. For example, if citizens of Berkeley and Dorchester Counties do not vote to impose LOST but Charleston County does, Berkeley and Dorchester County citizens will be paying increased sales taxes in Charleston County's regional malls just over the borders of Berkeley and Dorchester Counties, but will not receive any of this money back. What citizens in Dorchester and Berkeley Counties in effect would be voting for is not whether to pay the tax in Charleston County, but whether they will collect back any of the taxes they are paying in Charleston County.

ADJOURNMENT

At 1:04 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.

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