Indicates Matter Stricken
Indicates New Matter

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

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

Beloved, hear again the words of the Author of the Epistle to the Hebrews (12:12):

"Therefore, lift your drooping hands

and strengthen your weak knees, and

make straight paths for your feet..."
Let us pray.

Our Father in Heaven, we thank You for this message for tired men and women... with, yet, a long way to go.

Help us to reach up by faith for the Hand that brought order out of chaos at creation's dawn... and bore the cross in the fullness of time.

We know that our own grasp is stronger if we realize that Your Hand is upon our hands.

Teach us the fundamental truths of life... and help us to translate ageless truth into current policy... and deeds... and programs of support for the common life of our people.

Keep us humble as well as bold... contrite as well as confident, because we have discovered the new and richer experience of Thy abiding presence, through Christ our Lord.

Amen.

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

May 27, 1992
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.

Appointment, Calhoun County Magistrate, with term to expire April 30, 1994:

Ms. Helen M. Geiger, 10 Geiger Drive, Gaston, South Carolina 29053 VICE Alex M. Geiger

May 19, 1992
Mr. President and Members of the Senate:

I am hereby returning without my approval S. 1347, R.415, an Act:
S. 1347 -- Senator O'Dell: A BILL TO AMEND ACT 902 OF 1964, AS AMENDED, RELATING TO THE CREATION OF THE ABBEVILLE COUNTY HISTORIC PRESERVATION COMMISSION, SO AS TO DELETE THE REQUIREMENT THAT MEMBERS OF THE COMMISSION MUST BE RECOMMENDED FROM CERTAIN MUNICIPALITIES, TO AUTHORIZE THE COMMISSION TO ELECT A SECRETARY AND TREASURER INSTEAD OF A SECRETARY-TREASURER, TO AUTHORIZE OFFICERS TO SUCCEED THEMSELVES UNDER CONDITIONS, AND TO SUBSTITUTE COUNTY COUNCIL FOR DELEGATION AS THE ENTITY WHICH MAY APPROPRIATE MONEY TO THE COMMISSION.
This veto is based upon an opinion of the Attorney General's Office dated May 18, 1992, which states in concluding:
"The act bearing ratification number 415 of 1992 amends Act No. 902 of 1964, to delete the requirement that members of the Abbeville County Historic Preservation Commission be recommended by certain municipalities, to authorize the Commission to elect a secretary and treasurer rather than a secretary-treasurer, to authorize officers to succeed themselves under certain conditions, and to substitute county council for the delegation as the entity which may appropriate money to the Commission. A review of Act No. 902 of 1964 reveals that it affects only Abbeville County. Thus, S. 1347, R-415 of 1992 is clearly an act for a specific county. Article VIII, Section 7 of the Constitution of the State of South Carolina provides that `[n]o laws for specific county shall be enacted.' Acts similar to S. 1347, R-415, have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7..."

Yours sincerely,
Carroll A. Campbell, Jr.
Governor

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

Senator O'DELL moved that the veto of the Governor be overriden.

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

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

Bryan Carmichael Cork
Courson Courtney Drummond
Fielding Giese Gilbert
Hayes, R.W. Helmly Hinds
Hinson Holland Land
Leatherman Leventis Lourie
Macaulay Martin Martschink
Matthews McConnell McGill
Mitchell Moore Mullinax
O'Dell Passailaigue Patterson
Peeler Pope Reese
Rose Russell Saleeby
Setzler Shealy Smith, J.V.
Smith, N.W. Stilwell Thomas
Washington Williams Wilson

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

Senator MOORE asked unanimous consent to make a motion that those members on the Judiciary Committee be granted leave to attend the public hearing in the Gressette Building at 3:00 P.M. and be counted in any quorum calls; to be granted leave to vote on matter under debate in the Senate by telephone; and, if members of the Committee elect to remain in the Chamber during the regular order of business, that those members be recorded as voting by telephone on the final disposition of H. 4331.

Senator CORK objected.

The following were received and referred to the appropriate committees for consideration:

Document No. 1497
Promulgated By Public Service Commission
Motor Carriers
Received By Lt. Governor May 22, 1992
Referred to Senate Committee on Judiciary
120 day review expiration date September 19, 1992

Document No. 1517
Promulgated By Department of Consumer Affairs
Adjustment of Dollar Amounts
Received By Lt. Governor May 22, 1992
Referred to Senate Committee on Banking and Insurance
120 day review expiration date September 19, 1992

At 11:15 A.M., Senator WILLIAMS asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying acts at 11:45 A.M.

There was no objection and a message was sent to the House accordingly.

Senator GIESE introduced Dr. WALTER ROBERTS of Columbia, South Carolina, Doctor of the Day.

At 11:30 A.M., Senator LAND requested and was granted a leave of absence for Thursday, May, 28, 1992, beginning at 6:00 A.M. until 2:00 P.M.

Columbia, S.C., May 26, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
S. 1141 -- Senator Moore: A JOINT RESOLUTION TO EXEMPT FROM SOLID WASTE DISPOSAL FEES PROPERTY DELIVERED PURSUANT TO WRITTEN CONTRACTS EXECUTED BEFORE NOVEMBER 1, 1991; TO EXEMPT FROM THE FEES PROPERTY DELIVERED PURSUANT TO A WRITTEN BID SUBMITTED BEFORE NOVEMBER 1, 1991, CULMINATING IN A CONTRACT BEFORE FEBRUARY 1, 1992, TO REQUIRE A VERIFIED COPY OF THE CONTRACT TO BE FILED WITH THE SOUTH CAROLINA TAX COMMISSION, TO ALLOW REFUNDS OR CREDITS FOR FEES REMITTED ON EXEMPT CONTRACTS, AND TO AUTHORIZE THE COMMISSION TO PRESCRIBE FORMS AND PROCEDURES FOR CLAIMING THE REFUND OR CREDIT.
asks for a Committee of Conference and has appointed Reps. Keyserling, Fair and Sharpe of the Committee on the part of the House.

Very respectfully,
Speaker of the House

Whereupon, the PRESIDENT appointed Senators MOORE, THOMAS and MULLINAX of the Committee of Conference on the part of the Senate, and a message was sent to the House accordingly.

S. 276 -- Senators Mullinax and Gilbert: A BILL TO AMEND SECTION 56-3-3310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A SPECIAL MOTOR VEHICLE LICENSE PLATE FOR A RECIPIENT OF THE PURPLE HEART, SO AS TO PROVIDE THAT NO FEE MAY BE CHARGED FOR THIS LICENSE PLATE.

On motion of Senator LOURIE, with unanimous consent, the Bill was recalled from the Committee on Transportation.

There was no objection.

Senator LOURIE asked unanimous consent to give the Bill a second reading.

There was no objection.

On motion of Senator LOURIE, with unanimous consent, S. 276 was ordered to receive a third reading on Thursday, May 28, 1992.

S. 1491 -- Senators Wilson and Rose: A BILL TO AMEND TITLE 56, CHAPTER 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 49 SO AS TO PROVIDE FOR SPECIAL LICENSE PLATES FOR SOUTH CAROLINA FIREFIGHTERS.

On motion of Senator LOURIE, with unanimous consent, the Bill was recalled from the Committee on Transportation.

There was no objection.

Senator LOURIE asked unanimous consent to give the Bill a second reading with notice of general amendments.

There was no objection.

H. 4344 -- Rep. G. Bailey: A BILL TO AMEND SECTION 19-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMISSIBILITY OF CERTAIN OUT-OF-COURT STATEMENTS BY CHILDREN IN ABUSE OR NEGLECT PROCEEDINGS, SO AS TO DELETE THE PROVISION THAT THE STATEMENTS ARE INADMISSIBLE IF THE PARENTS OF THE CHILD ARE SEPARATED OR DIVORCED IF ONE OF THE PARENTS IS THE ALLEGED PERPETRATOR OF THE ABUSE AND THE ALLEGATION OF ABUSE WAS MADE AFTER THE PARENTS SEPARATED OR DIVORCED.

On motion of Senator MATTHEWS, with unanimous consent, the Bill was recalled from the Committee on Judiciary.

Senator STILWELL proposed the following amendment (JUD4344.001, which was adopted:

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

/SECTION 1. Section 19-1-180(G) of the 1976 Code is amended to read:

"(G) If the parents of the child are separated or divorced, the hearsay statement shall be inadmissible if (1) one of the parents is the alleged perpetrator of the alleged abuse or neglect and (2) the allegation was made after the parties separated or divorced. Notwithstanding this subsection, a statement alleging abuse or neglect made by a child to a law enforcement official, an officer of the court, a licensed family counselor or therapist, a physician or other health care provider, a teacher, a school counselor, a Department of Social Services staff member, or to a child care worker in a regulated child care facility is admissible under this section."/

Amend title to conform.

Senator STILWELL explained the amendment.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.

H. 4519 -- Rep. G. Bailey: A BILL TO AMEND SECTION 56-9-351, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUSPENSION OF LICENSE AND REGISTRATION AFTER AN ACCIDENT, SO AS TO DELETE PROVISIONS RELATING TO SUSPENSION OF DRIVER'S LICENSE.

On motion of Senator GIESE, with unanimous consent, the Bill was recalled from the Committee on Transportation and ordered placed on the Calendar.

There was no objection.

The following were introduced:

S. 1578 -- Senator Giese: A CONCURRENT RESOLUTION TO RECOGNIZE DR. OLIVER NORMAN EVANS OF LEXINGTON COUNTY FOR BRINGING NATIONAL RECOGNITION TO THE STATE FOR HIS INNOVATIONS AND LEADERSHIP IN PATIENT QUALITY ASSURANCE AND FOR HIS MANY CONTRIBUTIONS TO THE SOUTH CAROLINA DEPARTMENT OF MENTAL HEALTH AND TO CONGRATULATE AND WISH HIM WELL IN HIS RETIREMENT.

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

S. 1579 -- Senators Macaulay, Bryan, Carmichael, Cork, Courson, Courtney, Drummond, Fielding, Giese, Gilbert, Robert W. Hayes, Jr., Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Lourie, Martin, Martschink, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Washington, Williams and Wilson: A CONCURRENT RESOLUTION CONGRATULATING DR. RYAN C. AMACHER, DEAN OF THE COLLEGE OF COMMERCE AND INDUSTRY AT CLEMSON UNIVERSITY, ON HIS APPOINTMENT AS PRESIDENT OF THE UNIVERSITY OF TEXAS AT ARLINGTON.

Whereas, the members of the General Assembly were delighted to learn that Dr. Ryan C. Amacher, Dean of the College of Commerce and Industry at Clemson University, was recently appointed to be President of the University of Texas at Arlington; and

Whereas, the State of South Carolina will surely be the loser when Dr. Amacher and his wife, Susan, move to Arlington in July; and

Whereas, Ray Amacher's career has been an example of how hard work and devotion to a job has paid off; and

Whereas, after joining Clemson University in 1981 as Professor of Economics and Dean of the College of Commerce and Industry, he has distinguished himself at Clemson by serving as a member of the Textile Study Committee, the South Carolina Small Business Development Center Consortium, on the Board of Directors of C&S Bank, and is a consultant to the South Carolina Chamber of Commerce and the South Carolina Textile Manufacturers Association; and

Whereas, he has served on Governor Carroll Campbell's Transition Team and is presently a member of the Governor's Council on Competitiveness; and

Whereas, Dr. Amacher is author, coauthor, or coeditor of ten books and has written numerous articles and chapters and is a reviewer for Journal of Political Economy, American Economics Review, and National Science Foundation; and

Whereas, by taking this presidency, Dr. Amacher leaves a great void, but the members of the General Assembly wish to extend to him and his wife, Susan, best wishes in their future endeavors. Now, therefore,

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

That the members of the General Assembly congratulate Dr. Ryan C. Amacher, Dean of the College of Commerce and Industry at Clemson University on his appointment as President of the University of Texas at Arlington.

Be it further resolved that a copy of this resolution be forwarded to Dr. Ryan C. Amacher.

Senator MACAULAY moved that the Resolution be adopted.

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

Bryan Carmichael Cork
Courson Courtney Drummond
Fielding Giese Gilbert
Hayes, R.W. Helmly Hinds
Hinson Holland Land
Leatherman Leventis Lourie
Macaulay Martin Martschink
Matthews McConnell McGill
Mitchell Moore Mullinax
O'Dell Passailaigue Patterson
Peeler Pope Reese
Rose Russell Saleeby
Setzler Shealy Smith, J.V.
Smith, N.W. Stilwell Thomas
Washington Williams Wilson

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

S. 1580 -- Senators Passailaigue, Fielding, Martschink, McConnell, Washington, Bryan, Carmichael, Cork, Courtney, Drummond, Giese, Gilbert, Robert W. Hayes, Jr., Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Lourie, Macaulay, Martin, Matthews, McGill, Mitchell, Moore Mullinax, O'Dell, Patterson, Peeler, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Williams and Wilson: A CONCURRENT RESOLUTION TO HONOR ONE OF THIS STATE'S MOST OUTSTANDING LEADERS, DR. HARRY M. LIGHTSEY, ON HIS RETIREMENT AS PRESIDENT OF THE COLLEGE OF CHARLESTON.

Whereas, Dr. Harry M. Lightsey has distinguished himself as an outstanding leader in South Carolina in the areas of higher education and state government, as well as in the legal profession; and

Whereas, Dr. Lightsey demonstrated his potential for outstanding service and leadership as an undergraduate student graduating Cum Laude from Clemson University while serving as president of the student body; and

Whereas, he continued his studies receiving a degree (Cum Laude) in Veterinary Medicine from the University of Georgia and was graduated Summa Cum Laude from the University of South Carolina School of Law where he served as Editor of the South Carolina Law Quarterly; and

Whereas, Dr. Lightsey further distinguished himself as a member of the Phi Beta Kappa Honor Fraternity; and

Whereas, Dr. Lightsey has served in several capacities in South Carolina state government, including General Counsel for the South Carolina Public Service Commission and Chairman of the South Carolina Human Affairs Commission; and

Whereas, Dr. Lightsey distinguished himself as a professor of law and served as Dean of the University of South Carolina School of Law from 1980 to 1985; and

Whereas, Dr. Lightsey has authored treatises related to the practice of law in South Carolina, including definitive works on court procedure: South Carolina Code Pleading and South Carolina Civil Procedure; and

Whereas, Dr. Lightsey has served diligently and faithfully as the President of the College of Charleston since 1986; and

Whereas, during Dr. Lightsey's tenure, the College of Charleston has made extraordinary gains: enrollment has increased eighty percent over the past five years, academic standards have increased with Scholastic Aptitude Test scores for incoming freshman being raised fifty points so that the average is now approximately one thousand, and the number of faculty has increased to approximately three hundred fifty from two hundred thirty members; and

Whereas, existing academic programs have been bolstered and new programs added with the establishment of student computer centers; the addition of several new majors; the offering of two new graduate degree programs; the School of Business has received full accreditation; the National Aeronautic and Space Administration has designated the College of Charleston to be a participant in JOVE, a NASA designed space study which allows the college to be a member of INTERNET, an international computer network which permits expanded library and research capacity; and two academic departments have received "commendation for excellence" awards from the South Carolina Commission on Higher Education, the only such designations by the Commission on Higher Education; and

Whereas, under Dr. Lightsey's tenure, the Foundation Endowment and annual giving have both more than tripled with the Endowment now exceeding ten million dollars, and several new buildings have been added to the school and several others have been renovated; and

Whereas, Dr. Lightsey has many other noteworthy memberships, services, and honors too numerous to list in one resolution. Now, therefore,

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

That the members of the General Assembly wish to express their appreciation for the outstanding contributions Dr. Harry M. Lightsey has made to improve the quality of education in this State and wish to honor him for his untiring service to the State of South Carolina and its citizens on the occasion of his retirement as President of the College of Charleston.

Be it further resolved that a copy of this resolution be forwarded to Dr. Lightsey.

Senator PASSAILAIGUE moved that the Resolution be adopted.

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

Bryan Carmichael Cork
Courson Courtney Drummond
Fielding Giese Gilbert
Hayes, R.W. Helmly Hinds
Hinson Holland Land
Leatherman Leventis Lourie
Macaulay Martin Martschink
Matthews McConnell McGill
Mitchell Moore Mullinax
O'Dell Passailaigue Patterson
Peeler Pope Reese
Rose Russell Saleeby
Setzler Shealy Smith, J.V.
Smith, N.W. Stilwell Thomas
Washington Williams Wilson

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

S. 1581 -- Senator Robert W. Hayes, Jr.: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO CHANGE THE NAME OF THE AUTHORIZATION FOR THE YORK COUNTY TECHNICAL COLLEGE.

Read the first time and on motion of Senator ROBERT W. HAYES, JR., with unanimous consent, ordered placed on the Calendar without reference.

S. 1582 -- Transportation Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, RELATING TO OUTDOOR ADVERTISING, DESIGNATED AS REGULATION DOCUMENT NUMBER 1495, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 1583 -- Senator Rose: A BILL TO AMEND ACT 267 OF 1987, RELATING TO THE PREPARATION OF BUDGETS FOR DORCHESTER COUNTY SCHOOL DISTRICTS, SO AS TO PROVIDE THAT DORCHESTER COUNTY SCHOOL DISTRICTS 2 AND 4 MAY SET THEIR OPERATING BUDGETS UP TO THE REVENUE REQUIREMENTS OF THE EDUCATION FINANCE ACT AND THE EDUCATION IMPROVEMENT ACT AND THAT ANY INCREASE REQUIRES THE APPROVAL OF DORCHESTER COUNTY COUNCIL, AND TO ALLOW DORCHESTER COUNTY SCHOOL DISTRICTS 2 AND 4 TO MAINTAIN A LIMITED CASH RESERVE, TO PROVIDE FOR THE MANNER BY WHICH THE FUND MUST BE FUNDED AND LIMITATIONS ON EXPENDITURES FROM THE FUND, AND TO PROVIDE THE METHOD OF CALCULATING AN INCREASE IN THE TAX MILLAGE.

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

On motion of Senator ROSE, S. 1583 was ordered to receive a second and third reading on the next two consecutive legislative days.

S. 1584 -- Senator Robert W. Hayes, Jr.: A BILL TO AMEND SECTION 7-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN YORK COUNTY, SO AS TO REVISE THE AREAS OF ROCK HILL PRECINCT NO. 6 AND ROCK HILL PRECINCT NO. 8.

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

On motion of Senator ROBERT W. HAYES, JR., S. 1584 was ordered to receive a second and third reading on the next two consecutive legislative days.

S. 1585 -- Senators Williams and Matthews: A CONCURRENT RESOLUTION TO COMMEND MR. H. FILMORE MABRY OF ORANGEBURG FOR HIS TRULY OUTSTANDING SERVICE AS PRESIDENT OF THE REGIONAL MEDICAL CENTER OF ORANGEBURG AND CALHOUN COUNTIES.

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

S. 1586 -- Senator Giese: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE DISTINGUISHED SERVICE OF CHIEF DEPUTY ATTORNEY GENERAL JOE L. ALLEN, JR., UPON THE OCCASION OF HIS RETIREMENT AND WISHING FOR HIM GOOD HEALTH AND HAPPINESS IN HIS FUTURE ENDEAVORS.

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

S. 1587 -- Senators Patterson, Fielding, Gilbert, Matthews, Mitchell and Washington: A SENATE RESOLUTION TO EXPRESS THE SUPPORT OF THE GENERAL ASSEMBLY OF THE EFFORTS OF DESA, INC., TO DEVELOP AND EXPAND MINORITY BUSINESS ENTERPRISES IN SOUTH CAROLINA FOR THE BENEFITS OF THE STATE AND ITS CITIZENS.

The Senate Resolution was adopted.

S. 1588 -- Senator Drummond: A JOINT RESOLUTION TO CREATE THE SOUTH CAROLINA COMMISSION ON SPORTING DOGS AND FIELD TRIALS TO ASSESS THE IMPACT ON THE STATE FOR DEVELOPING FIELD TRIAL FACILITIES AND TO DEVELOP A PLAN FOR SUCH FACILITIES; TO PROVIDE FOR THE MEMBERS OF THE COMMISSION AND AN ADVISORY COMMITTEE; TO AUTHORIZE CONSULTATION WITH PUBLIC AND PRIVATE AGENCIES AND ORGANIZATIONS; AND TO PROVIDE REPORTING REQUIREMENTS AND THE TERMINATION OF THE COMMISSION JANUARY 1, 1994.

Read the first time and referred to the Committee on Agriculture and Natural Resources.

H. 4885 -- Reps. Corbett and Keegan: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MARK GARNER, FORMER MAYOR OF MYRTLE BEACH, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

H. 4886 -- Rep. White: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE DR. LONNIE RANDOLPH FOR BEING ELECTED PRESIDENT OF THE SOUTH CAROLINA OPTOMETRIC ASSOCIATION, THE FIRST AFRICAN-AMERICAN ELECTED PRESIDENT OF A SOUTH CAROLINA HEALTH PROFESSIONAL ASSOCIATION, AND FOR HIS MANY CONTRIBUTIONS TO HIS PROFESSION AND THE COMMUNITY.

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

H. 4887 -- Rep. Rhoad: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE L. EDWARD BENNETT, REPRESENTATIVE FROM ORANGEBURG COUNTY, FOR HIS MANY YEARS OF LOYAL AND DEDICATED SERVICE TO THE CITIZENS OF HIS COUNTY AND THE STATE OF SOUTH CAROLINA AND EXTENDING BEST WISHES TO HIM FOR SUCCESS AND HAPPINESS IN ALL OF HIS FUTURE ENDEAVORS FOLLOWING HIS RETIREMENT FROM LEGISLATIVE SERVICE.

Whereas, the Honorable L. Edward Bennett of Orangeburg County has served in the House of Representatives for a total of twenty-two years, from 1969-80 and from 1983-92; and

Whereas, Ed Bennett has distinguished himself as an able and respected member of the General Assembly; and

Whereas, he has devoted the greater part of his life to public service, having served seven terms as the mayor of Springfield prior to being elected to the House; and

Whereas, as the chairman of the Agriculture, Natural Resources and Environmental Affairs Committee of the House, his leadership qualities and expertise helped guide the committee through a difficult transition period; and

Whereas, under his leadership, many important agricultural, wildlife, and environmental issues were steered through the General Assembly; and

Whereas, he also ably served on the South Carolina Wildlife Commission for thirteen years and was chosen the Legislative Conservationist of 1979 by the South Carolina Wildlife Federation; and

Whereas, Ed Bennett has always placed the welfare of the people he represents and the State above all other interests, and he long ago earned the respect and admiration of the members of the House of Representatives and the Senate; and

Whereas, he has announced his intention not to seek reelection in 1992; and

Whereas, this quiet, unassuming gentleman's leadership and kindness will be greatly missed in the State House by his many friends, colleagues, and legislative staff. 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, by this resolution, commend the Honorable L. Edward Bennett, representative from Orangeburg County, for his many years of loyal and dedicated service to the citizens of his county and the State of South Carolina and extend best wishes to him for success and happiness in all of his future endeavors following his retirement from legislative service.

Be it further resolved that a copy of this resolution be forwarded to Ed Bennett, our good friend and distinguished colleague from Orangeburg County.

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

Bryan Carmichael Cork
Courson Courtney Drummond
Fielding Giese Gilbert
Hayes, R.W. Helmly Hinds
Hinson Holland Land
Leatherman Leventis Lourie
Macaulay Martin Martschink
Matthews McConnell McGill
Mitchell Moore Mullinax
O'Dell Passailaigue Patterson
Peeler Pope Reese
Rose Russell Saleeby
Setzler Shealy Smith, J.V.
Smith, N.W. Stilwell Thomas
Washington Williams Wilson

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

H. 4888 -- Reps. L. Martin, Marchbanks, Mattos, Sheheen and Wilkins: A CONCURRENT RESOLUTION TO COMMEND OUR COLLEAGUE, B. L. HENDRICKS, JR., OF PICKENS COUNTY, FOR HIS DISTINGUISHED SERVICE AS A MEMBER OF THE HOUSE OF REPRESENTATIVES AND WISH HIM THE BEST FOR MUCH HAPPINESS IN THE YEARS AHEAD.

Whereas, the members of the General Assembly were saddened to learn that Representative B. L. Hendricks, Jr., of Pickens County has decided not to offer for re-election to the South Carolina House of Representatives; and

Whereas, Representative Hendricks has served in the House with great distinction for twenty-two years, longer than any previous member from Pickens County; and

Whereas, during his tenure, he capably served as Chairman of the Medical, Military, Public and Municipal Affairs Committee and as a member of the Rules, Judiciary, Judicial Screening, and Joint Health Care, Planning, and Oversight Committees; and

Whereas, he has made a lasting contribution to higher education in South Carolina by serving as a member of the Citadel Board of Visitors, the Board of Trustees of the Medical University of South Carolina, and on the Board of Visitors for Clemson University, his alma mater; and

Whereas, Representative Hendricks unselfishly gave of himself in service to his country during World War II as a pilot in the United States Air Force, retiring with the rank of Major; and

Whereas, he served with distinction as Mayor of Easley from 1965 to 1967; and

Whereas, the many contributions of Representative Hendricks to his county, state, and nation will long be remembered and appreciated; and

Whereas, the members of the General Assembly will greatly miss the wise counsel, warm handshake, and friendly smile of this true Southern gentleman and wish to extend to him and his lovely wife, Carolyn, every best wish for much happiness in the years ahead. Now, therefore,

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

That the members of the General Assembly commend our colleague, B. L. Hendricks, Jr., of Pickens County, for his distinguished service as a member of the House of Representatives and wish him the best for much happiness in the future.

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

Bryan Carmichael Cork
Courson Courtney Drummond
Fielding Giese Gilbert
Hayes, R.W. Helmly Hinds
Hinson Holland Land
Leatherman Leventis Lourie
Macaulay Martin Martschink
Matthews McConnell McGill
Mitchell Moore Mullinax
O'Dell Passailaigue Patterson
Peeler Pope Reese
Rose Russell Saleeby
Setzler Shealy Smith, J.V.
Smith, N.W. Stilwell Thomas
Washington Williams Wilson

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

H. 4540 -- Rep. Felder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-23-650 SO AS TO AUTHORIZE THE PUBLIC SERVICE COMMISSION TO ENTER INTO RECIPROCAL BASE STATE AGREEMENTS, WITH THE REGULATORY AGENCIES OF OTHER STATES HAVING JURISDICTION OVER MOTOR CARRIERS, TO PROVIDE THAT MOTOR CARRIERS REGISTERING IN THIS STATE UNDER SUCH AGREEMENTS ARE SUBJECT TO THE JURISDICTION OF THE PUBLIC SERVICE COMMISSION, TO ALLOW THE COMMISSION TO REQUIRE FILINGS OF CERTIFICATION OF INSURANCE, SURETY BONDS, AND OTHER DOCUMENTS TO SHOW A SOUTH CAROLINA BASED CARRIER'S QUALIFICATION TO OPERATE, AND PROVIDE THAT A PARTICIPATING CARRIER SHALL REGISTER ONLY WITH THE COMMISSION, AND TO AMEND SECTION 58-23-640, RELATING TO FEES AND CHARGES FOR REGISTRATION OF INTERSTATE AUTHORITY BY MOTOR CARRIERS, SO AS TO PROVIDE THAT THE FIVE DOLLAR AUTHORITY STAMP FEE IS A FEE FOR AN IDENTIFIER.

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

H. 4592 -- Reps. Wilkins, Kempe, Gonzales, Harvin, Harwell, Haskins, Keyserling, Kirsh, Meacham, Smith, Vaughn, Wilkes and R. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 16-17-726 SO AS TO PROHIBIT FILING FALSE OR FRAUDULENT STATEMENTS WITH A STATE OR LOCAL GOVERNMENT; 16-17-727 SO AS TO PROHIBIT FALSE, FICTITIOUS, OR FRAUDULENT CLAIMS AGAINST A GOVERNMENTAL ENTITY; 16-17-728 SO AS TO PROHIBIT A CONSPIRACY TO COMMIT FRAUD AGAINST A STATE OR LOCAL GOVERNMENT; AND 16-17-729 SO AS TO PROHIBIT FALSE STATEMENTS TO ANY AGENCY OR DEPARTMENT OF THE STATE OR LOCAL GOVERNMENT; AND TO AMEND SECTION 16-17-725, RELATING TO GIVING FALSE STATEMENTS, SO AS TO PROHIBIT GIVING FALSE STATEMENTS TO A STATE REGULATORY AGENCY.

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

H. 4825 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO HEALTH EDUCATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1472, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator SETZLER spoke on the Joint Resolution.

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

H. 4831 -- Reps. Wilkins, Quinn, G. Brown, McElveen, Sharpe, McAbee, Townsend, Cobb-Hunter, Harvin, White, Hyatt, Hallman, Wofford, Haskins, Ross, A. Young, J. Brown, Rogers, Scott, Boan, Keyserling, Nettles, Council, Shissias, Huff, Wright, McTeer, Gentry, Wilkes, Waites and Shirley: A BILL TO AMEND ACT 571 OF 1990, AS AMENDED, RELATING TO JUVENILE DETENTION, SO AS TO CHANGE THE EFFECTIVE DATE FOR CERTAIN SECTIONS FROM JANUARY 1, 1993, TO JULY 1, 1993.

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

H. 4842 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF NURSING, RELATING TO NURSING EDUCATION PROGRAMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1417, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 4843 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO 9-1-1 LOCAL EMERGENCY TELEPHONE SERVICES SYSTEMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1461, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 4870 -- Reps. Ross and T.C. Alexander: A BILL TO PROVIDE THAT BEGINNING IN 1992 THE SUPERINTENDENT OF EDUCATION OF OCONEE COUNTY MUST BE ELECTED IN NONPARTISAN ELECTIONS FOR A TERM OF FOUR YEARS AND TO PROVIDE FOR THE MANNER IN WHICH THE NONPARTISAN ELECTIONS MUST BE CONDUCTED; TO PROVIDE FOR THE MANNER IN WHICH THE CHAIRMAN OF THE OCONEE COUNTY BOARD OF EDUCATION SHALL BE SELECTED; AND TO DELETE CERTAIN PROVISIONS OF ACT 383 OF 1961, RELATING TO THE ELECTION OF THE SUPERINTENDENT OF EDUCATION OF OCONEE COUNTY.

Read the first time and on motion of Senator MACAULAY, with unanimous consent, ordered placed on the local and uncontested Calendar.

Ordered to a Second Reading with Notice of General Amendments

On motion of Senator MACAULAY, H. 4870 was ordered to receive a second reading with notice of general amendments on Thursday, May 28, 1992.

H. 4873 -- Reps. Gonzales, D. Williams, H. Brown, G. Bailey, Whipper, Hallman, Fulmer, R. Young, Holt, Rama, D. Martin, Barber, A. Young, J. Bailey, Wofford, J. Williams and Inabinett: A BILL TO AMEND TITLE 13, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLANNING, RESEARCH, AND DEVELOPMENT, BY ADDING CHAPTER 12 SO AS TO ESTABLISH THE TRIDENT ECONOMIC DEVELOPMENT FINANCE AUTHORITY, AND PROVIDE FOR ITS POWERS, DUTIES, METHODS OF GOVERNANCE, AND FINANCING.

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

Senator WILLIAMS, from the Committee on Judiciary, has polled out H. 4311, favorable:

H. 4311 -- Reps. Clyborne, Tucker, J. Bailey, A. Young, Meacham, Vaughn, Rama, Littlejohn, Hallman, Wells, Haskins, Harwell, Waites, Townsend, Holt, Wright, Baxley, Chamblee, Sturkie, Phillips, Neilson, Fair, M.O. Alexander, Cato, Shissias, Byrd, McGinnis, Inabinett, Cole, L. Martin, Riser, Quinn, Harrison, Harrelson, H. Brown, Smith, Koon, Wilkes, Wilder, D. Williams, Stone, Rudnick, Delleney and Waldrop: A BILL TO AMEND SECTION 56-5-6240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORFEITURE, CONFISCATION, AND SALE OF CERTAIN MOTOR VEHICLES SO AS TO PERMIT THE ARRESTING OFFICER TO RELEASE THE MOTOR VEHICLE TO THE SHERIFF OR CHIEF OF POLICE OF THE JURISDICTION WHERE THE MOTOR VEHICLE WAS SEIZED INSTEAD OF THE HEAD OF THE OFFICER'S LAW ENFORCEMENT AGENCY.

Williams Mitchell Russell
Lourie Pope Shealy
Saleeby Matthews Martschink
McConnell Wilson Courson
Moore

Martin Stilwell Holland
Long

Ordered for consideration tomorrow.

Senator WILLIAMS, from the Committee on Judiciary, has polled out H. 4331, favorable:

H. 4331 -- Rep. Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 IN CHAPTER 41, TITLE 44 SO AS TO ENACT THE SOUTH CAROLINA INFORMED DECISION FOR ABORTION ACT AND TO PROVIDE PENALTIES FOR VIOLATION; AND TO DESIGNATE SECTIONS 44-41-10 THROUGH 44-41-80 AS ARTICLE 1, CHAPTER 41 OF TITLE 44 ENTITLED "ABORTIONS GENERALLY".

Williams Courson Russell
Holland Matthews Saleeby
Wilson McConnell Stilwell
Bryan Moore

Lourie Pope Shealy

Martin Mitchell Martschink

Ordered for consideration tomorrow.

Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, has polled out S. 802, favorable with amendment:

S. 802 -- Senator Stilwell: A BILL TO AMEND SECTIONS 40-59-15, 40-59-75, 40-59-77; 40-59-90, AS AMENDED; 40-59-95; 40-59-100, 40-59-110, 40-59-130, 40-59-140, AND 40-59-160, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESIDENTIAL HOME BUILDERS, SO AS TO INCREASE FROM TWO HUNDRED TO ONE THOUSAND DOLLARS THE AMOUNT OF THE UNDERTAKING WHICH SUBJECTS A CONTRACTOR TO THE PROVISIONS OF CHAPTER 59 OF TITLE 40; AND DELETE THE AUTHORITY OF THE RESIDENTIAL BUILDERS COMMISSION TO CERTIFY A RESIDENTIAL SPECIAL CONTRACTOR.

J. Verne Smith Moore Patterson
Drummond Leatherman Gilbert
Setzler Fielding Helmly
Lourie Stilwell Hinds
McConnell Nell W. Smith Mullinax

Saleeby Leventis Matthews

Ordered for consideration tomorrow.

H. 3364 -- Reps. Kirsh, Huff, Klapman, Beasley, L. Martin, Foster, Rama, Wilkins and R. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 118 TO TITLE 59, SO AS TO ENACT THE SOUTH CAROLINA PREPAID POSTSECONDARY EDUCATION EXPENSE PROGRAM; TO ESTABLISH THE SOUTH CAROLINA PREPAID POSTSECONDARY EDUCATION EXPENSE BOARD TO IMPLEMENT THE PROGRAM; AND TO REQUIRE THE BOARD TO OBTAIN RULINGS FROM THE INTERNAL REVENUE SERVICE AND THE SECURITIES AND EXCHANGE COMMISSION WITH RESPECT TO THE PROGRAM AND TO REQUIRE THE INFORMATION TO BE PROVIDED TO PARTICIPANTS.

The House returned the Bill with amendments.

Senator SETZLER explained the House amendment.

On motion of Senator SETZLER, 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.

S. 1310 -- Senators J. Verne Smith, Lourie, Leatherman, McConnell, Moore, Passailaigue, Martschink, McGill and Hinson: A BILL TO AMEND SECTION 56-5-5015, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUNSCREEN DEVICES, SO AS TO PROHIBIT THE INSTALLATION AND USE OF MORE THAN ONE SUNSCREEN DEVICE, TO PROVIDE FOR A TOTAL LIGHT TRANSMISSION OF SUNSCREENING DEVICE AND FACTORY OR MANUFACTURER INSTALLED SUNSCREENING MATERIAL OF NOT LESS THAN TWENTY-SEVEN PERCENT, TO PROVIDE THAT BEGINNING JANUARY 1, 1993, SUNSCREEN DEVICES APPLIED OR USED ON THE REAR WINDOWS AND THE FACTORY OR MANUFACTURER INSTALLED SUNSCREENING MATERIAL MUST HAVE A TOTAL LIGHT TRANSMISSION OF NOT LESS THAN TWENTY-SEVEN PERCENT, TO PROVIDE FOR A CERTIFICATE OF COMPLIANCE, TO PROVIDE ADDITIONAL PENALTIES, TO ADD DEFINITIONS, AND TO PROVIDE FOR PROMULGATION OF REGULATIONS.

The House returned the Bill with amendments.

Senator J. VERNE SMITH explained the House amendment.

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 be enrolled for Ratification.

S. 1361 -- Senators Giese, Reese and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 38, TITLE 44 SO AS TO ENACT THE SOUTH CAROLINA HEAD AND SPINAL CORD INJURY INFORMATION SYSTEM ACT ESTABLISHING THE SOUTH CAROLINA HEAD AND SPINAL CORD INJURY INFORMATION SYSTEM WHICH CREATES A CENTRAL INFORMATION SURVEILLANCE AND REGISTRY SYSTEM, BY ESTABLISHING A COUNCIL TO THE SYSTEM, TO PROVIDE FOR THE MEMBERS OF THE COUNCIL AND TO PROVIDE FOR THEIR POWERS AND DUTIES, TO REQUIRE REPORTING OF CERTAIN PATIENT INFORMATION RELATED TO HEAD AND SPINAL CORD INJURIES, TO PROVIDE FOR CONFIDENTIALITY AND PROCEDURES FOR OBTAINING RELEASE OF INFORMATION AND CONSENT, TO PROVIDE PENALTIES, TO PROVIDE FOR AN IMPLEMENTATION DATE, TO PROVIDE FOR THE TEMPORARY PLACEMENT AND STAFFING OF THE SYSTEM AT THE INTERAGENCY OFFICE OF DISABILITY PREVENTION WITHIN THE STATE DEPARTMENT OF MENTAL RETARDATION, AND TO PROVIDE THAT FUNDING FOR THE FIRST TWO YEARS MUST BE PROVIDED BY A GRANT FROM THE CENTER FOR DISEASE CONTROL RECEIVED BY THE INTERAGENCY OFFICE OF DISABILITY PREVENTION.

The House returned the Bill with amendments.

Senator GIESE explained the House amendment.

On motion of Senator GIESE, 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 be enrolled for Ratification.

S. 1526 -- Senator Matthews: A BILL TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO DELETE A PORTION OF THE OLD UNITED STATES ROUTES 15 AND 301 IN ORANGEBURG COUNTY FROM THE STATE HIGHWAY SYSTEM AND TO TRANSFER THIS PORTION OF THE ROAD TO THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY.

The House returned the Bill with amendments.

On motion of Senator WASHINGTON, 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.

H. 3364 -- Reps. Kirsh, Huff, Klapman, Beasley, L. Martin, Foster, Rama, Wilkins and R. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 118 TO TITLE 59, SO AS TO ENACT THE SOUTH CAROLINA PREPAID POSTSECONDARY EDUCATION EXPENSE PROGRAM; TO ESTABLISH THE SOUTH CAROLINA PREPAID POSTSECONDARY EDUCATION EXPENSE BOARD TO IMPLEMENT THE PROGRAM; AND TO REQUIRE THE BOARD TO OBTAIN RULINGS FROM THE INTERNAL REVENUE SERVICE AND THE SECURITIES AND EXCHANGE COMMISSION WITH RESPECT TO THE PROGRAM AND TO REQUIRE THE INFORMATION TO BE PROVIDED TO PARTICIPANTS.

The House returned the Bill with amendments.

On motion of Senator SETZLER, 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.

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber at 11:45 A.M. and the following Acts were ratified:

(R453) S. 1037 -- Senators Leventis and Land: AN ACT TO AMEND SECTION 22-2-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAGISTRATES' JURY AREAS, SO AS TO REVISE THE MAGISTRATES' JURY AREAS IN SUMTER COUNTY.

(R454) S. 1552 -- Senator Hinson: AN ACT TO AMEND ACT 777 OF 1988, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE LANCASTER COUNTY SCHOOL DISTRICT, SO AS TO DECREASE FROM NINE TO SEVEN THE NUMBER OF MEMBERS OF THE BOARD OF TRUSTEES, PROVIDE THAT EACH MEMBER OF THE BOARD MUST BE ELECTED FROM SINGLE-MEMBER ELECTION DISTRICTS FROM WHICH MEMBERS OF THE LANCASTER COUNTY COUNCIL ARE ELECTED, DELETE TRANSITIONAL PROVISIONS, PROVIDE FOR THE STAGGERING OF TERMS OF THE NEWLY ELECTED MEMBERS, PROVIDE THAT MEMBERS SERVING ON THE EFFECTIVE DATE OF THIS ACT SHALL SERVE THE REMAINDER OF THE TERM FOR WHICH THEY WERE ELECTED, TO PROVIDE THAT A VACANCY OCCURRING AT LEAST ONE HUNDRED TWENTY DAYS BEFORE A GENERAL ELECTION MUST BE FILLED BY A SPECIAL ELECTION, AND DELETE THE PROVISIONS RELATING TO THE ESTABLISHMENT OF SINGLE-MEMBER ELECTION DISTRICTS.

(R455) S. 1523 -- Senators Fielding, Gilbert, Matthews, Mitchell, Patterson, Washington and Williams: AN ACT TO AMEND SECTION 59-127-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF SOUTH CAROLINA STATE COLLEGE, SO AS TO REFLECT THE NAME OF THE COLLEGE TO UNIVERSITY, TO INCREASE THE NUMBER OF MEMBERS TO THIRTEEN, TO REDUCE THE TERM OF THE MEMBERS, AND TO PROVIDE FOR THEIR ELECTION.

(R456) S. 1496 -- Senator McGill: AN ACT TO AMEND SECTION 46-41-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEALERS OF AGRICULTURAL PRODUCTS, SO AS TO ALLOW SUCH DEALERS TO DELIVER EQUIVALENT SECURITY IN THE AMOUNT OF TWENTY-FIVE THOUSAND DOLLARS IN LIEU OF A SURETY BOND IN THE AMOUNT OF TWENTY-FIVE THOUSAND DOLLARS.

(R457) S. 1265 -- Banking and Insurance Committee: AN ACT TO AMEND SECTIONS 38-13-10 THROUGH 38-13-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXAMINATION, INVESTIGATION, REPORTS, PENALTIES, AND REMEDIES OF INSURERS, SO AS TO REVISE CURRENT PROVISIONS TO PROVIDE FOR SCHEDULING OF FINANCIAL EXAMINATIONS OF INSURERS, METHOD OF CONDUCTING EXAMINATIONS, CONTENT, FILING, ADOPTION, PUBLICATION, AND USE OF EXAMINATION REPORTS, CONFIDENTIALITY OF ANCILLARY INFORMATION, COST OF EXAMINATIONS, AND IMMUNITY FOR STATEMENTS MADE OR CONDUCT ENGAGED IN IF PERFORMED IN GOOD FAITH WHILE PERFORMING A FINANCIAL EXAMINATION.

(R458) S. 554 -- Senator Pope: AN ACT TO AMEND CHAPTER 5, TITLE 22, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAGISTRATE'S POWERS AND DUTIES IN CRIMINAL MATTERS, BY ADDING ARTICLE 11 SO AS TO PROVIDE THAT A PERSON CONVICTED OF A FIRST OFFENSE IN MAGISTRATE'S COURT OR MUNICIPAL COURT MAY HAVE HIS CRIMINAL RECORD FOR THIS OFFENSE EXPUNGED UNDER CERTAIN CONDITIONS; TO PROVIDE EXCEPTIONS; TO PROVIDE PROCEDURES FOR KEEPING NONPUBLIC RECORDS AND TO PROVIDE THAT THESE RECORDS MAY NOT BE RELEASED UNDER THE FREEDOM OF INFORMATION ACT.

(R459) S. 1505 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ANNUAL BUDGET DEADLINES AND SCHEDULES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1471, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R460) S. 1506 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO STATE AID, DESIGNATED AS REGULATION DOCUMENT NUMBER 1487, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R461) S. 1503 -- Senator Martschink: AN ACT TO AMEND SECTION 58-9-2540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF AN ADVISORY COMMITTEE TO MONITOR THE STATEWIDE TELECOMMUNICATIONS RELAY ACCESS SERVICE, SO AS TO INCREASE THE COMMITTEE FROM EIGHT TO NINE BY ADDING ONE MEMBER WHO MUST BE HEARING-IMPAIRED AND A MEMBER OF SELF-HELP FOR HARD OF HEARING PEOPLE.

(R462) S. 794 -- Senator Drummond: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-270 SO AS TO PROVIDE FOR DAMAGES FOR THE UNLAWFUL GROSS DESTRUCTION OF OR INJURY TO WILDLIFE, AQUATIC LIFE, ENDANGERED AND THREATENED SPECIES, AND THE LANDS AND WATERS OWNED BY THE STATE AND EXEMPT ORDINARY AGRICULTURAL PRACTICES FROM THIS SECTION.

(R463) S. 123 -- Senators McConnell and Giese: AN ACT TO AMEND SECTION 47-1-50, CODE OF LAWS OF SOUTH CAROLINA 1976, RELATING TO CRUELTY TO ANIMALS, SO AS TO DELETE THE OFFENSE OF CRUEL ABANDONMENT; TO AMEND SECTION 47-1-70, RELATING TO THE ABANDONMENT OF AN ANIMAL IN A PUBLIC PLACE, SO AS TO REVISE THE TERMS OF THE OFFENSE, DEFINE "ABANDONMENT" AND "NECESSITIES OF LIFE", INCREASE PENALTIES, AND PROVIDE AN EXEMPTION; AND TO AMEND THE 1976 CODE BY ADDING SECTION 47-1-200 SO AS TO PROVIDE REQUIREMENTS WHEN AN ANIMAL IS TRANSFERRED OR A DOG OR CAT UNDER EIGHT WEEKS OF AGE IS IMPORTED OR EXPORTED, AND FOR PENALTIES.

(R464) S. 1199 -- Senators Lourie, Land, McConnell, Hinds and Martin: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2735 SO AS TO PROHIBIT DRIVING INTO AN INTERSECTION, CROSSWALK, OR RAILROAD GRADE CROSSING UNLESS THERE IS SPACE ON THE OTHER SIDE FOR VEHICLES TO PASS WITHOUT OBSTRUCTION, TO PROHIBIT PASSING WITHIN ONE HUNDRED FEET OF A RAILROAD GRADE CROSSING, AND TO REQUIRE A VEHICLE STOPPING AT A RAILROAD CROSSING TO KEEP TO THE RIGHT AND NOT FORM TWO LANES OF TRAFFIC UNLESS THE ROAD IS SO MARKED; TO AMEND THE 1976 CODE BY ADDING SECTION 58-15-1625 SO AS TO AUTHORIZE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO CLOSE AND ABOLISH THE RIGHT-OF-WAY IN A RAILROAD GRADE CROSSING AND PROVIDE THE REQUIREMENTS AND PROCEDURE FOR THE CLOSING, TO AMEND SECTION 56-5-1880, RELATING TO LIMITATIONS ON DRIVING ON THE LEFT OF THE CENTERLINE, SO AS TO DELETE THE REFERENCE TO RAILROAD GRADE CROSSING, TO AMEND SECTION 56-5-2720, RELATING TO THE VEHICLES REQUIRED TO STOP AT ALL RAILROAD GRADE CROSSINGS, SO AS TO REQUIRE SCHOOL BUSES OR MOTOR VEHICLES WITH A CAPACITY OF SIXTEEEN OR MORE PERSONS TO STOP AT SUCH CROSSINGS, TO REVISE THE EXCEPTIONS TO THIS REQUIREMENT, AND TO DELETE THE REQUIREMENT OF THE DEPARTMENT TO PROMULGATE REGULATIONS DETAILING WHICH VEHICLES MUST STOP AT GRADE CROSSINGS, AND TO AMEND SECTIONS 56-5-2775 AND 56-5-3210, RELATING TO PENALTIES FOR TRAFFIC VIOLATIONS, SO AS TO INCLUDE THE OFFENSES ESTABLISHED BY THIS ACT.

(R465) S. 826 -- Senators Pope and Waddell: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-296, SO AS TO PERMIT POLITICAL SUBDIVISIONS OF THIS STATE, INCLUDING SCHOOL DISTRICTS, TO MAINTAIN AND CARRY FORWARD REASONABLE POSITIVE GENERAL FUND BALANCES FROM FISCAL YEAR TO FISCAL YEAR INCLUDING, BUT NOT LIMITED TO, THOSE YEARS IN WHICH PROPERTY WITHIN THE POLITICAL SUBDIVISION OR SCHOOL DISTRICT IS SUBJECT TO REASSESSMENT.

(R466) S. 1464 -- Senators Rose and Reese: AN ACT TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION, SO AS TO ADD CHAPTER 55 WHICH CREATES THE SOUTH CAROLINA ENVIRONMENTAL AWARENESS AWARD TO BE PRESENTED ANNUALLY TO A PERSON EXEMPLIFYING EXTRAORDINARY DEDICATION TO THE CONSERVATION AND PRESERVATION OF THE ENVIRONMENT OF SOUTH CAROLINA BY A COMMITTEE CONSISTING OF DESIGNATED REPRESENTATIVES FROM THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, THE STATE COMMISSION OF FORESTRY, THE SEA GRANT CONSORTIUM, THE WATER RESOURCES COMMISSION, THE WILDLIFE AND MARINE RESOURCES COMMISSION, THE STATE LAND RESOURCES CONSERVATION COMMISSION, AND THE SOUTH CAROLINA COASTAL COUNCIL.

(R467) S. 1441 -- Senators Reese, Russell and Courtney: AN ACT TO AMEND SECTION 7-7-490, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN SPARTANBURG COUNTY, SO AS TO CHANGE THE NAMES OF THE PRECINCTS IN THE CITY OF SPARTANBURG.

(R468) S. 912 -- Senator Saleeby: AN ACT TO AMEND SECTION 38-33-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE HEALTH MAINTENANCE ORGANIZATION ACT, SO AS TO DELETE THE DEFINITIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND CHIEF INSURANCE COMMISSIONER; TO AMEND SECTION 38-33-40, RELATING TO APPLICATIONS FOR A CERTIFICATE OF AUTHORITY, SO AS TO DELETE THE REQUIREMENTS OF THE DEPARTMENT PERTAINING TO THE APPLICATIONS AND REVISE THE REQUIREMENTS FOR AN ORGANIZATION'S PROPOSED PLAN OF OPERATION; TO AMEND SECTION 38-33-90, RELATING TO ORGANIZATION REPORTS, SO AS TO DELETE THE REQUIREMENT OF A COPY OF THE REPORTS FOR THE DEPARTMENT; TO AMEND SECTION 38-33-110, RELATING TO THE COMPLAINT SYSTEM, SO AS TO DELETE THE PROVISION FOR CONSULTATION WITH THE DEPARTMENT; TO AMEND SECTION 38-33-170, RELATING TO EXAMINATIONS OF THE ORGANIZATIONS, SO AS TO CHANGE THE REFERENCE TO EXAMINATION BY THE DEPARTMENT TO COMMISSION AND DELETE THE REFERENCE TO EXAMINATION OF PROVIDERS WITH WHOM AN ORGANIZATION HAS CONTRACTS, AGREEMENTS, OR OTHER ARRANGEMENTS; TO AMEND SECTION 38-33-180, RELATING TO SUSPENSION OR REVOCATION OF CERTIFICATES OF AUTHORITY, SO AS TO DELETE THE PROVISION FOR DEPARTMENT CERTIFICATION TO THE COMMISSIONER; TO AMEND SECTION 38-33-270, RELATING TO CONTRACTUAL POWERS TO FULFILL OBLIGATIONS UNDER THE ACT, SO AS TO CHANGE THE REFERENCE TO DEPARTMENT TO COMMISSIONER AND PROVIDE FOR ASSESSMENTS FOR CONSULTING EXPENSES; AND TO AMEND THE 1976 CODE BY ADDING CHAPTER 30 TO TITLE 44 SO AS TO PROVIDE FOR THE SOUTH CAROLINA HEALTH CARE PROFESSIONAL COMPLIANCE ACT.

(R469) S. 452 -- Senator Waddell: AN ACT TO AMEND SECTIONS 41-43-20, 41-43-50, 41-43-90, 41-43-100, 41-43-110, 41-43-160, 41-43-210, 41-43-220, 41-43-230, 41-43-240, AND 41-43-280, ALL OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS, EARNINGS, POWERS, ADDITIONAL POWERS, USE OF BOND PROCEEDS, LOAN PROGRAMS, ADMINISTRATIVE FUNDS, DISPOSITION OF PROPERTY, AND CUMULATIVE EFFECT PROVISIONS OF THE SOUTH CAROLINA JOBS-ECONOMIC DEVELOPMENT AUTHORITY, SO AS TO, AMONG OTHER THINGS, REVISE THE DEFINITIONS OF "ADMINISTRATIVE FUNDS" AND "PROGRAM FUNDS" AND PROVIDE THAT THESE FUNDS INCLUDE EARNINGS, TO ALLOW THE AUTHORITY TO RETAIN UNEXPENDED FUNDS, TO REVISE THE POWERS OF THE AUTHORITY IN ACQUIRING PROPERTY, INCLUDING EXEMPTING THE AUTHORITY FROM THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, DELETE CERTAIN INVESTMENT REQUIREMENTS, AUTHORIZE GRANTS, PROVIDE FOR EMPLOYMENT AT WILL AND FOR CERTAIN EMPLOYEE BENEFITS, EXEMPT EMPLOYEES AND PERSONNEL PROCEDURES FROM STATE EMPLOYEE GRIEVANCE PROCEDURES, AUTHORIZE REFUNDING OF BONDS, DELETE AN OBSOLETE REFERENCE TO THE AUTHORITY OF THE STATE BUDGET AND CONTROL BOARD TO APPROVE RATES OF INTEREST, TO AUTHORIZE LOAN PROCEEDS TO FINANCE WORKING CAPITAL AND PROVIDE FOR THE SERVICING OF LOANS, TO REVISE THE HANDLING OF FUNDS, TO AUTHORIZE PROGRAM FUNDS TO PAY ADMINISTRATIVE EXPENSES, TO REVISE PROPERTY DISPOSAL PROVISIONS, TO PROVIDE THAT A CORPORATION FORMED BY THE AUTHORITY IS A PUBLIC PROCUREMENT UNIT AND AUTHORITY OFFICERS AND EMPLOYEES MAY ACT WITHOUT COMPENSATION FOR SUCH CORPORATIONS, TO PROVIDE THAT THE AUTHORITY IS A STATE AGENCY FOR PURPOSES OF TORT LIABILITY BUT IS NOT CONSIDERED AN AGENCY FOR BUDGET REQUESTS OR THE AUTHORITY OF THE JOINT LEGISLATIVE COMMITTEE ON PERSONAL SERVICE FINANCING AND BUDGETING, AND TO PROVIDE FOR THE SEVERABILITY OF ILLEGAL OR UNENFORCEABLE PROVISIONS OF THIS ACT.

(R470) S. 1248 -- Senator Robert W. Hayes, Jr.: AN ACT TO AMEND SECTION 27-21-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE A SHERIFF MUST USE WHEN SELLING STOLEN OR ABANDONED PROPERTY AT PUBLIC AUCTION WHEN THE OWNER CANNOT BE ASCERTAINED, SO AS TO AUTHORIZE THE CHIEF OF POLICE OF A MUNICIPALITY TO SELL THIS TYPE OF PROPERTY AND TO REVISE THE PROCEDURE FOR THE SELLING OF THE PROPERTY; TO PROVIDE THAT GLASSWARE OR OTHER DRUG PARAPHERNALIA WHICH IS RECOVERED PURSUANT TO SECTION 27-21-20 AND IS UNCLAIMED AND WHICH WOULD BE USEFUL IN A SCIENCE LABORATORY MUST BE MADE AVAILABLE FIRST TO PUBLIC SCHOOLS AND SECOND TO PUBLIC INSTITUTIONS OF HIGHER LEARNING BEFORE IT MAY BE SOLD AT PUBLIC AUCTION OR OTHERWISE DISPOSED OF; AND TO AMEND THE 1976 CODE BY ADDING SECTION 27-40-735 SO AS TO PROVIDE A PROCEDURE FOR THE REMOVAL OF PERSONAL PROPERTY BELONGING TO A TENANT REMOVED FROM A PREMISES AS A RESULT OF AN EVICTION PROCEEDING WHICH IS PLACED ON A PUBLIC STREET OR HIGHWAY AND PROVIDE IMMUNITY FROM LIABILITY FOR OFFICIALS OR EMPLOYEES IF THE TENANT IS NOT INFORMED IN THE NOTICE OF EVICTION OF THE PROVISIONS OF THIS SECTION.

(R471) S. 1314 -- Senator Land: AN ACT TO AMEND ARTICLE 3, CHAPTER 11, TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DAMS AND RESERVOIRS SAFETY ACT, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS FOR OWNERS OF DAMS OR RESERVOIRS REGARDING TRANSFER OF OWNERSHIP, MAINTENANCE, AND OPERATION AND REQUIREMENTS FOR CONSTRUCTION OF NEW DAMS AND RESERVOIRS, PROVIDE RELATED REQUIREMENTS FOR THE LAND RESOURCES CONSERVATION COMMISSION, AUTHORIZE THE COMMISSION TO ASSESS FINES FOR VIOLATIONS, AUTHORIZE THE COMMISSION TO INSTITUTE LEGAL ACTION INSTEAD OF THE ATTORNEY GENERAL, PROVIDE FOR THE USE OF CIVIL FINES COLLECTED UNDER THIS ARTICLE, AND PROVIDE FOR APPLICATION OF CERTAIN NEW REQUIREMENTS TO DAMS OR RESERVOIRS CONSTRUCTED BEFORE AND AFTER THE EFFECTIVE DATE OF THIS ACT.

(R472) S. 1507 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO INTERVENTION WHERE QUALITY OF EDUCATION IN A LOCAL SCHOOL DISTRICT IS IMPAIRED, DESIGNATED AS REGULATION DOCUMENT NUMBER 1473, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R473) S. 1437 -- Agriculture and Natural Resources Committee: AN ACT TO AMEND SECTION 46-49-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO THE SUPERVISION AND REGULATION OF MILK AND MILK PRODUCTS, SO AS TO DELETE THE DEFINITIONS OF "SUBSIDIARY", "AFFILIATE", "BOOKS AND RECORDS", AND "COSTS"; AND TO REPEAL SECTION 46-49-30 RELATING TO THE AUTHORITY OF THE DEPARTMENT OF AGRICULTURE AND THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL REGARDING MILK PURCHASING PLANS AND PRODUCERS' MILK BASES AND SECTION 46-49-50 RELATING TO THE REQUIREMENTS TO MAINTAIN RECORDS AND FILE REPORTS FOR PERSONS LICENSED TO SELL MILK.

(R474) S. 1280 -- Senator Land: AN ACT TO AMEND CHAPTER 11, TITLE 48, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERSHED CONSERVATION DISTRICTS, SO AS TO ADD SECTIONS 48-11-15 AND 48-11-185, DELETE SECTION 48-11-80, AND REVISE THE PROCEDURES FOR THE CREATION, ORGANIZATION, AND FUNCTION OF THE DISTRICTS; TO REPEAL ACT 1316 OF 1964, RELATING TO DISTRICTS IN NEWBERRY COUNTY, ACT 655 OF 1965, RELATING TO DISTRICTS IN JASPER COUNTY, ACT 1179 OF 1966, RELATING TO DISTRICTS IN ALLENDALE COUNTY, ACT 1196 OF 1966, RELATING TO DISTRICTS IN BEAUFORT COUNTY, ACT 1212 OF 1966, RELATING TO DISTRICTS IN CHARLESTON COUNTY, ACT 1254 OF 1966, RELATING TO DISTRICTS IN DARLINGTON COUNTY, AND OTHER ACTS OR PARTS OF ACTS INCONSISTENT WITH CHAPTER 11, TITLE 48; TO DELETE PROVISIONS FOR CERTAIN DISTRICTS WHICH WERE AUTHORIZED BY ACT BUT WERE NEVER CREATED AT THE LOCAL LEVEL AND, WHERE THE DISTRICTS WERE AUTHORIZED BY SEPARATE ACT, TO REPEAL ACT 1084 OF 1958, RELATING TO POLK SWAMP, FLORENCE COUNTY, ACT 1085 OF 1958, RELATING TO EBENEZER, FLORENCE COUNTY, ACT 1134 OF 1960, RELATING TO LYNCHBURG-SHILOH, SUMTER AND LEE COUNTIES, ACT 1097 OF 1962, RELATING TO COWARD, FLORENCE COUNTY, AND ACT 1195 OF 1962, RELATING TO CROW CREEK, PICKENS; TO DISSOLVE CERTAIN DISTRICTS WHICH HAVE NEVER IMPLEMENTED WORKS OF IMPROVEMENT AND, WHERE THE DISTRICTS WERE CREATED BY SEPARATE ACT, TO REPEAL ACT 471 OF 1961, RELATING TO EIGHTEEN MILE CREEK, PICKENS AND ANDERSON COUNTIES, LONG-CANE TURKEY CREEK, ABBEVILLE, ANDERSON, AND GREENWOOD COUNTIES, LITTLE RIVER, ABBEVILLE, ANDERSON, AND MCCORMICK COUNTIES, AND ROCKY RIVER, ANDERSON COUNTY, ACT 567 OF 1961, RELATING TO LONG CANE-TURKEY CREEK, ACT 1081 OF 1962, RELATING TO CATFISH CREEK-SMITH SWAMP, MARION, DILLON, AND MARLBORO COUNTIES, KENTYRE-HAMER, DILLON COUNTY, AND REEDY CREEK, DILLON AND MARLBORO COUNTIES, ACT 493 OF 1965, RELATING TO LONG CANE-TURKEY CREEK, ACT 640 OF 1965, RELATING TO SANDERS BRANCH-CROOKED CREEK, HAMPTON COUNTY, ACT 671 OF 1965, RELATING TO LITTLE RIVER, ACT 691 OF 1965, RELATING TO EIGHTEEN MILE CREEK, AND ACT 725 OF 1965, RELATING TO CLARK'S FORK-BULLOCKS CREEK, YORK COUNTY, STONY FORK, YORK COUNTY, AND SUGAR CREEK, YORK AND LANCASTER COUNTIES; AND TO PROVIDE FOR THE TERMS OF THE DIRECTORS OF THE DISTRICTS SERVING ON THE EFFECTIVE DATE OF THIS ACT AND FOR THE TERMS OF THEIR SUCCESSORS.

(R475) S. 852 -- Senator Drummond: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-9-170 SO AS TO AUTHORIZE THE HOLDER OF A RETAIL PERMIT TO SELL BEER AND WINE TO TRANSFER BEER AND WINE TO OTHER BUSINESSES, TO REQUIRE THE TRANSFEREE BUSINESSES TO HOLD A RETAIL BEER AND WINE PERMIT ISSUED TO THE SAME INDIVIDUAL, PARTNERSHIP, OR CORPORATION AS THE LICENSE OF THE TRANSFEROR BUSINESS, TO REQUIRE TRANSFER OF BEERS TO CONFORM TO TERRITORIAL RESTRICTIONS, TO MAKE IT UNLAWFUL TO TRANSFER BEER OR WINE EXCEPT AS PROVIDED IN THIS SECTION, TO MAKE IT UNLAWFUL FOR A RETAILER TO PURCHASE BEER OR WINE FROM ANOTHER RETAILER FOR RESALE, TO PROVIDE A PENALTY, AND TO REPEAL SECTION 61-9-180 RELATING TO THE TRANSFER OF BEER AND WINE.

(R476) S. 1527 -- Senator Matthews: AN ACT TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO REMOVE FROM THE STATE HIGHWAY SYSTEM THAT PORTION OF ROAD S-38-733 WITHIN THE CAMPUS OF DANTZLER MIDDLE SCHOOL IN ORANGEBURG COUNTY.

(R477) S. 1446 -- Senators Lourie, Courson, Matthews, Washington, Passailaigue and Hinds: AN ACT TO AMEND CHAPTER 13, TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 SO AS TO ENACT THE HOUSING TRUST FUND ACT OF 1992 AND TO PROVIDE DEFINITIONS, TO CREATE THE FUND AND AN ADVISORY COMMITTEE, TO PROVIDE FOR THE DUTIES OF AN EXECUTIVE DIRECTOR; AND TO PROVIDE FOR THE PURPOSE, USE, AND OPERATION OF THE FUND; TO AMEND SECTION 12-21-380, RELATING TO TAX ON INSTRUMENTS CONVEYING REALTY, SO AS TO INCREASE THE TAX FROM ONE DOLLAR TEN CENTS TO ONE DOLLAR THIRTY CENTS ON EACH FIVE HUNDRED DOLLARS OF CONSIDERATION PAID FOR THE PROPERTY AND TO PROVIDE THAT THIS TWENTY CENT INCREASE BE PAID TO THE HOUSING TRUST FUND; TO REDESIGNATE ARTICLE 3, CHAPTER 3, TITLE 31 AS ARTICLE 1, CHAPTER 13, TITLE 31; TO REDESIGNATE SECTIONS 31-3-110 THROUGH 31-3-180 AS 31-13-20 THROUGH 31-13-90, RESPECTIVELY; AND TO REDESIGNATE SECTION 31-13-160 AS 31-13-10.

(R478) H. 4604 -- Rep. Wilkins: AN ACT TO AMEND SECTION 4-9-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A COUNTY'S AUTHORITY TO APPOINT AND COMMISSION ENFORCEMENT OFFICERS, SO AS TO SPECIFY THAT THESE OFFICERS SHALL BE CODE ENFORCEMENT OFFICERS WITH THE POWER OF CONSTABLES EXCEPT THAT THEY MAY NOT PERFORM CUSTODIAL ARRESTS, AND TO DELETE CERTAIN REFERENCES TO CONFLICTS WITH THE FUNCTIONS AND DUTIES OF THE SHERIFF'S DEPARTMENT IN REGARD TO THE DUTIES OF THESE CODE ENFORCEMENT OFFICERS.

(R479) H. 4432 -- Reps. Wilkins, Jennings, Harrison, Huff, J. Williams and Clyborne: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-85 SO AS TO CREATE THE FELONY CRIMINAL OFFENSE OF HOMICIDE BY CHILD ABUSE, TO PROVIDE FOR THE CONSIDERATION OF AGGRAVATING AND MITIGATING CIRCUMSTANCES, AND TO PROVIDE PENALTIES; AND TO AMEND SECTION 19-11-30, RELATING TO THE COMPETENCY OF A HUSBAND OR WIFE TO TESTIFY TO COMMUNICATIONS BETWEEN THEM, SO AS TO INCLUDE IN THE EXCEPTIONS COMPELLING TESTIMONY THOSE PROCEEDINGS INVOLVING CHILD ABUSE OR NEGLECT OR THE DEATH OF A CHILD.

(R480) H. 4649 -- Reps. G. Bailey, A. Young and Wofford: AN ACT TO AMEND ACT 536 OF 1986, AS AMENDED, RELATING TO DORCHESTER COUNTY SCHOOL DISTRICT 4 AND OTHER SCHOOL MATTERS OF THE COUNTY, SO AS TO ESTABLISH FIVE SINGLE-MEMBER DISTRICTS FROM WHICH MEMBERS OF THE BOARD OF TRUSTEES OF DORCHESTER COUNTY SCHOOL DISTRICT 4 MUST BE ELECTED IN 1992, DELETE REFERENCES TO THE DORCHESTER COUNTY LEGISLATIVE DELEGATION APPOINTING MEMBERS OF THE BOARD, PROVIDE A PROCEDURE FOR THE FILLING OF VACANCIES ON THE BOARD, DELETE THE REQUIREMENT FOR A CANDIDATE TO FILE A STATEMENT OF CANDIDACY AND INSTEAD REQUIRE A NOMINATING PETITION; PROVIDE FOR THE TIME FOR CONDUCTING THE ELECTION; AND DELETE PROVISIONS WHICH ESTABLISHED SINGLE-MEMBER DISTRICTS FOR MEMBERS OF THE BOARD OF TRUSTEES ELECTED IN 1988.

(R481) H. 4754 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE ATHLETIC COMMISSION, RELATING TO MODIFICATIONS AND CLARIFICATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1406, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R482) H. 4767 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, RELATING TO PARKING AND TRAFFIC REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1470, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R483) H. 3425 -- Rep. Baxley: AN ACT TO PROVIDE THAT A PERSON SENTENCED TO A TERM OF IMPRISONMENT, WHICH DOES NOT EXCEED NINETY DAYS, AND WHO IS INCARCERATED IN A COUNTY PRISON OR JAIL MAY BE RELEASED TO THE CUSTODY AND CARE OF A PRISONER REHABILITATION PROGRAM, TO PROHIBIT SUCH RELEASE FOR A PERSON WHO HAS COMMITTED A VIOLENT CRIME OR IS DETERMINED TO BE A VIOLENT OFFENDER UNDER GUIDELINES ESTABLISHED BY THE STATE BOARD OF CORRECTIONS, PROVIDE THAT A PRISONER MAY BE ORDERED RELEASED FROM A COUNTY PRISON OR JAIL TO THE SOLE CUSTODY AND CARE OF A PRISONER REHABILITATION PROGRAM UNDER CERTAIN SPECIFIED CONDITIONS, AUTHORIZE A PRISONER REHABILITATION PROGRAM TO RETURN A PRISONER RELEASED TO IT UNDER THIS ACT TO THE CUSTODY OF THE COUNTY PRISON OR JAIL UNDER CERTAIN CONDITIONS, PROVIDE THAT IF A PRISONER IS RETURNED BY THE PROGRAM TO THE CUSTODY OF THE COUNTY PRISON OR JAIL, THE PRISONER MAY NOT BE RELEASED TO THE PROGRAM AGAIN WITHOUT A COURT ORDER PURSUANT TO THE PROVISIONS OF THIS ACT, AND PROVIDE THAT WHEN A PRISONER SUCCESSFULLY COMPLETES THE REHABILITATION PROGRAM IN THE OPINION OF THE DIRECTOR OF THE PROGRAM, THE PRISONER MAY APPLY TO THE COURT IN THE COUNTY IN WHICH HE WAS SENTENCED FOR A REDUCTION OF HIS SENTENCE OR FOR RELEASE FROM THE COUNTY PRISON OR JAIL INTO SOCIETY AT LARGE, SUBJECT TO ANY TERMS OR CONDITIONS THE COURT, IN ITS DISCRETION, MAY IMPOSE UPON THE PRISONER.

(R484) H. 4422 -- Rep. Farr: AN ACT TO AMEND SECTION 56-5-4070, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LENGTH OF VEHICLES, SO AS TO PROVIDE THAT SADDLE MOUNTS AND FULL MOUNTS MUST NOT EXCEED SEVENTY-FIVE FEET, AND TO PROVIDE THAT MOTOR VEHICLES OTHER THAN A MOTOR HOME IN EXCESS OF THIRTY-FIVE FEET MAY NOT HAVE LESS THAN THREE AXLES.

(R485) H. 4512 -- Reps. Chamblee, Waldrop, Shirley, Carnell, McAbee and Tucker: AN ACT TO AMEND SECTION 14-7-840, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTION FROM JURY SERVICE, SO AS TO PROVIDE THAT JURORS ARE EXCUSED UPON TELEPHONE CONFIRMATION OF EXEMPT STATUS.

(R486) H. 3869 -- Rep. Snow: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 TO CHAPTER 17, TITLE 50 SO AS TO PROVIDE A POINT SYSTEM TO BE USED IN SUSPENDING PRIVILEGES, LICENSES, AND PERMITS FOR VIOLATIONS OF COASTAL FISHERIES LAWS AND REGULATIONS AND PROVIDE PENALTIES.

(R487) H. 4393 -- Rep. McLeod: AN ACT TO AMEND SECTION 23-45-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION OF THE FIRE PROTECTION SPRINKLER SYSTEMS ACT, SO AS TO DELETE THE REQUIREMENT THAT BIDS MUST BE ACCOMPANIED BY A COPY OF A VALID SPRINKLER CONTRACTOR'S LICENSE AND PROVIDE THAT THE CONTRACTOR WHO SUBMITS A BID DIRECTLY TO THE STATE MUST INCLUDE ON IT THE FIRE SPRINKLER LICENSE NUMBER.

(R488) H. 4086 -- Reps. Rudnick, Mattos, Whipper, Kempe, Glover, Inabinett, Beatty, Phillips and Corning: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1070 SO AS TO CREATE THE CRIME OF STALKING AND PROVIDE AN EXEMPTION AND A PENALTY FOR VIOLATION.

(R489) H. 4549 -- Rep. Farr: AN ACT TO AMEND SECTION 7-13-1371, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSTRUCTIONS FOR BALLOT CARDS WHICH ARE USED IN CONJUNCTION WITH OPTICAL SCANNING DEVICES, SO AS TO DELETE PROVISIONS WHICH REQUIRE A BALLOT CARD USED DURING A PRESIDENTIAL ELECTION OR PRIMARY TO BE DESIGNED SO THAT THE FRONT OF THE CARD CONTAINS ONLY THE INSTRUCTIONS FOR VOTING FOR PRESIDENT AND THE NAMES OF THE PRESIDENTIAL CANDIDATES.

(R490) H. 4489 -- Rep. Harvin: AN ACT TO AMEND SECTION 7-7-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS IN CLARENDON COUNTY, SO AS TO PROVIDE FOR THE VOTING PLACE FOR THE CALVARY AND HARMONY PRECINCTS.

(R491) H. 4782 -- Rep. Gentry: AN ACT TO AUTHORIZE THE BOARD OF TRUSTEES OF SALUDA COUNTY SCHOOL DISTRICT NO. 1, SOUTH CAROLINA, THE GOVERNING BODY OF THE SALUDA COUNTY SCHOOL DISTRICT NO. 1, SOUTH CAROLINA, TO ISSUE AND SELL GENERAL OBLIGATION BONDS OF THE SCHOOL DISTRICT IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED THOUSAND DOLLARS ($400,000), TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSE FOR WHICH THE PROCEEDS MAY BE EXPENDED, AND TO PROVIDE FOR THE PAYMENT OF THE BONDS.

(R492) H. 4755 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO 900 AND 900-TYPE SERVICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1460, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R493) H. 3630 -- Rep. Hodges: AN ACT TO AMEND SECTION 33-16-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT A CORPORATION IS REQUIRED TO REPORT TO SHAREHOLDERS SHARES ISSUED FOR PROMISSORY NOTES OR FOR PROMISES TO RENDER SERVICES IN THE FUTURE, SO AS TO EXEMPT A CORPORATION THAT IS SUBJECT TO THE REGISTRATION REQUIREMENTS OF SECTION 12 OF THE SECURITIES AND EXCHANGE ACT OF 1934, IF THE SHARES ARE ISSUED OR AUTHORIZED PURSUANT TO A PLAN THAT HAS BEEN APPROVED BY THE SHAREHOLDERS OF THE CORPORATION.

(R494) H. 3550 -- Reps. Cromer and Manly: AN ACT TO AMEND SECTION 56-1-745, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONVICTION OF CONTROLLED SUBSTANCE VIOLATIONS, SUSPENSION OF DRIVER'S LICENSE, SPECIAL RESTRICTED DRIVER'S LICENSE AND FEES, AND INSURANCE PENALTY UNDER THE MERIT RATING PLAN, AND SECTION 56-1-746, RELATING TO DRIVER'S LICENSE SUSPENSION FOR OFFENSES RELATING TO POSSESSION, SALE, AND CONSUMPTION OF BEER, WINE, AND ALCOHOLIC LIQUORS OR FOR UNLAWFUL USE OR ALTERATION OF A DRIVER'S LICENSE, SO AS TO, AMONG OTHER THINGS, ADD ENROLLMENT IN A COLLEGE OR UNIVERSITY AS A BASIS FOR APPLYING FOR A SPECIAL RESTRICTED DRIVER'S LICENSE, PROVIDE THAT SUCH LICENSE ALLOWS THE PERSON TO DRIVE TO AND FROM HIS PLACE OF EDUCATION AND IN THE COURSE OF HIS EMPLOYMENT OR EDUCATION DURING THE PERIOD OF SUSPENSION, DELETE CERTAIN LANGUAGE, AND INCREASE THE FEE FOR EACH SPECIAL RESTRICTED DRIVER'S LICENSE, INCLUDING A REISSUE CAUSED BY CHANGES IN THE PLACE AND HOURS OF EMPLOYMENT, EDUCATION, OR RESIDENCE, FROM TEN TO TWENTY DOLLARS; TO AMEND SECTION 56-3-1970, RELATING TO FREE PARKING FOR HANDICAPPED PERSONS, UNLAWFUL ACTS, AND PENALTIES, SO AS TO CHANGE THE APPLICABLE PENALTIES; TO AMEND THE 1976 CODE BY ADDING SECTIONS 56-3-1971, 56-3-1972, 56-3-1973, AND 56-3-1974, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT ALL LAW ENFORCEMENT OFFICERS ISSUING TICKETS ON PUBLIC AND PRIVATE PROPERTY AND STATE LAW ENFORCEMENT DIVISION LICENSED SECURITY OFFICERS OF SHOPPING CENTERS AND BUSINESS AND COMMERCIAL ESTABLISHMENTS, WHICH PROVIDE PARKING SPACES DESIGNATED FOR HANDICAPPED PERSONS, ARE AUTHORIZED TO ISSUE A UNIFORM PARKING VIOLATIONS TICKET TO A VEHICLE FOR VIOLATIONS OF THE PRESCRIBED USE OF THE PARKING SPACES, PROVIDE THAT UPON CONVICTION FOR A VIOLATION OF SECTION 56-3-1970, FIVE DOLLARS OF THE FINE ASSESSED MUST BE REMITTED TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR ADMINISTRATION AND IMPLEMENTATION COSTS, PROVIDE THAT FOR PURPOSES OF ARTICLE 18, CHAPTER 3, TITLE 56 "FREE PARKING FOR HANDICAPPED PERSONS", A UNIFORM PARKING VIOLATIONS TICKET SHALL CONSIST OF FIVE COPIES AND EACH TICKET SHALL HAVE A UNIQUE IDENTIFYING NUMBER, REQUIRE THE DEPARTMENT TO HAVE THE UNIFORM PARKING VIOLATIONS TICKET PRINTED, REQUIRE LAW ENFORCEMENT AND SECURITY AGENCIES TO ORDER TICKETS FROM THE DEPARTMENT AND TO RECORD THE IDENTIFYING NUMBERS OF THE TICKETS RECEIVED BY THEM, PROVIDE THAT THE COST OF THE TICKETS MUST BE PAID BY THE LAW ENFORCEMENT OR SECURITY AGENCY, PROVIDE THAT A PERSON WHO WILFULLY AND INTENTIONALLY VIOLATES THE PROVISIONS OF SECTION 56-3-1973 IS GUILTY OF A MISDEMEANOR, PROVIDE PENALTIES, AND PROVIDE THAT IF THE FAILURE TO ACCOUNT FOR A TICKET OR THE FAILURE TO TIMELY FORWARD THE ISSUING AGENCY'S COPY OR DEPARTMENT RECORD'S OR AUDIT COPY OF THE TICKET IS INADVERTENT OR UNINTENTIONAL, THE MISUSE IS TRIABLE IN MAGISTRATE'S COURT AND, UPON CONVICTION, THE PERSON MUST BE FINED NOT MORE THAN ONE HUNDRED DOLLARS; AND TO PROVIDE THAT NO PERSON ISSUED A RESTRICTED DRIVER'S LICENSE UNDER THE PROVISIONS OF SECTION 56-1-745(C) OR SECTION 56-1-746(D) SHALL SUBSEQUENTLY BE ELIGIBLE FOR ISSUANCE OF A SPECIAL RESTRICTED DRIVER'S LICENSE UNDER THESE PROVISIONS.

(R495) H. 4790 -- Rep. Kirsh: AN ACT TO AMEND SECTION 12-54-460, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SETOFF DEBT COLLECTION ACT WHICH AUTHORIZES A CLAIMANT AGENCY TO REQUEST THAT A DELINQUENT DEBT BE SET OFF BY THE TAX COMMISSION AGAINST ANY INCOME TAX REFUND DUE THE DEBTOR, SO AS TO PROVIDE THAT REGULAR MAIL AS WELL AS CERTIFIED OR REGISTERED MAIL MAY BE USED TO PROVIDE THE DEBTOR WITH CERTAIN NOTICES REQUIRED BY THE ACT.

(R496) H. 4799 -- Reps. Holt, Whipper, J. Bailey, D. Martin, Hallman, Gonzales, Rama, Barber, Inabinett, R. Young and Fulmer: AN ACT TO PROVIDE FOR THE TAX MILLAGE TO BE LEVIED IN CHARLESTON COUNTY FOR FISCAL YEAR 1992-93 FOR CERTAIN LOCAL SUBDIVISIONS, AGENCIES, AND COMMISSIONS OF THE COUNTY, AND TO PROVIDE FOR THE TOTAL OPERATING BUDGETS OF THESE SUBDIVISIONS, AGENCIES, AND COMMISSIONS FOR FISCAL YEAR 1992-93.

(R497) H. 4256 -- Rep. Kirsh: AN ACT TO AMEND SECTION 40-47-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR RESPIRATORY CARE PRACTITIONERS, SO AS TO DELETE THE REQUIREMENT OF GOOD MORAL CHARACTER AND DELETE REDUNDANT LANGUAGE; AND TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA RESPIRATORY CARE COMMITTEE FOR SIX YEARS.

(R498) H. 4618 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE LAW ENFORCEMENT TRAINING COUNCIL, RELATING TO CONDUCT, DESIGNATED AS REGULATION DOCUMENT NUMBER 1447, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R499) H. 4426 -- Reps. Manly, Fair, Cato, Mattos, Anderson, Vaughn, M.O. Alexander, Haskins, Wilkins, Jaskwhich and Clyborne: AN ACT TO PROVIDE THAT A POLITICAL SUBDIVISION MAY PROVIDE FOR THE EXPENDITURE OF FUNDS COLLECTED BY WAY OF FRONT-FOOT ASSESSMENTS OR PER-PARCEL ASSESSMENTS, FOR SEWER IMPROVEMENTS IN ACCORDANCE WITH THIS ACT; TO PROVIDE THAT, IN THE EVENT THAT A POLITICAL SUBDIVISION, PURSUANT TO SPECIAL OR GENERAL ACT, HAS COLLECTED FUNDS BY WAY OF FRONT-FOOT ASSESSMENTS OR PER-PARCEL ASSESSMENTS TO DEFRAY THE COST OF CONSTRUCTION OF SEWER COLLECTION LINES, THESE FUNDS MAY BE APPLIED BY THE POLITICAL SUBDIVISION TO THE MAINTENANCE, REPAIR, AND REPLACEMENT OF THE LINES AS LONG AS CERTAIN CONDITIONS ARE SATISFIED; TO PROVIDE THAT BEFORE THE EXPENDITURE OF FUNDS IN ACCORDANCE WITH THIS ACT, THE POLITICAL SUBDIVISION FIRST SHALL FIND THAT THE ABOVE-REFERENCED CONDITIONS ARE SATISFIED; AND TO PROVIDE THAT THE POLITICAL SUBDIVISION MUST SET FORTH A GENERAL DESCRIPTION OF THE PROPERTIES UPON WHICH THE ASSESSMENTS WERE IMPOSED AND A GENERAL DESCRIPTION OF THE USE TO WHICH THE FUNDS SHALL BE APPLIED, EXCEPT THAT THE FUNDS SHALL BE APPLIED ONLY TO MAINTENANCE, REPAIR, OR REPLACEMENT OF THOSE SEWER COLLECTION LINES IN CONNECTION WITH WHICH THE ASSESSMENTS WERE IMPOSED.

(R500) H. 4275 -- Reps. Hallman, D. Martin, Whipper, Corbett, Holt, Barber, R. Young, Fulmer, J. Bailey and Gonzales: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 51-13-725 SO AS TO ADD THE MAYOR OF MT. PLEASANT, SOUTH CAROLINA, AS AN EX OFFICIO MEMBER OF THE PATRIOT'S POINT DEVELOPMENT AUTHORITY.

(R501) H. 4358 -- Rep. Phillips: AN ACT TO AMEND SECTION 40-56-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF PYROTECHNIC SAFETY, SO AS TO INCREASE THE MEMBERSHIP OF THE BOARD.

(R502) H. 4781 -- Reps. Keyserling and White: AN ACT TO AMEND ACT 589 OF 1986, AS AMENDED, RELATING TO THE BOARD OF EDUCATION FOR BEAUFORT COUNTY, SO AS TO REVISE THE MANNER IN WHICH AND DISTRICTS FROM WHICH THE MEMBERS OF THE BOARD ARE ELECTED BEGINNING WITH THE 1992 ELECTION.

(R503) H. 4158 -- Rep. Manly: AN ACT TO PROVIDE FOR THE MANNER IN WHICH THE ANNUAL BUDGET AND TAX MILLAGE FOR THE SCHOOL DISTRICT OF GREENVILLE COUNTY MUST BE DETERMINED, TO PROVIDE THAT GREENVILLE COUNTY TAX NOTICES MAY CONTAIN CERTAIN CHECK-OFF OPTIONS, AND TO REPEAL ACT 284 OF 1989 AND ACT 251 OF 1991 RELATING TO THE AUTHORIZED TAX MILLAGE FOR THE GREENVILLE COUNTY SCHOOL DISTRICT.

(R504) H. 4804 -- Rep. Clyborne: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON NOVEMBER 25, 26, AND 27, 1991, BY THE STUDENTS OF THE SEVIER MIDDLE SCHOOL IN GREENVILLE COUNTY BECAUSE OF A FIRE ON SCHOOL PROPERTY ARE EXEMPT FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

(R505) H. 4204 -- Rep. Altman: AN ACT TO AMEND SECTION 12-37-2740, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUSPENSION OF DRIVER'S LICENSE AND REGISTRATION FOR FAILURE TO PAY PROPERTY TAX ON A MOTOR VEHICLE, SO AS TO PROVIDE THAT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION SHALL DETERMINE THE MANNER OF NOTIFICATION.

(R506) H. 4203 -- Rep. Altman: AN ACT TO AMEND SECTION 56-9-550, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROOF OF FINANCIAL RESPONSIBILITY, SO AS TO PROVIDE ADDITIONAL MEANS OF PROVIDING THE CERTIFICATE TO THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION; AND BY ADDING SECTIONS 56-1-245 AND 38-77-113 SO AS TO PROVIDE FOR WAIVER OF REINSTATEMENT FEE IF THE LICENSEE HAD MOTOR VEHICLE LIABILITY INSURANCE COVERAGE AT THE TIME HIS LICENSE WAS SUSPENDED OR REVOKED.

(R507) H. 3868 -- Rep. Snow: AN ACT TO AMEND SECTION 50-17-422, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESTRICTIONS ON THE USE OF GILL NETS FOR TAKING AMERICAN SHAD IN STATE WATERS OF THE ATLANTIC OCEAN, SO AS TO PROVIDE THAT EACH NET SET IN VIOLATION OF THIS SECTION CONSTITUTES A SEPARATE OFFENSE.

(R508) H. 4737 -- Rep. Keyserling: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-320 SO AS TO AUTHORIZE A SPECIAL PURPOSE DISTRICT WHICH IS EMPOWERED TO PROVIDE WATER SERVICES TO PROVIDE SEWAGE COLLECTION AND DISPOSAL SERVICES UNDER CERTAIN PRESCRIBED CIRCUMSTANCES.

(R509) H. 4257 -- Rep. Cromer: AN ACT TO AMEND SECTION 47-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRUELTY TO ANIMALS, ILL-TREATMENT OF ANIMALS GENERALLY, AND CERTAIN PENALTIES, SO AS TO EXTEND APPLICATION OF CERTAIN PROVISIONS OF THE SECTION TO ALL OFFENDING PERSONS, INCREASE THE PENALTIES, AND PROVIDE THAT A FIRST OFFENSE VIOLATION SHALL BE TRIED IN MAGISTRATE'S COURT, TO INCREASE THE PENALTY FOR A PERSON WHO TORTURES, TORMENTS, NEEDLESSLY MUTILATES, CRUELLY KILLS, OR INFLICTS EXCESSIVE OR REPEATED UNNECESSARY PAIN OR SUFFERING UPON ANY ANIMAL, OR CAUSES THESE ACTS TO BE DONE, INCLUDING MANDATING BOTH FINE AND IMPRISONMENT FOR COMMITTING THE CRIME, RATHER THAN MERELY ALLOWING THE IMPOSITION OF FINE AND IMPRISONMENT, AND TO PROVIDE THAT THIS CODE SECTION DOES NOT APPLY TO ACTIVITY AUTHORIZED BY TITLE 50 (FISH, GAME, AND WATERCRAFT).

(R510) H. 3027 -- Rep. Harvin: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-105 SO AS TO PROHIBIT THE DISPLAY OF A WILD CAUGHT OR CAPTIVE BRED DOLPHIN OR WHALE AND TO REQUIRE THE MARINE MAMMAL STRANDING NETWORK TO ATTEMPT TO REHABILITATE AND TO RELEASE ANY BEACH STRANDED WHALE OR DOLPHIN AND PROVIDE PENALTIES.

(R511) H. 4406 -- Reps. Manly, D. Williams, Cromer, G. Bailey, Rama, Rogers, Hallman, Mattos, Kempe, Smith, Wilkes, Waites, McElveen, Whipper, J. Bailey, Anderson, Rhoad, Beatty, Jennings, Harrelson, Shissias, Barber, Littlejohn, McCraw, Chamblee, Quinn, Corning, Haskins, L. Martin, Cobb-Hunter, Harrison, Sturkie, Riser and Altman: AN ACT TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLASSES OF PROPERTY EXEMPT FROM AD VALOREM TAXATION, SO AS TO PROVIDE THAT THE EXEMPTION FOR THE PROPERTY OF ANY RELIGIOUS, CHARITABLE, OR ELEEMOSYNARY SOCIETY, CORPORATION, OR OTHER ASSOCIATION WHEN THE PROPERTY IS ACQUIRED FOR THE PURPOSE OF BUILDING OR RENOVATING RESIDENTIAL STRUCTURES ON IT FOR SALE TO ECONOMICALLY DISADVANTAGED PERSONS MAY BE CLAIMED FOR UP TO FIVE, RATHER THAN TWO, TAX YEARS ON A SINGLE PROPERTY, SPECIFY THAT THE SALE OF THE PROPERTY BE A NOT-FOR-PROFIT SALE, AND PROVIDE THAT THE TOTAL PROPERTIES FOR WHICH THE RELIGIOUS, CHARITABLE, OR ELEEMOSYNARY SOCIETY, CORPORATION, OR OTHER ASSOCIATION MAY CLAIM THIS EXEMPTION MAY NOT EXCEED FIFTEEN ACRES PER COUNTY WITHIN THE STATE.

(R512) H. 4525 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ACCREDITATION STANDARDS FILED, DEFINED MINIMUM PROGRAM FOR SOUTH CAROLINA SCHOOL DISTRICTS, GRADES 9-12, VII, AND THE STATE HIGH SCHOOL EQUIVALENCY DIPLOMA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1451, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R513) H. 3850 -- Rep. Smith: AN ACT TO AMEND SECTION 20-7-650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF A LOCAL CHILD PROTECTIVE AGENCY, SO AS TO PROVIDE THAT FACTS INDICATING A VIOLATION OF CRIMINAL LAW BE REPORTED TO APPROPRIATE LAW ENFORCEMENT AGENCIES WITHIN TWENTY-FOUR HOURS AND AN INCIDENT REPORT FILED, AND WHEN FACTS INDICATE SEXUAL ABUSE, LAW ENFORCEMENT AGENCIES MUST BE NOTIFIED WITHIN TWENTY-FOUR HOURS AND AN INCIDENT REPORT FILED.

(R514) H. 4277 -- Rep. Kirsh: AN ACT TO AMEND SECTION 40-77-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR A REGISTERED PROFESSIONAL GEOLOGIST, SO AS TO DELETE THE REQUIREMENT FOR ORAL EXAMINATIONS AND REQUIRE APPROPRIATE EXAMINATIONS; TO AMEND SECTION 40-77-370, RELATING TO EXEMPTIONS FROM THE REQUIREMENTS, SO AS TO AUTHORIZE THE BOARD TO DETERMINE THE TIME LIMITS FOR PRACTICING WITH A TEMPORARY PERMIT AND DELETE THE REQUIREMENT FOR REGISTRATION IN A PERSON'S RESIDENT STATE OR COUNTRY FOR A TEMPORARY PERMIT; AND TO REAUTHORIZE THE EXISTENCE OF THE STATE BOARD OF REGISTRATION FOR GEOLOGISTS FOR THREE YEARS.

(R515) H. 3607 -- Reps. Waites, Kinon, Corning, Quinn, Keyserling, Beasley, Burriss, Kempe, McGinnis, Rogers, Huff, Cromer and Rudnick: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-17-725 SO AS TO PROVIDE THAT WHERE GENERAL SESSIONS FINES OR RESTITUTION PAYMENTS ARE PAID THROUGH INSTALLMENTS, A COLLECTION COST CHARGE OF THREE PERCENT OF THE PAYMENT MUST ALSO BE COLLECTED BY THE CLERK OF COURT FROM THE DEFENDANT AND TRANSFERRED TO THE COUNTY TREASURER FOR DEPOSIT TO CREDIT OF THE COUNTY GENERAL FUND.

(R516) H. 4085 -- Rep. Harwell: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR FISCAL YEAR BEGINNING JULY 1, 1991, AND ENDING JUNE 30, 1992.

At Twelve O'clock Noon the Senate appeared in the Hall of the House.

The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of Concurrent Resolutions adopted by both Houses.

The Clerk of the Senate read the Concurrent Resolutions:

S. 1471 -- Senators Pope, Martin, Lourie and McConnell: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 27, 1992, AT 12:00 NOON AS THE TIME FOR ELECTING SUCCESSORS FOR CERTAIN JUDGES OF THE CIRCUIT COURT WHOSE TERMS EXPIRE JUNE 30, 1995, AND JUNE 30, 1997; AND TO ELECT SUCCESSORS FOR CERTAIN JUDGES OF THE FAMILY COURT WHOSE TERMS EXPIRE JUNE 30, 1992, AND JUNE 30, 1995.

S. 1547 -- Senators Pope, Martin, Lourie and McConnell: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 27, 1992, AS THE TIME FOR ELECTING SUCCESSORS FOR CERTAIN JUDGES OF THE CIRCUIT COURT WHOSE TERMS EXPIRE JUNE 30, 1992; AND TO ELECT SUCCESSORS FOR CERTAIN JUDGES OF THE FAMILY COURT WHOSE TERMS EXPIRE JUNE 30, 1992, AND JUNE 30, 1995.

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Third Judicial Circuit.

Senator POPE, Chairman of the Judicial Screening Committee, indicated that the Hon. Thomas W. Cooper, Jr. had been screened and found qualified to serve.

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

Whereupon, the PRESIDENT announced that the Honorable Thomas W. Cooper, Jr. was elected to the position of Judge, Third Judicial Circuit, for the term prescribed by law.

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Ninth Judicial Circuit.

Senator POPE, Chairman of the Judicial Screening Committee indicated that Steve C. Davis and Daniel E. Martin, Sr. had been screened and found qualified to serve.

On motion of Senator POPE, the name of Mr. Steve C. Davis was withdrawn from consideration.

Rep. Whipper nominated Mr. Martin.

Rep. Gentry seconded the nomination of Mr. Martin.

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

Whereupon, the PRESIDENT announced that the Honorable Daniel E. Martin, Sr. was elected to the position of Judge, Ninth Judicial Circuit for the term prescribed by law.

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Thirteenth Judicial Circuit.

Senator POPE, Chairman of the Judicial Screening Committee, indicated that the Hon. Henry F. Floyd had been screened and found qualified to serve.

Rep. Martin, on behalf of the Pickens Delegation, seconded the nomination of Judge Floyd.

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

Whereupon, the PRESIDENT announced that the Honorable Henry F. Floyd was elected to the position of Judge, Thirteenth Judicial Circuit, for the term prescribed by law.

The PRESIDENT announced that nominations were in order to elect a successor to the position of Circuit Judge, At-Large, Seat #5.

Rep. Gentry indicated that Gary E. Clary, T. Louis Cox, Thomas C. Dillard, Martha McElveen Horne, and Walton J. McLeod, III had been screened and found qualified to serve.

Rep. Gentry indicated that Mr. T. Louis Cox and Mr. Thomas C. Dillard had withdrawn their names from consideration.

Senator LEVENTIS nominated Ms. Horne.

Senator LEVENTIS withdrew the name of Ms. Horne from consideration.

Senator PEELER nominated Mr. Clary.

Senators COURTNEY, RUSSELL, SHEALY, O'DELL and REESE and Representatives Phillips, Farr, McGinnis, Beatty, Lanford, Rama, McCraw, Mattos, Cato, Wells, Baker, Kennedy, Snow, Smith, Carnell, Rogers, K. Burch, Shirley, Jennings, Marchbanks, Littlejohn, Bruce and Meacham seconded the nomination of Mr. Clary.

Senator POPE nominated Mr. McLeod.

Senators WASHINGTON, FIELDING, MATTHEWS, ROSE, GIESE, GILBERT, MARTSCHINK and Representatives Inabinett, Hallman, Gonzales, Rhoad, Waldrop, Harvin, Gentry, Harrelson, McTeer, Cobb-Hunter, Wilder, Huff, Tucker, Byrd, Corning, Klapman, Wofford and McLeod seconded the nomination of Mr. McLeod.

The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.

The following named Senators voted for Mr. Clary:
Bryan Carmichael Cork
Courson Courtney Hayes, R.W.
Hinds Hinson Holland
Land Leatherman Leventis
Martin McConnell McGill
Mitchell Mullinax O'Dell
Patterson Peeler Reese
Russell Saleeby Smith, J.V.
Smith, N.W. Stilwell Thomas
Wilson

The following named Senators voted for Mr. McLeod:
Fielding Giese Gilbert
Helmly Lourie Macaulay
Martschink Matthews Moore
Passailaigue Pope Rose
Setzler Shealy Washington
Williams

On motion of Rep. Huff, with unanimous consent, the members of the House voted by electric roll call.

The following named Representatives voted for Mr. Clary:
Alexander, M.O. Alexander, T.C. Altman
Anderson Baker Baxley
Beasley Beatty Boan
Brown, G. Brown, H. Bruce
Burch, K. Canty Carnell
Cato Clyborne Cooper
Corbett Cromer Delleney
Elliott, L. Fair Farr
Foster Fulmer Harwell
Haskins Hodges Jennings
Johnson, J.C. Keegan Kempe
Kennedy Kinon Lanford
Littlejohn Marchbanks Martin, L.
Martin, M. Mattos McAbee
McCraw McElveen McGinnis
Meacham Neilson Phillips
Rama Riser Rogers
Ross Scott Shirley
Smith Snow Stoddard
Taylor Wells Whipper
White Wilkins Wright
Young, A. Young, R.

The following named Representatives voted for Mr. McLeod:
Bailey, J. Barber Byrd
Chamblee Cobb-Hunter Corning
Council Elliott, D. Felder
Gentry Glover Gonzales
Hallman Harrelson Harris, J.
Harvin Hendricks Holt
Houck Huff Hyatt
Inabinett Jaskwhich Keyserling
Kirsh Klapman Koon
McKay McLeod McTeer
Nettles Quinn Rhoad
Rudnick Sheheen Shissias
Stone Sturkie Tucker
Vaughn Waites Waldrop
Wilder Wilkes Williams, D.
Williams, J. Wofford

Total Number of Senators voting 44
Total Number of Representatives voting 112
Grand Total 156
Necessary to a choice 79
Of which Mr. Clary received 93
Of which Mr. McLeod received 63

Whereupon, the PRESIDENT announced that the Honorable Gary E. Clary was elected to the position of Circuit Judge, At-Large, Seat #5, for the term prescribed by law.

Judge, Family Court, First Judicial Circuit, Seat #2

Judge, Family Court, Second Judicial Circuit, Seat #1

Judge, Family Court, Third Judicial Circuit, Seat #1

Judge, Family Court, Fourth Judicial Circuit, Seat #1

Judge, Family Court, Fourth Judicial Circuit, Seat #2

Judge, Family Court, Fifth Judicial Circuit, Seat #1

Judge, Family Court, Fifth Judicial Circuit, Seat #4

Judge, Family Court, Seventh Judicial Circuit, Seat #3

Judge, Family Court, Eighth Judicial Circuit, Seat #2

Judge, Family Court, Ninth Judicial Circuit, Seat #1

Judge, Family Court, Ninth Judicial Circuit, Seat #3

Judge, Family Court, Eleventh Judicial Circuit, Seat #1

Judge, Family Court, Twelfth Judicial Circuit, Seat #3

Judge, Family Court, Thirteenth Judicial Circuit, Seat #3

Judge, Family Court, Thirteenth Judicial Circuit, Seat #4

Judge, Family Court, Fourteenth Judicial Circuit, Seat #2

Judge, Family Court, Fifteenth Judicial Circuit, Seat #2

Judge, Family Court, Sixteenth Judicial Circuit, Seat #1

The PRESIDENT announced that nominations were in order to elect a successor to the positions of:

Judge, Family Court, First Judicial Circuit, Seat #2

Judge, Family Court, Second Judicial Circuit, Seat #1

Judge, Family Court, Third Judicial Circuit, Seat #1

Judge, Family Court, Fourth Judicial Circuit, Seat #1

Judge, Family Court, Fourth Judicial Circuit, Seat #2

Judge, Family Court, Fifth Judicial Circuit, Seat #1

Judge, Family Court, Fifth Judicial Circuit, Seat #4

Judge, Family Court, Seventh Judicial Circuit, Seat #3

Judge, Family Court, Eighth Judicial Circuit, Seat #2

Judge, Family Court, Ninth Judicial Circuit, Seat #1

Judge, Family Court, Ninth Judicial Circuit, Seat #3, and

Judge, Family Court, Eleventh Judicial Circuit, Seat #1

Judge, Family Court, Twelfth Judicial Circuit, Seat #3

Judge, Family Court, Thirteenth Judicial Circuit, Seat #3

Judge, Family Court, Thirteenth Judicial Circuit, Seat #4

Judge, Family Court, Fourteenth Judicial Circuit, Seat #2

Judge, Family Court, Fifteenth Judicial Circuit, Seat #2

Judge, Family Court, Sixteenth Judicial Circuit, Seat #1

Senator POPE, Chairman of the Judicial Screening Committee indicated that the Hon. Alvin C. Biggs, the Hon. Peter R. Nuessle, Mr. Ruben L. Gray, the Hon. Jamie F. Lee, the Hon. J. L. Murdock, Jr., the Hon. Robert H. Burnside, the Hon. William M. Campbell, Jr., the Hon. Stuart H. Hall, the Hon. John M. Rucker, the Hon. L. Mendel Rivers, the Hon. Judy C. Bridges, the Hon. W. Frank Rogers, Jr., the Hon. Wylie H. Caldwell, Jr., the Hon. Amy S. Sutherland, the Hon. Joseph W. Board, the Hon. Albert L. Kleckley, the Hon. Kaye Gorenflo Hearn and the Hon. David N. Wilburn, Jr. had been screened and found qualified to serve.

Rep. Gentry moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominees.

Whereupon, the PRESIDENT announced that:

the Hon. Alvin C. Biggs was elected to the position of Judge, Family Court, First Judicial Circuit, Seat #2;

the Hon. Peter R. Nuessle was elected to the position of Judge, Family Court, Second Judicial Circuit, Seat #1;

the Hon. Ruben L. Gray was elected to the position of Judge, Family Court, Third Judicial Circuit, Seat #1;

the Hon. Jamie F. Lee was elected to the position of Judge, Family Court, Fourth Judicial Circuit, Seat #1;

the Hon. J. L. Murdock, Jr. was elected to the position of Judge, Family Court, Fourth Judicial Circuit, Seat #2;

the Hon. Robert H. Burnside was elected to the position of Judge, Family Court, Fifth Judicial Circuit, Seat #1;

the Hon. William M. Campbell, Jr. was elected to the position of Judge, Family Court, Fifth Judicial Circuit, Seat #4,

the Hon. Stuart H. Hall was elected to the position of Judge, Family Court, Seventh Judicial Circuit, Seat #3;

the Hon. John M. Rucker was elected to the position of Judge, Family Court, Eighth Judicial Circuit, Seat #2;

the Hon. L. Mendel Rivers was elected to the position of Judge, Family Court, Ninth Judicial Circuit, Seat #1;

the Hon. Judy C. Bridges was elected to the position of Judge, Family Court, Ninth Judicial Circuit, Seat #3;

the Hon. W. Frank Rogers, Jr. was elected to the position of Judge, Family Court, Eleventh Judicial Circuit, Seat #1;

the Hon. Wylie H. Caldwell, Jr. was elected to the position of Judge, Family Court, Twelfth Judicial Circuit, Seat #3;

the Hon. Amy S. Sutherland was elected to the position of Judge, Family Court, Thirteenth Judicial Circuit, Seat #3;

the Hon. Joseph W. Board was elected to the position of Judge, Family Court, Thirteenth Judicial Circuit, Seat #4;

the Hon. Albert L. Kleckley was elected to the position of Judge, Fourteenth Judicial Circuit, Seat #2;

the Hon. Kaye Gorenflo Hearn was elected to the position of Judge, Family Court, Fifteenth Judicial Circuit, Seat #2;

the Hon. David N. Wilburn, Jr. was elected to the position of Judge, Sixteenth Judicial Circuit, Seat #1;
for the terms prescribed by law.

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

Senator POPE, Chairman of the Judicial Screening Committee, indicated that the Hon. Robert H. Cureton, Mr. Leslie Jay Shayne and Mr. Robert K. Whitney had been screened and found qualified to serve.

On motion of Senator POPE, the name of Mr. Shayne was withdrawn from consideration.

Senator POPE nominated Mr. Whitney.

Rep. Ross nominated Judge Cureton.

Senators COURTNEY, MULLINAX and MACAULAY and Representatives Chamblee, T.C. Alexander, Hendrix, Mattos, Meacham and L. Martin seconded the nomination of Judge Cureton.

The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.

The following named Senators voted for Mr. Cureton:
Bryan Carmichael Cork
Courtney Fielding Giese
Hayes, R.W. Helmly Hinds
Hinson Holland Land
Leatherman Leventis Lourie
Macaulay Martin Martschink
Matthews McConnell McGill
Mitchell Moore Mullinax
O'Dell Passailaigue Patterson
Peeler Pope Reese
Rose Russell Saleeby
Setzler Shealy Smith, J.V.
Smith, N.W. Stilwell Washington
Williams Wilson

The following named Senators voted for Mr. Whitney:
Courson Gilbert

On motion of Rep. Huff, with unanimous consent, the members of the House voted by electric roll call.

The following named Representatives voted for Mr. Cureton:
Alexander, M.O. Alexander, T.C. Altman
Anderson Bailey, J. Baker
Barber Baxley Beasley
Boan Brown, G. Brown, H.
Bruce Burch, K. Byrd
Carnell Cato Chamblee
Clyborne Cobb-Hunter Cooper
Corbett Corning Council
Cromer Delleney Elliott, D.
Elliott, L. Fair Farr
Felder Fulmer Gentry
Glover Gonzales Harrelson
Harris, J. Harvin Harwell
Haskins Hendricks Holt
Houck Huff Hyatt
Inabinett Jennings Johnson, J.C.
Keegan Keyserling Kinon
Kirsh Klapman Lanford
Littlejohn Marchbanks Martin, L.
Martin, M. Mattos McAbee
McCraw McElveen McGinnis
McKay McLeod McTeer
Meacham Neilson Phillips
Quinn Rama Rhoad
Riser Rogers Ross
Rudnick Scott Sharpe
Sheheen Shirley Shissias
Smith Snow Stoddard
Stone Sturkie Taylor
Tucker Vaughn Waites
Waldrop Wells Whipper
White Wilder Wilkes
Wilkins Williams, D. Wofford
Wright Young, A. Young, R.

The following named Representatives voted for Mr. Whitney:
Bailey, G.

Total Number of Senators voting 43
Total Number of Representatives voting 103
Grand Total 146
Necessary to a choice 74
Of which Mr. Cureton received 143
Of which Mr. Whitney received 3

Whereupon, the PRESIDENT announced that the Honorable Robert H. Cureton was elected to the position of Judge, Family Court, Tenth Judicial Circuit, Seat #2 for the term prescribed by law.

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

Senator POPE, Chairman of the Judicial Screening Committee, indicated that C. David Sawyer, Jr. had been screened and found qualified to serve.

Rep. Gentry nominated Mr. Sawyer.

Senator SETZLER and Reps. McAbee and Rep. Klapman, on behalf of the Lexington County Delegation, seconded the nomination of Mr. Sawyer.

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

Whereupon, the PRESIDENT announced that the Honorable C. David Sawyer, Jr. was elected to the position of Judge, Family Court, Eleventh Judicial Circuit, Seat #2, for the term prescribed by law.

The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Family Court, Twelfth Judicial Circuit, Seat #1.

Senator POPE, Chairman of the Judicial Screening Committee, indicated that Mary E. Buchan had been screened and found qualified to serve.

Senators McGILL, LEATHERMAN and GILBERT and Reps. Elliott and McKay seconded the nomination of Ms. Buchan.

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

Whereupon, the PRESIDENT announced that the Honorable Mary C. Buchan was elected to the position of Judge, Family Court, Twelfth Judicial Circuit, Seat #1, for the term prescribed by law.

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

Senator POPE, Chairman of the Judicial Screening Committee, indicated that Lee S. Alford had been screened and found qualified to serve.

Senator ROBERT W. HAYES, JR., McGILL, PEELER and HINSON and Reps. Farr, Hyatt, Meacham, Kirsh, Foster, McCraw, McGinnis, Wofford, Phillips, Delleney and Mattos seconded the nomination of Mr. Alford.

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

Whereupon, the PRESIDENT announced that the Honorable Lee S. Alford was elected to the position of Judge, Family Court, Sixteenth Judicial Circuit, Seat #2, for the term prescribed by law.

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

The Clerk of the Senate read the Concurrent Resolution:

H. 4830 -- Rep. Hallman: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 27, 1992, AS THE TIME FOR ELECTING A MEMBER OF THE BOARD OF VISITORS OF THE CITADEL TO FILL THE UNEXPIRED TERM OF THE LATE WILLIAM R. RISHER.

The PRESIDENT announced that nominations were in order to elect a successor to the position on the Board of Visitors for The Citadel.

Rep. Stoddard, Chairman of the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, indicated that James C. Blakely, Jr., David S. Boyd, Charles E. Millwood, Jr., and Stephen D. Peper had been screened and found qualified to serve.

On motion of Rep. Stoddard, the names of Mr. Blakely and Mr. Millwood were withdrawn from consideration.

Rep. Hallman nominated Mr. Peper.

Senator WASHINGTON, on behalf of the Charleston, Berkeley and Dorchester Delegations, and Senators ROSE, PASSAILAIGUE, McCONNELL, MARTSCHINK, POPE, HINSON, HELMLY and FIELDING and Reps. G. Bailey, A. Young, Gonzales, McCraw, Rama, Holt, Fulmer, J. Bailey, Inabinett, Phillips, Farr, Barber, Whipper, D. Martin, Rhoad, Delleney, Harrelson, Keegan, McLeod, White, D. Williams, Wofford, H. Brown, K. Burch, Wilkes, Beatty and J. Williams seconded the nomination of Mr. Peper.

Rep. Clyborne nominated Mr. Boyd.

Senators MITCHELL, J. VERNE SMITH, O'DELL, STILWELL, WILLIAMS and WILSON and Reps. Mattos, Alexander, Vaughn, Cato, Jaskwhich, Haskins, Klapman, McGinnis, Wells, Klapman, Anderson, Hendricks, Marchbanks, Baker, Canty and Cromer seconded the nomination of Mr. Boyd.

The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.

The following named Senators voted for Mr. Boyd:
Bryan Carmichael Courtney
Land Leatherman Macaulay
Mitchell Moore O'Dell
Pope Setzler Smith, J.V.
Stilwell Thomas Williams
Wilson

The following named Senators voted for Mr. Peper:
Cork Courson Fielding
Giese Gilbert Hayes, R.W.
Helmly Hinds Hinson
Holland Leventis Lourie
Martin Martschink Matthews
McConnell McGill Mullinax
Passailaigue Patterson Peeler
Reese Rose Russell
Saleeby Shealy Smith, N.W.
Washington

On motion of Rep. Huff, with unanimous consent, the members of the House voted by electric roll call.

The following named Representatives voted for Mr. Boyd:
Alexander, M.O. Alexander, T.C. Anderson
Baker Brown, G. Bruce
Canty Cato Chamblee
Clyborne Cooper Corbett
Corning Council Cromer
Elliott, D. Fair Harvin
Harwell Haskins Hendricks
Hyatt Jaskwhich Kirsh
Klapman Koon Littlejohn
Marchbanks Martin, L. Martin, M.
Mattos McAbee McGinnis
Shirley Shissias Stoddard
Tucker Vaughn Wells
Wilkins

The following named Representatives voted for Mr. Peper:
Altman Bailey, G. Bailey, J.
Barber Baxley Beasley
Beatty Boan Brown, H.
Brown, J. Burch, K. Byrd
Carnell Cobb-Hunter Delleney
Elliott, L. Farr Felder
Foster Fulmer Gentry
Glover Gonzales Hallman
Harrelson Harris, J. Holt
Houck Huff Inabinett
Jennings Johnson, J.C. Keegan
Kempe Kennedy Keyserling
Lanford Martin, D. McCraw
McElveen McKay McLeod
McTeer Meacham Neilson
Phillips Quinn Rama
Rhoad Rogers Ross
Rudnick Scott Sharpe
Sheheen Smith Snow
Stone Sturkie Taylor
Waldrop Whipper White
Wilder Wilkes Williams, D.
Williams, J. Wofford Young, A.
Young, R.

Total Number of Senators voting 44
Total Number of Representatives voting 110
Grand Total 154
Necessary to a choice 78
Of which Mr. Boyd received 56
Of which Mr. Peper received 98

Whereupon, the PRESIDENT announced that the Honorable Stephen D. Peper was elected to the position on the Board of Visitors for The Citadel for the term prescribed by law.

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

The Reading Clerk of the Senate read the Concurrent Resolution:

S. 1562 -- Senator Macaulay: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 27, 1992, AS THE TIME FOR ELECTING PERSONS TO SERVE ON THE STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION FOR THE SECOND, FOURTH AND SIXTH CONGRESSIONAL DISTRICTS TO FILL THE CURRENT TERMS WHICH EXPIRE JUNE 30, 1992.

The PRESIDENT announced that nominations were in order to elect a successor to the Health and Human Services Finance Commission from the Second Congressional District.

Senator MACAULAY, Chairman of the Screening Committee to Review Candidates for the S.C. Health and Human Services Finance -Commission, indicated that Nettie Dickerson and Sherrill Hampton had been screened and found qualified to serve.

Senator WILSON nominated Ms. Nettie Dickerson.

Rep. Rama seconded the nomination of Ms. Nettie Dickerson.

Senator MATTHEWS nominated Ms. Hampton.

Senators FIELDING, PATTERSON, HELMLY, GILBERT and WASHINGTON and Reps. Felder, Bailey, Kennedy, White, Cobb-Hunter, D. Williams, Smith, Council, Scott, Cromer, Taylor, Byrd, Wilder, J. Brown, Rhoad, Martin, Inabinett, Glover, Holt, Anderson, Whipper, Phillips and Harvin seconded the nomination of Ms. Hampton.

The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.

The following named Senators voted for Ms. Dickerson:
Courson Giese Macaulay
Martschink Peeler Russell
Setzler Shealy Stilwell
Thomas Wilson

The following named Senators voted for Ms. Hampton:
Bryan Carmichael Cork
Courtney Fielding Gilbert
Helmly Hinson Holland
Leatherman Leventis Lourie
Martin Matthews McConnell
McGill Mitchell Moore
Mullinax O'Dell Passailaigue
Patterson Pope Reese
Rose Saleeby Smith, J.V.
Smith, N.W. Washington Williams

On motion of Rep. Huff, with unamimous consent, the members of the House voted by electric roll call.

The following named Representatives voted for Ms. Dickerson:
Baker Bruce Cato
Chamblee Clyborne Cooper
Corning Fair Haskins
Huff Jaskwhich Keegan
Klapman Koon Littlejohn
Marchbanks Martin, L. Quinn
Rama Riser Shissias
Sturkie Vaughn Wells
Wilkins Wright Young, A.

The following named Representatives voted for Ms. Hampton:
Alexander, M.O. Alexander, T.C. Altman
Anderson Bailey, G. Bailey, J.
Barber Baxley Beatty
Boan Brown, G. Brown, H.
Brown, J. Burch, K. Byrd
Canty Carnell Cobb-Hunter
Council Cromer Delleney
Elliott, D. Elliott, L. Farr
Felder Foster Fulmer
Gentry Glover Gonzales
Hallman Harrelson Harris, J.
Harvin Harwell Holt
Hyatt Inabinett Jennings
Johnson, J.C. Kempe Kennedy
Keyserling Kinon Kirsh
Lanford Martin, D. Mattos
McAbee McCraw McElveen
McGinnis McKay McLeod
McTeer Meacham Neilson
Phillips Rhoad Rogers
Rudnick Scott Sheheen
Shirley Smith Snow
Stoddard Stone Taylor
Tucker Whipper White
Wilder Wilkes Williams, D.
Williams, J.

Total--76

Total Number of Senators voting 41
Total Number of Representatives voting 103
Grand Total 144
Necessary to a choice 73
Of which Ms. Dickerson received 38
Of which Ms. Hampton received 106

Whereupon, the PRESIDENT announced that the Honorable Sherrill Hampton was elected to the Health and Human Services Finance Commission from the Second Congressional District for the term prescribed by law.

The PRESIDENT announced that nominations were in order to elect a successor to the Health and Human Services Finance Commission from the Fourth Congressional District.

Senator MACAULAY, Chairman of the Screening Committee to Review Candidates for the S.C. Health and Human Services Finance Commission, indicated that Frederick Furman Carpenter had been screened and found qualified to serve.

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

Whereupon, the PRESIDENT announced that the Honorable Frederick Furman Carpenter was elected to the Health and Human Services Finance Commission from the Fourth Congressional District for the term prescribed by law.

The PRESIDENT announced that nominations were in order to elect a successor to the Health and Human Services Finance Commission from the Sixth Congressional District.

Senator MACAULAY, Chairman of the Screening Committee to Review Candidates for the S.C. Health and Human Services Finance Commission, indicated that Ralph W. Garrison, Sr. had been screened and found qualified to serve.

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

Whereupon, the PRESIDENT announced that the Honorable Ralph W. Garrison, Sr. was elected to the Health and Human Services Finance Commission from the Sixth Congressional District for the term prescribed by law.

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

The Reading Clerk of the Senate read the Concurrent Resolution:

S. 1569 -- Senator Saleeby: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 27, 1992, AS THE TIME FOR ELECTING PERSONS TO SERVE ON THE STATE COMMISSION ON CONSUMER AFFAIRS FOR STATEWIDE VACANCIES, TO FILL THE TERMS WHICH WILL EXPIRE AS PROVIDED BY LAW.

The PRESIDENT announced that nominations were in order to elect a successor to the Consumer Affairs Commission, Seat #1.

Senator SALEEBY, Chairman of the Screening Committee to Review Candidates for the Consumer Affairs Commission, indicated that Robert J. Leapord had been screened and found qualified to serve.

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

Whereupon, the PRESIDENT announced that the Honorable Robert J. Leapord was elected to the Consumer Affairs Commission, Seat #1, for the term prescribed by law.

The PRESIDENT announced that nominations were in order to elect a successor to the Consumer Affairs Commission, Seat #3.

Senator SALEEBY, Chairman of the Screening Committee to Review Candidates for the Consumer Affairs Commission, indicated that Edna Page Anderson, Lillian C. Bloom and Joseph S. Lyles had been screened and found qualified to serve.

The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.

The following named Senators voted for Ms. Anderson:
Carmichael Courson Leventis
Patterson

The following named Senators voted for Ms. Bloom:
Bryan Cork Courtney
Fielding Gilbert Helmly
Hinson Lourie Macaulay
Martschink Matthews McConnell
McGill Mitchell Moore
Mullinax Passailaigue Peeler
Pope Reese Shealy
Smith, J.V. Stilwell Washington
Wilson

The following named Senators voted for Mr. Lyles:
Hayes, R.W. Martin Russell
Saleeby Thomas

On motion of Rep. Huff, with unanimous consent, the members of the House voted by electric roll call.

The following named Representatives voted for Ms. Anderson:
Brown, H. Canty Council
Cromer Delleney Kinon
McGinnis Quinn Shissias
Waites Wofford

The following named Representatives voted for Ms. Bloom:
Alexander, M.O. Alexander, T.C. Altman
Anderson Bailey, G. Bailey, J.
Baker Barber Baxley
Bruce Burch, K. Byrd
Carnell Cato Chamblee
Clyborne Cobb-Hunter Cooper
Elliott, D. Elliott, L. Felder
Gentry Glover Gonzales
Hallman Harrelson Harris, J.
Harvin Harwell Haskins
Hendricks Holt Huff
Hyatt Inabinett Jaskwhich
Jennings Keegan Kennedy
Keyserling Kirsh Lanford
Littlejohn Marchbanks Martin, D.
Martin, L. Martin, M. Mattos
McAbee McCraw McElveen
McLeod McTeer Neilson
Rama Rhoad Rogers
Rudnick Scott Sharpe
Sheheen Shirley Smith
Stoddard Stone Tucker
Vaughn Wells Whipper
Wilder Wilkins Williams, D.
Williams, J. Young, A.

The following named Representatives voted for Mr. Lyles:
Beasley Beatty Fair
Farr Fulmer Houck
Johnson, J.C. Kempe Klapman
Phillips Riser Ross
Sturkie Wilkes Young, R.

Total Number of Senators voting 34
Total Number of Representatives voting 100
Grand Total 134
Necessary to a choice 68
Of which Ms. Anderson received 15
Of which Ms. Bloom received 99
Of which Mr. Lyles received 20

Whereupon, the PRESIDENT announced that the Honorable Lillian C. Bloom was elected to the Consumer Affairs Commission, Seat #3, for the term prescribed by law.

The PRESIDENT announced that nominations were in order to elect a successor to the Consumer Affairs Commission, Seat #4.

Senator SALEEBY, Chairman of the Screening Committee to Review Candidates for the Consumer Affairs Commission, indicated that Marilyn Harris, Barbara B. League, and Richard C. Moore had been screened and found qualified to serve.

On motion of Senator SALEEBY, the name of Mr. Moore was withdrawn from consideration.

The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.

The following named Senators voted for Ms. Harris:
Carmichael Lourie Saleeby

The following named Senators voted for Ms. League:
Bryan Cork Courson
Courtney Fielding Gilbert
Hayes, R.W. Macaulay Matthews
McConnell McGill Mitchell
Moore O'Dell Peeler
Pope Reese Russell
Smith, J.V. Stilwell Thomas
Washington Wilson

On motion of Rep. Huff, with unanimous consent, the members of the House voted by electric roll call.

The following named Representatives voted for Ms. Harris:
Alexander, M.O. Bailey, J. Barber
Farr Holt Keyserling
Mattos

The following named Representatives voted for Ms. League:
Alexander, T.C. Altman Anderson
Bailey, G. Baker Baxley
Beatty Bruce Burch, K.
Byrd Carnell Cato
Clyborne Cooper Corbett
Council Cromer Delleney
Elliott, D. Elliott, L. Fair
Felder Gentry Hallman
Harrelson Harris, J. Harvin
Haskins Hendricks Houck
Hyatt Inabinett Jaskwhich
Jennings Johnson, J.C. Keegan
Kempe Kennedy Kinon
Kirsh Klapman Koon
Lanford Littlejohn Martin, L.
Martin, M. McAbee McCraw
McElveen McGinnis McLeod
Neilson Phillips Quinn
Riser Ross Rudnick
Sharpe Sheheen Shirley
Shissias Smith Stoddard
Stone Sturkie Tucker
Vaughn Wells Whipper
Wilder Wilkes Wilkins
Williams, J. Wright Young, A.

Total Number of Senators voting 26
Total Number of Representatives voting 82
Grand Total 108
Necessary to a choice 55
Of which Ms. Harris received 10
Of which Ms. League received 98

Whereupon, the PRESIDENT announced that the Honorable Barbara B. League was elected to the Consumer Affairs Commission, Seat #4, for the term prescribed by law.

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

At 2:03 P.M., the Senate reconvened.

H. 3409 -- Reps. Gregory, Kirsh, Wilkins, Short, Nettles and J. Brown: A BILL TO AMEND SECTION 12-27-1270, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ECONOMIC DEVELOPMENT ACCOUNT, SO AS TO PROVIDE FOR THE ACCOUNT TO BE REPLENISHED BASED ON FUNDS OBLIGATED OR COMMITTED BY THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT IN THE PREVIOUS YEAR, DELETE THE LIMITATION ON THE AMOUNT OF THE ACCOUNT, AND DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 13-3-20, RELATING TO THE OBJECTIVES OF THE STATE DEVELOPMENT BOARD, SO AS TO DELETE THE REFERENCE TO A STATEWIDE PLANNING PROGRAM; TO AMEND SECTION 13-3-90, RELATING TO THE DUTIES AND POWERS OF THE STATE DEVELOPMENT BOARD, SO AS TO DELETE THE PROVISION FOR A MASTER PLAN FOR AGENCIES TO CONSIDER CERTAIN STATE NEEDS AND DELETE THE REFERENCE TO A STATE PLANNING PROGRAM; TO AMEND SECTION 41-45-20, RELATING TO MEETINGS AND DUTIES OF THE COUNCIL, SO AS TO PROVIDE FOR AND DEFINE A STRATEGIC PLAN FOR ECONOMIC DEVELOPMENT AND REVISE DUTIES PERTAINING TO THE PLAN AND COORDINATION OF ACTIVITIES; TO AMEND SECTION 41-45-30, RELATING TO REPORTS BY THE COUNCIL, SO AS TO INCLUDE REPORTS TO THE CHAIRMEN OF THE SENATE FINANCE AND HOUSE WAYS AND MEANS COMMITTEES AND REQUIRE REPORTS ON THE ACCOUNT; TO AMEND SECTION 41-45-40, RELATING TO COUNCIL RECOMMENDATIONS, SO AS TO INCLUDE THE OBJECTIVES OF THE STRATEGIC PLAN, DELETE THE PROVISION FOR REFERRALS BY THE GENERAL ASSEMBLY AND STATE AGENCIES, AND REVISE THE RECOMMENDATIONS CONCERNING AGENCY REQUESTS FOR ECONOMIC DEVELOPMENT APPROPRIATIONS; TO AMEND SECTION 41-45-50, RELATING TO COUNCIL FUNDS, COMMITTEES, AND DATA, SO AS TO REVISE THE DUTIES OF THE COMMITTEES; AND TO REAUTHORIZE THE EXISTENCE OF THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT FOR SIX YEARS.

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

Senators McCONNELL, PASSAILAIGUE, MARTSCHINK, HELMLY, WASHINGTON and ROSE proposed an amendment.

Senator McCONNELL explained the amendment.

Senator MACAULAY asked unanimous consent, with Senator McCONNELL retaining the floor, to make a motion that the Senate stand in recess until 2:30 P.M.

Senator SETZLER objected.

Senator McCONNELL continued speaking on the amendment.

Senator POPE objected to further consideration of the Bill.

Senator MOORE raised a Point of Order that the objection was out of order inasmuch as it came too late.

Senator LOURIE spoke on the Point of Order.

The PRESIDENT sustained the Point of Order.

Senator McCONNELL continued explaining the amendment.

At 2:25 P.M., Senator MOORE asked unanimous consent, with Senator McCONNELL retaining the floor, to make a motion that the Senate stand in recess until 3:30 P.M.

Senator LOURIE objected.

Senator McCONNELL continued explaining the amendment.

Senator BRYAN asked unanimous consent, with Senator McCONNELL retaining the floor, to make a motion that the Senate recur to the Morning Hour and then proceed to a call of the uncontested local and statewide Calendar, and upon completion of the Calendar, the Senate would return to a consideration of H. 3409.

Senator LEATHERMAN objected.

Senator McCONNELL continued explaining the amendment.

Senator BRYAN asked unanimous consent, with Senator McCONNELL retaining the floor, to make a motion that the Senate recur to the Morning Hour and then proceed to a call of the uncontested local and statewide Calendar, and that if any matters became contested, then the matter would be carried over, and upon completion of the Calendar, the Senate would return to a consideration of H. 3409.

Senator McCONNELL objected.

On motion of Senator MOORE, consideration was interrupted by recess with Senator McCONNELL retaining the floor.

At 2:29 P.M., on motion of Senator MOORE, with Senator McCONNELL retaining the floor, the Senate receded from business until 3:30 P.M.

The Senate reassembled at 3:47 P.M. and was called to order by the PRESIDENT.

At 3:52 P.M., Senator STILWELL made the point that a quorum was not present. It was ascertained that a quorum was present. The Senate resumed.

On motion of Senator BRYAN, with unanimous consent, the members of the Committee of Conference on H. 3044, the General Appropriation Bill, Senators DRUMMOND, SETZLER and J. VERNE SMITH, would be counted in any quorum calls and be notified of any roll call votes.

H. 3409 -- Reps. Gregory, Kirsh, Wilkins, Short, Nettles and J. Brown: A BILL TO AMEND SECTION 12-27-1270, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ECONOMIC DEVELOPMENT ACCOUNT, SO AS TO PROVIDE FOR THE ACCOUNT TO BE REPLENISHED BASED ON FUNDS OBLIGATED OR COMMITTED BY THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT IN THE PREVIOUS YEAR, DELETE THE LIMITATION ON THE AMOUNT OF THE ACCOUNT, AND DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 13-3-20, RELATING TO THE OBJECTIVES OF THE STATE DEVELOPMENT BOARD, SO AS TO DELETE THE REFERENCE TO A STATEWIDE PLANNING PROGRAM; TO AMEND SECTION 13-3-90, RELATING TO THE DUTIES AND POWERS OF THE STATE DEVELOPMENT BOARD, SO AS TO DELETE THE PROVISION FOR A MASTER PLAN FOR AGENCIES TO CONSIDER CERTAIN STATE NEEDS AND DELETE THE REFERENCE TO A STATE PLANNING PROGRAM; TO AMEND SECTION 41-45-20, RELATING TO MEETINGS AND DUTIES OF THE COUNCIL, SO AS TO PROVIDE FOR AND DEFINE A STRATEGIC PLAN FOR ECONOMIC DEVELOPMENT AND REVISE DUTIES PERTAINING TO THE PLAN AND COORDINATION OF ACTIVITIES; TO AMEND SECTION 41-45-30, RELATING TO REPORTS BY THE COUNCIL, SO AS TO INCLUDE REPORTS TO THE CHAIRMEN OF THE SENATE FINANCE AND HOUSE WAYS AND MEANS COMMITTEES AND REQUIRE REPORTS ON THE ACCOUNT; TO AMEND SECTION 41-45-40, RELATING TO COUNCIL RECOMMENDATIONS, SO AS TO INCLUDE THE OBJECTIVES OF THE STRATEGIC PLAN, DELETE THE PROVISION FOR REFERRALS BY THE GENERAL ASSEMBLY AND STATE AGENCIES, AND REVISE THE RECOMMENDATIONS CONCERNING AGENCY REQUESTS FOR ECONOMIC DEVELOPMENT APPROPRIATIONS; TO AMEND SECTION 41-45-50, RELATING TO COUNCIL FUNDS, COMMITTEES, AND DATA, SO AS TO REVISE THE DUTIES OF THE COMMITTEES; AND TO REAUTHORIZE THE EXISTENCE OF THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT FOR SIX YEARS.

The Senate resumed consideration of the Bill. The question being the adoption of the amendment proposed by Senators McCONNELL, PASSAILAIGUE, MARTSCHINK, HELMLY, WASHINGTON and ROSE.

Senator McCONNELL spoke on the amendment.

On motion of Senator BRYAN, with unanimous consent, Senator McCONNELL retaining the floor, the Senate agreed to a call of the uncontested local and statewide Calendar, and that any matter that became contested would be carried over, and, that upon completion of the Calendar, the Senate would resume consideration of H. 3409.

On motion of Senator BRYAN, consideration was interrupted.

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

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

H. 4324 -- Rep. Altman: A BILL TO AMEND SECTION 56-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL RESTRICTED LICENSES FOR CERTAIN MINORS, SO AS TO CHANGE THE TIME PERIOD FOR OPERATION OF MOTOR VEHICLES.

Senator LOURIE explained the Bill.

H. 3829 -- Reps. Boan, P. Harris, Harwell, Keegan, Nettles, Scott, Tucker, Wilkins, Kinon, L. Elliott and Houck: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 5 IN TITLE 48, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION, BY ENACTING THE SOUTH CAROLINA WATER QUALITY REVOLVING FUND AUTHORITY ACT SO AS TO CREATE THE SOUTH CAROLINA WATER QUALITY REVOLVING FUND AUTHORITY; TO PROVIDE FOR THE POWERS OF THE AUTHORITY; TO AUTHORIZE THE ESTABLISHMENT BY THE AUTHORITY OF A REVOLVING FUND FOR THE PURPOSE OF MAKING LOANS TO PROJECT SPONSORS FOR THE FINANCING OF WASTEWATER TREATMENT FACILITIES AND OTHER CLEAN WATER PROJECTS; TO AUTHORIZE THE AUTHORITY TO ISSUE BONDS FOR THE PURPOSE OF PROVIDING FUNDS FOR DEPOSIT TO THE REVOLVING FUND; TO PROVIDE FOR THE METHOD OF ISSUANCE AND SECURING OF THE BONDS AND THE PAYMENT; TO AUTHORIZE THE DEPOSIT IN THE REVOLVING FUND OF FEDERAL GRANTS, STATE APPROPRIATIONS, LOAN REPAYMENTS, AND OTHER AMOUNTS AVAILABLE TO THE AUTHORITY; TO AUTHORIZE THE MAKING OF LOANS BY THE AUTHORITY TO PROJECT SPONSORS AND THE BORROWING BY PROJECT SPONSORS FROM THE AUTHORITY; AND TO REPEAL CHAPTER 6 OF TITLE 48, RELATING TO THE WATER POLLUTION REVOLVING FUND.

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

There was no objection.

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

Senator MOORE asked unanimous consent to withdraw his amendment to the Bill.

There was no objection.

Senator SALEEBY asked unanimous consent to withdraw his amendment to the Bill.

There was no objection and the amendments were withdrawn.

The Bill was read the third time, passed and ordered returned to the Legislative Council.

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

H. 3292 -- Reps. J. Bailey, Haskins and Wilder: A BILL TO AMEND SECTION 7-15-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO ADD PERSONS SEVENTY-TWO YEARS OF AGE OR OLDER.

S. 1465 -- Senator Rose: A BILL TO AMEND SECTION 20-7-1330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITIONAL POWERS OF THE FAMILY COURT AND PROCEDURES USED IN ADJUDICATING CASES, SO AS TO PERMIT THE COURT TO IMPOSE BOTH MONETARY RESTITUTION AND COMMUNITY SERVICE RESTITUTION AS CONDITIONS OF PROBATION, TO REQUIRE JUVENILES PERFORMING COMMUNITY SERVICE RESTITUTION TO PAY A SUPERVISION FEE, TO REQUIRE JUVENILES PAYING MONETARY RESTITUTION TO PAY A SURCHARGE ON THE AMOUNT, AND TO ALLOW THE DEPARTMENT OF YOUTH SERVICES TO RETAIN AND CARRY FORWARD THESE FEES FOR THE PURPOSE OF ADMINISTERING THESE PROGRAMS.

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

There was no objection.

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

Senator ROSE proposed the following amendment (RES1465.03), which was adopted:

Amend the bill, as and if amended, page 3, line 4, by inserting after the word /program./ the following:

/Due to indigency, the supervision fee and monetary restitution surcharge may be waived by the court if imposed as a condition of probation or by the solicitor if imposed as a condition for participation in a pretrial diversionary program./

Amend title to conform.

Senator BRYAN explained the amendment.

There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives with amendments.

H. 3606 -- Reps. Waites, Kinon, Rogers, Corning, Quinn, Keyserling, Rama, Cork, Rudnick, Glover, McGinnis, Kempe, Burriss, Huff, Beasley and Cromer: A BILL TO AMEND SECTIONS 14-7-190 AND 14-7-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRAWING OF PETIT JURORS TO SERVE AS JURY POOL, SO AS TO PROVIDE THAT JURORS BE DRAWN NOT LESS THAN FIFTEEN DAYS INSTEAD OF TEN DAYS BEFORE THE TERM OF COURT; TO AMEND SECTION 14-7-250, RELATING TO THE DISPOSITION OF NAMES OF THOSE DRAWN AND WHO SERVE ON JURIES, SO AS TO PROVIDE THAT A JUROR MAY ONLY SERVE ONCE WITHIN FIVE YEARS; TO AMEND SECTION 14-7-1550, RELATING TO THE DRAWING OF GRAND JURY VENIRE, SO AS TO INCREASE THE NUMBER DRAWN FROM THIRTY TO FIFTY; AND TO REPEAL SECTION 14-7-400 RELATING TO THE DATE BY WHICH THE SHERIFF MUST SUMMON JURORS.

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

There was no objection.

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

The Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.

H. 4127 -- Rep. Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 15-51-41 AND 15-51-42 SO AS TO ESTABLISH CERTAIN PROCEDURES FOR OBTAINING COURT APPROVAL OF ANY SETTLEMENT OF WRONGFUL DEATH OR SURVIVAL ACTIONS; AND TO AMEND SECTION 62-1-302, AS AMENDED, RELATING TO THE JURISDICTION OF THE SOUTH CAROLINA PROBATE COURT, SO AS TO PROVIDE THAT THE PROBATE COURT HAS CONCURRENT JURISDICTION WITH THE CIRCUIT COURT TO APPROVE SETTLEMENTS OF WRONGFUL DEATH OR SURVIVAL ACTIONS AS PROVIDED IN SECTIONS 15-51-41 AND 15-51-42; AND TO AMEND SECTION 62-1-403, RELATING TO PROCEEDINGS, PLEADINGS, AND NOTICE IN THE PROBATE COURT, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO WRONGFUL DEATH OR SURVIVAL ACTIONS.

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

Senator BRYAN proposed the following amendment (JUD4127.004), which was adopted:

Amend the committee report, as and if amended, by adding an appropriately numbered section to read:

/SECTION . Section 8-21-770 of the 1976 Code is amended to read:

"Section 8-21-770. Fees and costs are payable at the date of appointment of the fiduciaries upon the filing of an application or petition for appointment or probate, or both. Payment may, in the discretion of the Probate Judge probate judge, be deferred for a period no greater than the statutory time for filing a Warrant of Appraisement the Inventory and Appraisement Form 350PC.

(a) Fees and costs are determined as follows:

(1) To determine the property evaluation valuation for estate administration, the totals of items (2) and (3) of the Warrant of Appraisement shall A, B, C, D-1, and F of the Inventory and Appraisement Form must be used.

(2) To determine the property evaluation valuation for Committee conservatorships, the total amount to be received by the conservator at the time of appointment, as shown on the Petition petition, to be received by the Committee at the time of appointment shall must be used. Thereafter, when the inventory is filed, adjustment of prior charges must be made.

(3) To determine the property evaluation for the Petition for Guardianship, the total amount shown on the Petition to be received by the Guardian at the time of appointment shall be used.

Tentative fees and costs in intestate estate administration are determined by totalling items (2) and (3) of the Petition for Letters of Administration and intestate administration by totalling items (4) and (5) of the Petition to Prove Will. Any adjustment of fees and costs collected at the opening of the estate shall must be effected before or at the time of final settlement.

The Costs costs of notices to creditors or other legal advertisement shall be are in addition to prescribed court costs and are due and payable prior to running publication of any advertisement.

(b) Except as otherwise provided, the following fees and costs shall must be collected by the Probate Courts probate courts and deposited in the general fund of the counties:

(1) In the administration of decedent estates, guardianships, and committeeships and conservatorships, costs shall must be computed as follows:

(i) Property valuation less than $5,000 $20.00 25.00

(ii) Property valuation of $5,000 but

less than $20,000 $40.00 50.00
(iii) Property valuation of $20,000 but

less than $60,000 $60.00 75.00
(iv) Property valuation of $60,000 but

less than $100,000 $90.00 100.00

(v) Property valuation of $100,000 or higher $90.00 100.00

plus 1/10 1/5 of one percent of the property evaluation valuation above $100,000.00;
provided, that the fees as set out above shall include appointment of administrators, including administrators d. b. n., administrators d. b. n. c. t. a., ancillary administrators and temporary administrators informal probate and informal appointment of personal representatives; such fee shall include includes as necessary the cost of receiving and filing petition application for probate/appointment,issuing citation, filing bond, determining qualification, issuing letters, providing original certificate of administration and copies thereof as required during administration, issuing warrant of appraisement and furnishing, filing Inventory and Appraisement, and sending copies to the Tax Commission or other authority as required by law, receiving and filing accounts and other papers, and final discharge of administrator; the first or final accounting and proposals for distribution, and final discharge of the personal representative. provided, further, that proving a will in common form shall include receiving and filing petition, proof and filing of will, order admitting will to probate, qualification of executors or other fiduciaries, filing bond, issuing letters providing original certificate of appointment, and copies thereof as required during administration, providing certified copy of will to executors or other fiduciaries, issuing warrant of appraisement and furnishing copies to the Tax Commission or other authority as required by law, receiving and filing accounts and other papers, and final discharge of executor;
(2) Proof of Will in Solemn Form, the same fee as would be determined for proof of will in common form, which fee shall include all pertinent items provided for in item (1) of this subsection as set out above; and the further sum of fifteen dollars for the hearing and proceedings on proof; including issuance of the order or decree of adjudication thereof;

(2) Formal petition for probate/appointment requires the same fee as would be determined for informal application for probate/appointment as set forth in subitem (b). This includes all pertinent items as set forth in subitem (b)(1), including issuance of the order or decree of adjudication thereof. If, however, the fee for probate/appointment has been paid in an estate, as provided in subitem (b)(1), the fee charged for formal petitions filed thereafter must be the same as the fee charged for filing civil matters.

(3) Sale in aid of deficient assets $15.00 $55.00
or other sale of real estate pursuant to Section 62-3-1301, et seq.: petition to approve minor settlements or wrongful death or survival actions; filing action concerning trusts, inter vivos or testamentary; filing petition for guardianship, including filing annual reports and the final termination; filing, indexing, or recording any petition or formal proceeding or any item not otherwise set forth herein filed by anyone other than the personal representative;

(4) Dedimus Potestatem, processing $ 7.50

(5) Proceedings pursuant to Section 15-71-1010,

1976 Code of Laws of South Carolina $ 5.00

(6) Marriage record, reformation of or correction in $ 3.50

(7) Certified Copies, First page $ 2.00

Each additional page $ .50

(8) Exemplified copies $ 5.00

Each page $ .25

(9) Annual Returns (other than first and final) each page $ .50

(10) Recording authenticated estate record $15.00

(11) Amendments to recorded documents,

First page $ 2.00

Each additional page $ 1.00

(12) Certificates of appointments, in excess of three, each $ .50

(13) Substitution of fiduciary or to re-open or

issue certificates in discharged estate $15.00

(14) Appointment of any temporary fiduciary $20.00

(15) Filing and indexing Will without proceedings; or

for recording a will and certificate of probate

when will is probated in another state or county $ 3.00

(16) Approval of demands under Section 21-15-720,

1976 Code of Laws of South Carolina $10.00

(17) Filing and indexing and/or recording any item

not otherwise herein set forth, per page $ .50

(18) Recording certified estate records $10.00

(19) Certifying appeal record $ 5.00

(20) Proceedings upon writ to admeasure dower

and set off homestead $10.00
(21) For examining or taking the testimony of a witness de bene esse or for discovery, $10.00 per witness, plus the actual cost of reducing the testimony to writing and preparing transcript thereof for filing, including the fees of stenographer or court reporter;

(22) For holding reference as master or special

referee, per day $25.00
(23) For receiving and paying over money officially, as statutory administrator, 3% if the total is under $500.00, 2% for $500.00 to $1000.00, 1% for the balance of over $1000.00.

(4) Facsimiling documents, first page $3.00

Each additional page $1.00

(5) Certified copies, first page $5.00

Each additional page $1.00

(6) Exemplified copies, first page $20.00

Each additional page $1.00

(7) Marriage record, reformation of or correction in,
issuing a copy of or certified marriage license
and certificate $5.00

(8) Marriage license application fee $12.00

(9) Filing demands for notice $5.00

(10) Accountings (other than first or final)

Each page $2.00

(11) Recording authenticated or certified estate record $25.00

(12) Filing supplemental documents,

First page $5.00

Each additional page $1.00

(13) Certificates of appointment, in excess of three, each $1.00

(14) Substitution of fiduciary or to reopen closed estates $25.00

(15) Appointment of any special or temporary fiduciary $25.00

(16) Filing and indexing will filed only under
Section 62-2-901 $5.00

(17) Certifying appeal record $15.00

(18) For each day or portion of a day of hearing
or proceeding after the first day $25.00

(19) Will probated only $25.00

(20) Probate judge acting as public administrator
in estates less than five hundred dollars under
Section 62-3-1202A, and affidavits for

collection of personal property $15.00
(Probate judge acting as public administrator in estates five hundred dollars and over . . . fees are assessed as in (b)(1)(i) and (ii) above)."

(21) Filing affidavit for collection of personal
property under Section 62-3-1201 $15.00

(c) The fees and costs received under this section by probate judges must be accounted for and paid into the general fund of the county as provided by the governing body of the county."/

Renumber sections to conform.

Amend title to conform.

Senator BRYAN explained the amendment.

The amendment proposed by the Committee on Judiciary (JUD4127.001) was adopted as follows:

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

/SECTION 1. The 1976 Code is amended by adding:

"Section 15-51-41. Any settlement of a wrongful death or survival action must be approved by either a probate court, circuit court, or United States District Court, as provided in Section 15-51-42.

Section 15-51-42. (A) Only a duly appointed personal representative, as defined in Section 62-1-201(30), shall have the authority to settle wrongful death or survival actions.

(B) If no action is pending, the personal representative shall petition either the probate or the circuit court of this State seeking approval of a proposed settlement. The petition must be verified by the personal representative and shall set forth, in terms satisfactory to the court in which the petition is filed, the basic facts surrounding the death of the decedent, the pertinent facts surrounding the liability of the alleged wrongdoer, the amount of insurance available to pay for damages, the terms of the proposed settlement, the statutory beneficiaries of the wrongful death or survival action, the heirs at law or appropriate devisees of the estate, the appropriate creditors, the amount of their claims, and, if the personal representative has retained legal counsel, the terms and provisions of the agreement with respect to attorney's fees and costs.

It is not necessary that a personal representative be represented by legal counsel for the court to consider the petition and approve the settlement. If the personal representative is represented by legal counsel, the counsel shall sign a certificate attesting to the fact that he is of the opinion that the settlement is fair and reasonable and in the best interests of the statutory beneficiaries and, in a survival action, the estate of the decedent.

The court shall schedule a hearing and receive into evidence those facts that the court considers necessary and proper to evaluate the settlement. After conducting this inquiry, the court shall issue its order either approving or disapproving the proposed settlement. If the settlement is approved by the court, the personal representative has the power to conclude the settlement, including the execution of those documents as the settlement terms contemplate.

(C) If a wrongful death or survival action has been filed in state court and:

(1) the settlement agreement between the parties is reached before the matters reach trial, the personal representative shall petition the court in which the wrongful death or survival action has been filed and follow the procedure for settlement as provided in (B) above;

(2) the settlement agreement is reached during the trial, or after trial but before notice of appeal is filed, of either the wrongful death or survival action, then no petition is necessary, and the court shall conduct a hearing, at which the parties may present to the court the pertinent facts and information, including that information required in subsection (B) above, which the court may require in order to consider whether to approve or disapprove the settlement. If the court finds the settlement is fair and reasonable and in the best interests of the statutory beneficiaries and, in a survival action, the estate of the decedent, then the court shall issue its order approving the settlement;

(3) the settlement agreement is reached after notice of appeal is filed, the personal representative shall petition the State Supreme Court to remand the case to the circuit court for consideration of the settlement agreement in accordance with the procedure outlined in (2) above.

(D) For any actions pending in the federal courts, the same procedure may be followed, but the federal court, at its discretion, may issue an order transferring the case to state court for consideration of the proposed settlement.

(E) Once a settlement agreement has been approved by an appropriate court, the person paying the settlement proceeds and all those on whose behalf the payment is made and any other persons who could be responsible because of the actions on whose behalf the settlement proceeds are being paid, are relieved and discharged from further liability and shall have no obligation or legal duty to see to the appropriate or proper distribution of the settlement proceeds among either the wrongful-death beneficiaries or those entitled to the proceeds of the settlement of the survival action. Once payment has been made to the personal representative, the obligations of the person making the payment and those on whose behalf the payment is being made, and all those who could be responsible for the actions of these persons, are fully and completely released and finally and forever discharged from any further responsibility in connection with the action or actions.

(F) Any person bringing a wrongful death or survival action in a court other than the probate court must notify the probate court of this action within ten days after the filing of the action. The provisions of this subsection apply to wrongful death or survival actions filed after the effective date of this section."

SECTION 2. Section 62-1-302(b) of the 1976 Code is amended to read:

"(b) The court's jurisdiction over matters involving wrongful death or actions under the survival statute is concurrent with that of the circuit court and shall extend only to the approval of settlements as provided by law in Sections 15-51-41 and 15-51-42."

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

Amend title to conform.

There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.

H. 4200 -- Rep. Altman: A BILL TO AMEND SECTION 56-1-745, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUSPENSION OF DRIVER'S LICENSE FOR CONVICTION OF A CONTROLLED SUBSTANCE VIOLATION, SO AS TO PROVIDE THAT IF CONVICTED OF AN OFFENSE MANDATING SUSPENSION OF LICENSE WHILE HOLDING A SPECIAL RESTRICTED DRIVER'S LICENSE THEN THE SPECIAL RESTRICTED LICENSE IS REVOKED AND THE REMAINING TIME FOR SUSPENSION UNDER THIS SECTION IS IMPOSED.

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

Senator POPE proposed the following amendment (JUD4200.004), which was adopted:

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

/SECTION 1. Section 56-1-280 of the 1976 Code is amended to read:

"Section 56-1-280. (A) The department shall forthwith revoke or suspend the license of any driver upon receiving a record of such the driver's conviction of any offense for which revocation or suspension is required by law.

(B) The department shall forthwith revoke the driver's license of any person upon receiving notice of the conviction of such the person for:

(1) manslaughter resulting from the operation of a motor vehicle; or

(2) Any a felony under the laws of this State in the commission of which a motor vehicle is used.

However, if another provision of law relating to these offenses requires suspension or cancellation of the driver's license, that other provision of law shall control. When a single accident results in two or more convictions requiring multiple periods of suspension, these periods of suspension shall run concurrently and not consecutively notwithstanding any other provision of this title or of law.

Three years after release from custody, a person may petition the court to reinstate his driving privileges. Upon consideration of factors indicating rehabilitation such as completion of an Alcohol and Drug Safety Action Program and participation in community service, the court may grant such reinstatement and order the department to issue a driver's license to the person upon that person's satisfactory completion of the requirements of Section 56-1-80 and Section 56-1-130.

(C) The department shall also revoke or suspend a driver's license for any other cause as may be required by other laws of this State."

SECTION 2. Section 56-1-745(C) of the 1976 Code is amended by adding:

"(5) If the holder of the special restricted driver's license issued pursuant to this section is convicted of a motor vehicle violation that mandates suspension of a driver's license, the special restricted driver's license is revoked and the remaining time for suspension for violation of the provisions of this section is imposed in addition to the suspension imposed for the subsequent offense."

SECTION 3. This act takes effect upon approval by the Governor except that the provisions of Section 1 shall apply to any person whose license has been suspended pursuant to Section 56-1-280(B)./

Amend title to conform.

Senator POPE explained the amendment.

There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.

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

S. 1402 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 23-45-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIABILITY INSURANCE FOR LICENSED FIRE PROTECTION SPRINKLER CONTRACTORS, SO AS TO DEFINE THE TERM "AUTHORIZED" AS IT RELATES TO THIS SECTION.

H. 4291 -- Reps. A. Young, Fulmer, H. Brown, Rama, G. Bailey, Hallman, R. Young, Wofford, Haskins, Wells, Gentry, Felder, Whipper, Gonzales, Vaughn, Meacham, Cooper, Baker, Fair, Cato, Waldrop and Kirsh: A BILL TO AMEND SECTION 61-3-490, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE OF INTENTION TO APPLY FOR AN ALCOHOLIC LIQUOR LICENSE, SECTION 61-5-50, RELATING TO THE GRANTING OF A LICENSE, AND SECTION 61-9-320, RELATING TO THE QUALIFICATIONS FOR A BEER OR WINE PERMIT, SO AS TO REVISE THE NOTICE REQUIREMENTS FOR LICENSES AND PERMITS TO MAKE THEM CONSISTENT AND PROVIDE FOR PUBLICATION OF NOTICE IN A LOCAL NEWSPAPER PUBLISHED IN THE AREA.

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

Senator MITCHELL proposed the following amendment (N05\8596.BD), which was adopted:

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

/SECTION __. Section 61-9-320(6) of the 1976 Code is amended to read:

"(6) The location of the proposed place of business of the applicant is in the opinion of the Alcoholic Beverage Control Commission a proper one; provided, that the Commission may consider, among other factors, as indications of unsuitable location, the proximity to. However, if the proposed place of business is within three hundred feet of residences, schools, playgrounds, and or churches, but this proviso shall the applicant shall establish by clear and convincing evidence that the location is proper. This item does not apply to locations licensed prior to before the effective date of this proviso item;"/

Renumber sections to conform.

Amend title to conform.

Senator MITCHELL explained the amendment.

Senator HINDS proposed the following amendment (CYY\19291.SD), which was adopted:

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

/SECTION ____. The 1976 Code is amended by adding:

"Section 61-9-825. (A) In the interest of the public welfare and the systematic collection of the state taxes on beer, a beer wholesaler must file with the Alcoholic Beverage Control Commission the wholesale price of each beer brand, package, and container offered for sale to retailers in the State on the effective date of this section. A new package or container may not be distributed or sold in the State without prior approval of the commission.

(B) Except as provided in subsection (C), it is unlawful:

(1) for a wholesaler to reduce the price of beer on individual or quantity sales by brand, package, or container even if such reduction is made available to all retailers,

(2) for a retailer to knowingly purchase beer below the price on file with the commission, and

(3) for any person licensed to sell beer in the State to participate in a price-cutting scheme or promotion not authorized by law.

(C) Upon a showing of good cause by a wholesaler, the commission may approve a permanent wholesale price reduction. In finding good cause the commission must consider only commercial business reasons for reducing a price, the reasonableness of the price on file and any extraordinary circumstances justifying a reduction so that price is not an inducement to purchase beer and the collection of projected state taxes is not interfered with. The Tax Commission must also be notified of a request to reduce a price. Upon approval a price reduction must remain in effect for three hundred sixty days or it shall be considered a price-cutting scheme in violation of subsection (B)(3). However, a subsequent tax increase may be added to an approved price reduction within seven days of the effective date of the tax upon written notice from the wholesaler to the commission.

(D) A wholesaler may increase a price on a brand, package, or container on file with the commission, or file a price on a new brand. However, each price increase or new brand price must be filed with the commission seven days in advance of the effective date of the price and must not be reduced for three hundred sixty days except as provided in subsection (C). There is no limit on the number of price increases by a wholesaler.

(E) No person in the beer business on one tier as provided in Section 61-9-315(E) shall distribute or sell beer in the State, directly or indirectly, so as to fix or maintain the resale price for a person on another tier. Beer brand, package and container prices from one tier to another must be uniform F.O.B. place of shipment or destination.

(F) Any person who violates any provision of this section is guilty of a misdemeanor and, upon conviction, must be punished as provided in Section 61-9-830. In addition to any criminal penalty, the commission may suspend or revoke the permit or permits of any person violating any provision of this section.

(G) The initial price list of each beer wholesaler must be filed within thirty days after the effective date of this section or after acquiring a new business."/

Renumber sections to conform.

Amend title to conform.

Senator HINDS explained the amendment.

On motion of Senator ROBERT W. HAYES, JR., the Bill was carried over.

I did not take part in deliberations or votes on this Bill because of a conflict of interest.

H. 4291 -- Reps. A. Young, Fulmer, H. Brown, Rama, G. Bailey, Hallman, R. Young, Wofford, Haskins, Wells, Gentry, Felder, Whipper, Gonzales, Vaughn, Meacham, Cooper, Baker, Fair, Cato, Waldrop and Kirsh: A BILL TO AMEND SECTION 61-3-490, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE OF INTENTION TO APPLY FOR AN ALCOHOLIC LIQUOR LICENSE, SECTION 61-5-50, RELATING TO THE GRANTING OF A LICENSE, AND SECTION 61-9-320, RELATING TO THE QUALIFICATIONS FOR A BEER OR WINE PERMIT, SO AS TO REVISE THE NOTICE REQUIREMENTS FOR LICENSES AND PERMITS TO MAKE THEM CONSISTENT AND PROVIDE FOR PUBLICATION OF NOTICE IN A LOCAL NEWSPAPER PUBLISHED IN THE AREA.

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

There was no objection.

On motion of Senator MITCHELL, with unanimous consent, the vote whereby Amendment No. 1, which was previously proposed by Senator MITCHELL and adopted, was reconsidered.

Senator MITCHELL asked unanimous consent to withdraw the amendment.

There was no objection.

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

I did not take part in deliberations or votes on this Bill (H. 4291) because of a conflict of interest.

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

H. 4860 -- Reps. Sheheen, Baxley and K. Burch: A BILL TO AMEND ACT 930 OF 1970, AS AMENDED, RELATING TO SCHOOL TRUSTEES FOR KERSHAW COUNTY, SO AS TO PROVIDE FOR THE ELECTION OF TRUSTEES FROM SINGLE-MEMBER DISTRICTS.

(By prior motion of Senator HOLLAND)

H. 4845 -- Rep. Baxley: A BILL TO AMEND ACT 748 OF 1978, AS AMENDED, AND AN ACT OF 1992 BEARING RATIFICATION NUMBER 395, RELATING TO THE BOARD OF EDUCATION OF THE DARLINGTON COUNTY SCHOOL DISTRICT, SO AS TO REVISE THE DATE THAT THE NUMBER OF BOARD MEMBERS TAKES EFFECT BY EXTENDING THE EXISTING BOARD COMPOSITION FOR TWO YEARS, UNTIL JANUARY 1, 1995.

H. 4871 -- Reps. Baxley, Glover, Neilson and Beasley: A BILL TO AMEND SECTION 7-7-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN DARLINGTON COUNTY, SO AS TO REVISE CERTAIN OF THESE VOTING PRECINCTS.

H. 4703 -- Rep. Stone: A BILL TO PROVIDE THAT BEGINNING IN 1992 THE BOARD OF TRUSTEES OF THE EDGEFIELD COUNTY SCHOOL DISTRICT MUST BE ELECTED IN NONPARTISAN ELECTIONS AND TO PROVIDE FOR THE TERMS AND MANNER OF ELECTION OF THESE MEMBERS.

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

H. 4603 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF NURSING, RELATING TO DEFINITIONS OF TERMS AND REQUIREMENTS FOR OFFICIAL RECOGNITION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1453, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4640 -- Rep. Bennett: A BILL TO AMEND SECTION 50-3-315, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEPUTY WILDLIFE CONSERVATION OFFICERS, SO AS TO DELETE THE LIMITATION ON THE LENGTH OF THE TERMS.

H. 4031 -- Rep. Hayes: A BILL TO AMEND SECTION 5-23-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF A LOCAL BOARD OF ADJUSTMENT, SO AS TO PROVIDE THAT A MUNICIPALITY BY ORDINANCE MAY PERMIT OR PRECLUDE A VARIANCE FOR A USE OF A LAND, BUILDING, OR STRUCTURE.

H. 3636 -- Rep. Clyborne: A BILL TO AMEND SECTION 41-25-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSING REQUIREMENTS FOR PRIVATE PERSONNEL AGENCIES, SO AS TO DELETE THE PROHIBITION AGAINST CONDUCTING PERSONNEL PLACEMENT SERVICES IN A RESIDENCE.

Senator McCONNELL explained the Bill.

S. 1572 -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF CONSUMER AFFAIRS, RELATING TO LICENSING STANDARDS FOR CONTINUING CARE RETIREMENT COMMUNITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1433, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4859 -- Rep. McTeer: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF MAY 7, 1992, MISSED BY STUDENTS IN HAMPTON SCHOOL DISTRICTS 1 AND 2 DUE TO A BOMB THREAT IS EXEMPT FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN.

On motion of Senator MATTHEWS, H. 4859 was ordered to receive a third reading on Thursday, May 28, 1992.

H. 3745 -- Reps. Hayes, H. Brown, Rudnick, Baxley, Kirsh, G. Bailey, G. Brown, Meacham, Nettles, Rama, Altman, Jaskwhich, Gentry, Wilkes, Baker, Clyborne, T.C. Alexander, Rhoad, McCain, Sharpe, Harvin and Tucker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-40-70 SO AS TO ALLOW A LANDLORD WHERE RENTAL PROPERTY IS MANAGED BY A CORPORATION TO DESIGNATE IN WRITING A CORPORATE EMPLOYEE OR AGENT WHO MAY REPRESENT THE LANDLORD IN THE COURTS OF THIS STATE IN ALL MATTERS ARISING UNDER THE SOUTH CAROLINA RESIDENTIAL LANDLORD AND TENANT ACT AND TO PROVIDE THAT THE PERSON DESIGNATED, WHILE REPRESENTING THE LANDLORD IN COURT, IS NOT ENGAGED IN THE UNAUTHORIZED PRACTICE OF LAW.

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

The amendment proposed by the Committee on Labor, Commerce and Industry (H.3745.1) was adopted as follows:

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

SECTION 1. Section 27-40-710 of the 1976 Code is amended to read:

"Section 27-40-710. (A) Except as provided in this chapter, if there is a noncompliance by the tenant with the rental agreement other than nonpayment of rent or a noncompliance with Section 27-40-510 materially affecting health and safety or the physical condition of the property, or Section 27-40-540, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than fourteen days after receipt of the notice, if the breach is not remedied in fourteen days. The rental agreement shall terminate terminates as provided in the notice except that:

(1) if the breach is remediable by repairs or otherwise and the tenant adequately remedies the breach before the date specified in the notice, or

(2) if such the remedy cannot be completed within fourteen days, but is commenced within the fourteen-day period and is pursued in good faith to completion within a reasonable time, the rental agreement shall may not terminate by reason of the breach.

(B) If rent is unpaid when due and the tenant fails to pay rent within five days from the date due or the tenant is in violation of Section 27-40-540, the landlord may terminate the rental agreement provided the landlord has given the tenant written notice of nonpayment and his intention to terminate the rental agreement if the rent is not paid within that period. The landlord's obligation to provide notice under this section is satisfied for any lease term after the landlord has given one such notice to the tenant or if the notice is contained in conspicuous language in a written rental agreement.

(C) Except as provided in this chapter, the landlord may recover actual damages and obtain injunctive relief, judgments, or evictions in magistrate's or circuit court without posting bond for any noncompliance by the tenant with the rental agreement or Section 27-40-510. A real estate broker-in-charge licensed in this State or a licensed property manager, in the conduct of his licensed business may, either in person or through one or more regular employees, complete a form writ of eviction and present facts to judicial officers on behalf of his landlord/principal in support of an action for eviction and/or distress and/or abandonment for which no separate charge is made for this service. If the tenant's noncompliance is wilful other than nonpayment of rent, the landlord may recover reasonable attorney's fees, provided the landlord is represented by an attorney. If the tenant's nonpayment of rent is not in good faith, the landlord is entitled to reasonable attorney's fees, provided the landlord is represented by an attorney.

(D) Personal property belonging to a tenant removed from a premises as a result of an eviction proceeding under this chapter which is placed on a public street or highway may be removed by the appropriate municipal or county officials after a period of forty-eight hours, excluding Saturdays, Sundays, and holidays, and may also be removed by these officials in the normal course of debris or trash collection before or after a period of forty-eight hours. The notice of eviction must clearly inform the tenant of the provisions of this section. The municipality or county and the appropriate officials or employees thereof have no liability in regard to the tenant if he is not informed in the notice of eviction of the provisions of this section."

SECTION 2. This act takes effect upon approval by the Governor.

Amend title to conform.

Senator McCONNELL explained the amendment.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

On motion of Senator COURSON, H. 3745 was ordered to receive a third reading on Thursday, May 28, 1992.

H. 3867 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-840, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USING CERTAIN NETS TO FISH WITHIN THREE MILES FROM WINYAH BAY JETTIES, SO AS TO CLARIFY THE PENALTY TO INCLUDE THE SEIZURE OF AN ENGINE AND ALL RELATED EQUIPMENT FOR A VIOLATION OF THIS SECTION.

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

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

The amendment proposed by the Committee on Fish, Game and Forestry (N05\8615.BD) was adopted as follows:

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

/SECTION __. The 1976 Code is amended by adding:

"Section 50-11-735. (A) For purposes of this section, a conviction for unlawfully taking, attempting to take, or possessing wildlife is conclusive against the owner of property subject to forfeiture.

(B) Forfeited property not claimed or redeemed as provided in this section may be retained by the department for official use, transferred to other governmental agencies for official use, sold at public auction, or disposed of according to law.

(C) If the department sells forfeited property, the sale must be at public auction for cash to the highest bidder at a public place in the county where the property was seized. Before the sale, the department shall give at least thirty days notice to the former owner of the property subject to forfeiture by certified mail and to the public by posting an advertisement of the sale at the county courthouse and by publishing the advertisement at least once in a newspaper of general circulation in the county. Upon sale, the department first shall satisfy costs and expenses of the seizure, advertisement, and sale including, but not limited to, expenses incurred for the storage of the forfeited property. The net proceeds must be placed on deposit with the State Treasurer and credited to the game protection fund.

(D) When forfeited property is valued at one thousand dollars or more, the former owner may redeem it by paying one thousand dollars to the department within thirty days after conviction. When forfeited property is valued at less than one thousand dollars, the former owner may redeem it by paying to the department the fair market value of the property within thirty days after conviction. The amounts received by the department must be placed on deposit with the State Treasurer and credited to the game protection fund.

(E) When the department seizes property subject to forfeiture, the owner may redeem it before trial by paying to the department the fair market value of the property or one thousand dollars, whichever is less, if the property is not being held as evidence. Upon conviction, the amount received by the department must be placed on deposit with the State Treasurer and credited to the game protection fund. If there is no conviction, the amount received must be returned to the owner.

(F) When the department seizes property subject to forfeiture and which is subject to a lien of record, it shall ascertain the fair market value of the property. Upon conviction of the owner, an innocent lienholder of record may claim the property upon proof of his status. The person convicted shall pay the department the fair market value of the property not to exceed one thousand dollars an item. Upon payment, the property must be relinquished to the innocent lienholder of record. The amount received by the department must be placed on deposit with the State Treasurer and credited to the game protection fund.

(G) If property is seized pursuant to this section and an innocent person other than an innocent lienholder of record proves ownership in the property, the department shall ascertain the fair market value of the property. Upon conviction of the person from whom the property was seized, the innocent person may claim the property upon proof of his status, and the department immediately shall relinquish the property to the innocent owner. The person convicted shall pay the department the fair market value of the property not to exceed one thousand dollars an item. The amount received by the department must be placed on deposit with the State Treasurer and credited to the game protection fund.

(H) If property is seized pursuant to this section and an innocent person other than an innocent lienholder of record proves ownership in the property, the department shall ascertain the fair market value of the property. If the property is not being held as evidence, the department immediately shall relinquish the property to the innocent owner. Upon conviction of the person from whom the property was seized, he shall pay the department the fair market value of the property not to exceed one thousand dollars an item. The amount received by the department must be placed on deposit with the State Treasurer and credited to the game protection fund.

(I) The division shall maintain a permanent record of all property recovered pursuant to this section which shall list the property recovered, the disposition of such property, and the date of the disposition."

SECTION __. Section 50-11-540 of the 1976 Code is amended to read:

"Section 50-11-540. (A) Any A person taking, attempting to take, or having in his possession turkey illegally or taking, attempting to take, or killing turkey in any a way not prescribed by the commission within the scope of the commission's statutory authority is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars nor more than one two hundred dollars or imprisoned for not more than thirty days. Every vehicle, boat, animal, firearm, or other equipment used in hunting turkeys in violation of Sections 50-11-500, 50-11-510, 50-11-520, and 50-11-530 or in the possession of persons convicted of violations a violation at the time of the violations violation is must be forfeited to the State and may be confiscated by any a peace officer who shall deliver the items to the department or its designated agent pending disposition of the case.

(B) For purposes of this section, a conviction for unlawfully hunting turkeys is conclusive as against any a convicted owner of the above mentioned property in this section, and devices confiscated must be ordered forfeited.

In all other instances forfeiture is accomplished by the initiation by the State of an action in the circuit court in the county in which the property was seized giving notice to owners of record and lienholders of record or other persons having claimed an interest in the property subject to forfeiture and an opportunity to appear and show, if they can, why the property should not be forfeited and disposed of as provided for by this section. Failure of any person claiming an interest in the property to appear at the above proceeding after having been given notice of the proceeding constitutes a waiver of his claim and the property is forfeited immediately to the State.

Notice of the above proceedings is accomplished by: (a) personal service of the owner of record or lienholder of record by certified copy of the petition or notice of hearing or (b) in the case of property for which there is no owner or lienholder of record, publication of notice in a newspaper of local circulation in the county where the property was seized for at least two successive weeks before the hearing.

(C) Property constituted forfeited property by this section must be sold disposed of under the same procedure prescribed in Section 50-11-740 50-11-735."

SECTION __. Section 50-11-710 of the 1976 Code is amended to read:

"Section 50-11-710. (A) Night hunting in this State is unlawful except that and is punishable, upon conviction, as in subsection (C). However, raccoons, opossums, foxes, mink, bobcat, and skunk may be hunted at night; however, except they may must not be hunted with artificial lights except when unless treed or cornered with dogs, or with buckshot or nor may they be hunted with buckshot, any a shot larger than a number four, or any a rifle ammunition of larger a greater caliber than a twenty-two rimfire long rifle.

(B) For the purposes of this section, `night' means that period of time between one-half hour after official sundown of a day and one-half hour before official sunrise of the following day.

(C) Any A person violating the provisions of this section subsection (A), except as otherwise provided, upon conviction, must be fined for the a first offense not more than one thousand dollars, or be imprisoned for not more than one year, or both; for the a second offense within two years from the date of conviction for the first offense, not more than two thousand dollars nor less than four hundred dollars, or be imprisoned for not more than one year nor for less than ninety days, or both; for a third or subsequent offense within two years of the date of conviction for the last previous offense, not more than three thousand dollars nor less than five hundred dollars, or be imprisoned for not more than one year nor for less than one hundred twenty days, or both. Any A person convicted under this section after more than two years have elapsed since his last conviction must be sentenced as for a first offense.

(D) In addition to any other penalty the penalties in subsection (C), any a person convicted for a second or subsequent offense under this section within three years of the date of conviction for a first offense shall must have his privilege to hunt in this State suspended for a period of two years. No hunting license may be issued to an individual while his privilege is suspended, and any license mistakenly issued is invalid. The penalty for hunting in this State during the period of suspension, upon conviction, must be imprisonment for not more than one year nor less than ninety days.

(E) The provisions of this This section may does not be construed to prevent any an owner of property from protecting the property it from destruction by wild game as provided by law.

(F) Except as allowed in subsection (A), it is unlawful for a person to use artificial lights at night, except vehicle headlights while traveling in a normal manner on a public road or highway, while in possession of or with immediate access to both ammunition of a type prohibited for use at night by the first paragraph of this section and a weapon capable of firing the ammunition to hunt for, take, or attempt to take wildlife. A violation of this paragraph subsection is punishable as provided by Section 50-11-720. In addition to those penalties, a vehicle, firearm, or other device used in the violation must be seized, confiscated, forfeited, and disposed of under Section 50-11-735."

SECTION __. Section 50-11-730 of the 1976 Code is amended to read:

"Section 50-11-730. (A) It is unlawful for any a person to hunt, shoot, or in any way kill take, or attempt to take deer from a motorboat, raft, or other water conveyance or to molest deer while any a part of the deer is in the water. Any A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be imprisoned for not less than thirty days nor more than ninety days or be fined not less than one hundred dollars nor more than five hundred dollars. `Hunting', as used in this section in reference to a vehicle, boat, or device, includes the transportation of a hunter to or from the place of hunting in violation of this section, or the transportation of the carcass of a deer, or any part of a deer, which has been unlawfully hunted or killed in violation of this section.

(B) In addition to the penalty herein, in this section every boat, raft, or other water conveyance, vehicle, animal, firearm, and any other device being used in the violation of this section must be confiscated seized and delivered to the department pursuant to Section 50-11-735. For purposes of this section, a conviction for unlawfully hunting deer from boats or other water conveyances is conclusive as against any convicted owner of the above-mentioned property.

In all other cases, the forfeiture and sale is accomplished by the procedure set forth in Section 50-11-740."

SECTION __. Section 50-13-1196 of the 1976 Code is amended to read:

"Section 50-13-1196. (A) In addition to any a specific penalty provided in this article, any a fish or fishing device taken or found to be in possession of any a person charged with a violation of this article shall must be confiscated. The fish shall must be sold in the same manner as prescribed in Section 50-11-3940 for the sale of perishable items. If the person charged is convicted, the money received from such the sale shall must be forwarded to the department, and placed on deposit with the State Treasurer, and credited to the account of the game protection fund of the State Treasury. After conviction, the fishing devices shall must be sold at public auction. The sale of the fish and fishing devices shall must be conducted using the procedures prescribed in Section 50-11-2080 50-11-735. If such the person is acquitted, the devices shall must be returned to him along with any money monies that may have come from the sale of the confiscated fish.

(B) In addition to the specific penalties provided in this article and the penalties provided in subsection (A) of this section, the boat, motor, and fishing gear of any a person who is charged with unlawfully using or having in possession a gill net or hoop net on any a freshwater lake or reservoir of the State shall must be confiscated and sold at auction within the State after conviction using the procedure prescribed in Section 50-11-2080 50-11-735. The money received from such the sale shall must be forwarded to the department, and placed on deposit with the State Treasurer, and credited to the account of the game protection fund of the State Treasury. If such the person is acquitted, the boat, motor, and fishing gear shall must be returned to him. Upon conviction, the department shall suspend such the person's license or privilege to fish in this State for a period of one year from the date of conviction.

(C) In addition to the specific penalties provided in this article or the general provisions of Sections 50-13-1610 and 50-13-1650, upon the conviction of any a commercial freshwater fisherman of illegal possession of game fish or the sale or traffic in game fish, the department shall suspend such person's his license or privilege to fish in this State for a period of one year from the date of conviction."

SECTION __. The first four lines of Section 50-17-615 of the 1976 Code are amended to read:

"In addition to the area outlined in Section 50-17-610, from August fifteenth to December fifteenth, both inclusive, except in that area outlined in item by items (1), (2), (3), and (4) of this section wherein the period is from September first to November first, inclusive which are always closed to trawling under Section 50-17-618, it is lawful to trawl for shrimp or prawn:".

SECTION __. Section 50-17-650 of the 1976 Code is amended by adding at the end:

"If evidence convinces the court that the property or equipment used by persons in violation of this article which call for the confiscation, sale, or redemption of equipment used in the violation belongs to a person not charged with a violation, the department shall ascertain the fair market value of the equipment or property, and, upon conviction, the court shall order the violator to pay to the department, unless the section provides for specific sums, the fair market value of the property or equipment, not to exceed one thousand dollars an item. This amount may be used by the department for the protection of marine resources. The civil penalty must be imposed at the time of sentence and is in addition to a criminal penalty imposed. The property or equipment must be returned to the owner.

A lienholder upon notice must be notified of the sale and the interest of the lienholder must be satisfied by the public sale. If the cost of satisfying the lien cannot be obtained by public sale, the former owner shall pay the fair market value of the equipment or property up to one thousand dollars, and the property or equipment must be turned over to the valid lienholder."

SECTION __. Section 50-19-2220 of the 1976 Code is amended to read:

"Section 50-19-2220. In the waters of the Savannah River between the Stevens Creek Dam and the highway bridge between Calhoun Falls, South Carolina, and Elberton, Georgia, including the waters impounded by the Stevens Creek Dam and the Clark Hill Dam, all in Game Zone 2, no person shall may have any a rifle in his possession in any a boat nor shall any may a person fire a rifle within one hundred yards from the shoreline of such the waters. Any rifles A rifle being used in a violation of this section shall must be confiscated and sold at public auction under the procedure provided in Section 50-11-2080 50-11-735."/

Renumber sections to conform.

Amend title to conform.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

On motion of Senator HOLLAND, with unanimous consent, H. 3867 was ordered to receive a third reading on Thursday, May 28, 1992.

H. 4582 -- Reps. Barber, Rama, Holt, Hallman, Fulmer and R. Young: A BILL TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO CLOSE AND REMOVE FROM THE STATE HIGHWAY SYSTEM ROAD #S10-1473 LOCATED IN CHARLESTON COUNTY.

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

Senator SALEEBY proposed the following amendment (RES4582.01), which was adopted:

Amend the bill, as and if amended, Page 1, Line 22, by inserting after the word /County/ the following:

/and road #S16-666 in Darlington County/.

Amend title to conform.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

S. 1558 -- Senators Matthews, Williams, Fielding, Gilbert, Mitchell, Patterson, Washington and Setzler: A SENATE RESOLUTION TO WELCOME DR. KOSONIKI KOSO-THOMAS, VICE-CHANCELLOR OF THE UNIVERSITY OF SIERRA LEONE, UPON HIS VISIT TO SOUTH CAROLINA STATE COLLEGE AND TO RECOGNIZE HIM ON WEDNESDAY, MAY 27, 1992.

The Senate Resolution was adopted.

H. 4848 -- Rep. Barber: A CONCURRENT RESOLUTION TO DESIGNATE 1992 AS THE YEAR OF PALMETTO DISCOVERY AND OCTOBER 12, 1992, AS PALMETTO DISCOVERY '92 DAY TO BE RECOGNIZED WITH APPROPRIATE CELEBRATIONS THROUGHOUT SOUTH CAROLINA.

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

S. 1521 -- Senator Drummond: A CONCURRENT RESOLUTION TO CONGRATULATE THE LEGISLATIVE AUDIT COUNCIL FOR HAVING RECEIVED TWO NATIONAL AWARDS ACKNOWLEDGING AGENCY EMPLOYEES' OUTSTANDING SKILLS IN CONDUCTING PERFORMANCE AUDITS.

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

H. 3168 -- Rep. Huff: A BILL TO AMEND SECTION 20-7-1572, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR TERMINATION OF PARENTAL RIGHTS, SO AS TO DELETE THAT FAILURE TO SUPPORT A CHILD REQUIRES A REQUEST FOR A CONTRIBUTION BY THE CUSTODIAN OF THE CHILD AND TO PROVIDE THAT A REQUEST FOR SUPPORT IS A CIRCUMSTANCE THAT THE COURT MAY CONSIDER IN DETERMINING WHETHER A PARENT HAS WILFULLY FAILED TO SUPPORT A CHILD.

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

H. 4569 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM SALES TAX, SO AS TO PROVIDE THAT SCRAP METAL PROCESSORS ARE CONSIDERED MANUFACTURERS FOR PURPOSES OF THE EXEMPTIONS RELATING TO THE SALE OF ELECTRICITY OR OTHER FUELS TO MANUFACTURERS FOR CERTAIN USES.

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

Senator LEVENTIS explained the Bill.

H. 3384 -- Rep. Altman: A BILL TO AMEND SECTION 56-5-4140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROSS WEIGHT OF VEHICLES, SO AS TO PROVIDE THAT CERTAIN VEHICLES MUST DISPLAY THE NAME OF THE OWNER OR OPERATOR ON THE VEHICLE.

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

H. 3039 -- Reps. Whipper, Rama and M.O. Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-1-90 SO AS TO MAKE IT UNLAWFUL FOR A BUSINESS WHICH IS LICENSED AS A RETAILER BY A MUNICIPALITY, COUNTY, OR THE STATE TO USE THE TERM "WHOLESALER" OR "DISTRIBUTOR" IN ITS NAME, TO PROVIDE AN EXCEPTION, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

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

H. 4382 -- Rep. Koon: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE ALERT ACTIONS OF MR. MARTY HILYER OF LEXINGTON COUNTY IN SAVING THE LIFE OF AN ABANDONED INFANT LEFT IN A DUMPSTER IN RICHLAND COUNTY ON JANUARY 31, 1992, AND URGING APPROPRIATE ACTION BY STATE AGENCIES IF THE INFANT IS PUT UP FOR ADOPTION TO GIVE THE HILYER FAMILY EVERY CONSIDERATION IN ADOPTING THE INFANT.

On motion of Senator MARTSCHINK, with unanimous consent, the Resolution was carried over.

H. 4853 -- Reps. L. Martin, Phillips, Huff, Jennings, Beasley, J. Harris and Kirsh: A CONCURRENT RESOLUTION TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION WHEN DEVELOPING THE STATE'S PLAN TO REMOVE NONCONFORMING OUTDOOR ADVERTISING SIGNS PURSUANT TO FEDERAL LAW TO FIRST CONCENTRATE ITS EFFORTS ON NONCONFORMING SIGNS ON INTERSTATE HIGHWAYS AND SCENIC HIGHWAYS AND NOT ON OTHER ROADS AND HIGHWAYS TO WHICH THE LAW APPLIES.

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

S. 219 -- Senators Shealy and Martschink: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO LOTTERIES, SO AS TO AUTHORIZE LOTTERIES CONDUCTED BY THE STATE AND TO PROVIDE FOR THE USE OF THE REVENUES DERIVED FROM THE LOTTERIES.

Senator SHEALY asked unanimous consent to take the Resolution up for immediate consideration.

Senator McCONNELL objected.

H. 4571 -- Reps. Wilkins, Boan, T.C. Alexander, Waldrop, Phillips, Bennett, Beasley, M.O. Alexander, J. Bailey, Barber, H. Brown, Clyborne, Cooper, Fair, Farr, Fulmer, J. Harris, P. Harris, Harrison, Haskins, Hodges, Huff, Jennings, L. Martin, M. Martin, McGinnis, Sharpe, Smith, Tucker, Wells, Wofford, Wright, A. Young, Jaskwhich, Quinn, Sturkie, Koon, Riser, D. Martin, J. Brown, Scott, Gentry, Harwell, Vaughn, Corning, Cato, J. Williams, Shissias and Lanford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-23-15 SO AS TO PROVIDE THAT NO LICENSE OR PERMIT REQUIREMENT OR CONDITION MAY BE ENFORCED UNLESS PROMULGATED BY REGULATION PURSUANT TO CHAPTER 23 OF TITLE 1; TO AMEND SECTION 1-23-10, RELATING TO DEFINITIONS FOR THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO DEFINE THE TERMS "AGENCY ACTION" AND "ASSESSMENT REPORT"; TO AMEND SECTION 1-23-110, AS AMENDED, RELATING TO PROCEDURES FOR PUBLICATION OF NOTICES OF PROPOSED REGULATIONS, SO AS TO REQUIRE AN ASSESSMENT REPORT BY THE BUDGET AND CONTROL BOARD; AND TO AMEND SECTION 1-23-125, AS AMENDED, RELATING TO THE APPROVAL, DISAPPROVAL, AND MODIFICATION OF REGULATIONS, SO AS TO REQUIRE ADOPTION OF PROPOSED REGULATIONS BY JOINT RESOLUTION WITHIN ONE HUNDRED TWENTY DAYS.

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

Senator LEVENTIS objected.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, BY PRIOR MOTION OF SENATOR BRYAN, THE SENATE RESUMED CONSIDERATION OF H. 3409.

H. 3409 -- Reps. Gregory, Kirsh, Wilkins, Short, Nettles and J. Brown: A BILL TO AMEND SECTION 12-27-1270, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ECONOMIC DEVELOPMENT ACCOUNT, SO AS TO PROVIDE FOR THE ACCOUNT TO BE REPLENISHED BASED ON FUNDS OBLIGATED OR COMMITTED BY THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT IN THE PREVIOUS YEAR, DELETE THE LIMITATION ON THE AMOUNT OF THE ACCOUNT, AND DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 13-3-20, RELATING TO THE OBJECTIVES OF THE STATE DEVELOPMENT BOARD, SO AS TO DELETE THE REFERENCE TO A STATEWIDE PLANNING PROGRAM; TO AMEND SECTION 13-3-90, RELATING TO THE DUTIES AND POWERS OF THE STATE DEVELOPMENT BOARD, SO AS TO DELETE THE PROVISION FOR A MASTER PLAN FOR AGENCIES TO CONSIDER CERTAIN STATE NEEDS AND DELETE THE REFERENCE TO A STATE PLANNING PROGRAM; TO AMEND SECTION 41-45-20, RELATING TO MEETINGS AND DUTIES OF THE COUNCIL, SO AS TO PROVIDE FOR AND DEFINE A STRATEGIC PLAN FOR ECONOMIC DEVELOPMENT AND REVISE DUTIES PERTAINING TO THE PLAN AND COORDINATION OF ACTIVITIES; TO AMEND SECTION 41-45-30, RELATING TO REPORTS BY THE COUNCIL, SO AS TO INCLUDE REPORTS TO THE CHAIRMEN OF THE SENATE FINANCE AND HOUSE WAYS AND MEANS COMMITTEES AND REQUIRE REPORTS ON THE ACCOUNT; TO AMEND SECTION 41-45-40, RELATING TO COUNCIL RECOMMENDATIONS, SO AS TO INCLUDE THE OBJECTIVES OF THE STRATEGIC PLAN, DELETE THE PROVISION FOR REFERRALS BY THE GENERAL ASSEMBLY AND STATE AGENCIES, AND REVISE THE RECOMMENDATIONS CONCERNING AGENCY REQUESTS FOR ECONOMIC DEVELOPMENT APPROPRIATIONS; TO AMEND SECTION 41-45-50, RELATING TO COUNCIL FUNDS, COMMITTEES, AND DATA, SO AS TO REVISE THE DUTIES OF THE COMMITTEES; AND TO REAUTHORIZE THE EXISTENCE OF THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT FOR SIX YEARS.

The Senate resumed consideration of the Bill. The question being the adoption of the amendment proposed by Senators McCONNELL, PASSAILAIGUE, MARTSCHINK, HELMLY, WASHINGTON and ROSE. Amendment No. 1 was adopted but was not published pursuant to a motion by Senator MATTHEWS.

Senator McCONNELL explained the amendment.

At 4:50 P.M., Senator GILBERT requested and was granted a leave of absence for the balance of the day.

At 4:50 P.M., Senator MITCHELL requested and was granted a leave of absence for the balance of the day.

At 5:01 P.M., Senator COURSON moved to invoke Rule 3b.

Senator MOORE made the point that a quorum was not present. It was ascertained that a quorum was present. The Senate resumed.

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

Bryan Cork Courson
Drummond Fielding Hayes, R.W.
Lourie Martschink Moore
O'Dell Peeler Pope
Rose Russell Setzler
Shealy Smith, J.V. Stilwell
Thomas Wilson

Carmichael Courtney Helmly
Hinds Hinson Holland
Land Leventis Macaulay
Matthews McConnell McGill
Mitchell Mullinax Passailaigue
Patterson Reese Saleeby
Smith, N.W. Washington

The PRESIDENT voted "aye".

At 5:10 P.M., Rule 3b was invoked.

Senator McCONNELL continued explaining the amendment.

At 5:15 P.M., Senator PATTERSON requested and was granted a leave of absence from 6:00-7:00 P.M. tonight.

At 5:15 P.M., Senator SALEEBY requested and was granted a leave of absence beginning at 5:30 P.M., until 11:00 A.M. Thursday.

At 5:15 P.M., on motion of Senator WASHINGTON, Senator FIELDING was granted a leave of absence for the balance of the day.

Senator McCONNELL continued explaining the amendment.

At 5:25 P.M., Senator MOORE assumed the Chair.

Senator McCONNELL continued explaining the amendment.

Senator LOURIE raised a Point of Order that the Speaker's remarks were tedious and superfluous.

Senator McCONNELL spoke on the Point of Order.

Senator LOURIE withdrew the Point of Order.

At 5:40 P.M., Senator MULLINAX requested and was granted a leave of absence for Tuesday, June 2, 1992, beginning at 2:00 P.M., until 10:00 A.M. Wednesday.

Senator McCONNELL continued explaining the amendment.

At 5:42 P.M., on motion of Senator LAND, with Senator McCONNELL retaining the floor, the Senate receded from business not to exceed five minutes.

At 6:00 P.M., the Senate resumed.

At 6:00 P.M., Senator RUSSELL requested and was granted a leave of absence until 7:00 P.M.

The PRESIDENT assumed the Chair.

Senator McCONNELL continued explaining the amendment.

Senator McCONNELL moved that the amendment be adopted.

The amendment was adopted.

Senators SETZLER, LOURIE and GIESE proposed Amendment No. 3, which was adopted.

(Pursuant to a motion by Senator MATTHEWS the amendment was not printed in the Journal)

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

Senator LOURIE moved that the amendment be adopted.

The amendment was adopted.

Senators WILLIAMS and MATTHEWS proposed the following Amendment No. 6, which was adopted.

(Pursuant to a motion by Senator MATTHEWS, the amendment was not printed in the Journal).

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

The amendment was adopted.

Senator BRYAN proposed Amendment No. 7, which was adopted.

(Pursuant to a motion by Senator MATTHEWS, the amendment was not printed in the Journal).

Senator BRYAN explained the amendment.

The amendment was adopted.

Pursuant to a unanimous consent request by Senator MATTHEWS, the Clerk was granted license to compare and conform the amendments offered by Senators SETZLER, LOURIE and GIESE, Senators WILLIAMS and MATTHEWS, and Senator BRYAN with the amendment proposed by Senators McCONNELL, PASSAILAIGUE, ROSE, MARTSCHINK, HELMLY and WASHINGTON and the committee amendment so as to incorporate the substance of each into a single document to be the substance of H. 3409.

Further, the publication in the Journal of this document would be withheld until the document had been completed, perfected and reviewed by the respective authors.

There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.

S. 732 -- Senator Moore: A BILL TO AMEND SECTION 13-9-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SAVANNAH VALLEY AUTHORITY AND ITS MEMBERSHIP, SO AS TO RESTRUCTURE AND INCREASE THE MEMBERSHIP OF THE GOVERNING BOARD OF THE AUTHORITY; TO AMEND SECTION 13-9-20, RELATING TO THE OFFICERS AND MEETINGS OF THE AUTHORITY'S GOVERNING BOARD, SO AS TO PROVIDE THAT SEVEN, RATHER THAN FOUR, MEMBERS CONSTITUTE A QUORUM FOR TRANSACTING BUSINESS; TO AMEND SECTION 13-9-35, RELATING TO THE AUTHORITY'S EXERCISE OF POWERS, SO AS TO DELETE PROVISIONS REQUIRING THE CONSENT OF A MAJORITY OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES REPRESENTING THE COUNTY AND A MAJORITY OF THE SENATORS REPRESENTING THE COUNTY FOR THE AUTHORITY TO EXERCISE THE POWERS AND DUTIES UNDER SECTION 13-9-30 IN THE ENTIRE AREA OF ANY COUNTY OR PORTION OF ANY COUNTY WHICH BORDERS THE SAVANNAH RIVER OR IS WITHIN THE RIVER BASIN, INCLUDING PROVISIONS FOR THE REMOVAL OF THIS CONSENT; TO PROVIDE FOR THE EXTENSION OF TERMS OF CURRENT BOARD MEMBERS; AND TO PROVIDE THAT CURRENT MEMBERS ARE ELIGIBLE FOR APPOINTMENT AS MEMBERS OF THE RECONSTITUTED BOARD.

The House returned the Bill with amendments. The question being the consideration of Senate amendments to the House amendments.

Senators McCONNELL, PASSAILAIGUE, MARTSCHINK, HELMLY, WASHINGTON and ROSE proposed an amendment, which was withdrawn.

Senator McCONNELL explained the amendment.

On motion of Senator McCONNELL, with unanimous consent, the amendment was withdrawn.

Senator MOORE moved to concur with the House amendments.

On motion of Senator MOORE, 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.

S. 1574 -- Senator Martschink: A CONCURRENT RESOLUTION CONGRATULATING WANDO HIGH SCHOOL OF CHARLESTON COUNTY ON WINNING THE CLASS AAAA STATE SOCCER CHAMPIONSHIP FOR 1992.

Returned with concurrence.

Received as information.

S. 1575 -- Senators Williams and Matthews: A CONCURRENT RESOLUTION TO COMMEND MR. H. FILMORE MABRY OF ORANGEBURG FOR HIS TRULY OUTSTANDING SERVICE AS PRESIDENT OF THE REGIONAL MEDICAL CENTER OF ORANGEBURG AND CALHOUN COUNTIES UPON HIS RETIREMENT.

Returned with concurrence.

Received as information.

S. 1576 -- Senator Passailaigue: A CONCURRENT RESOLUTION TO HONOR MRS. FLORENCE M. RICHARDSON ON THE OCCASION OF HER RETIREMENT FROM THE PORTER-GAUD SCHOOL AFTER NEARLY THIRTY-TWO YEARS OF SERVICE.

Returned with concurrence.

Received as information.

S. 1577 -- Senator Passailaigue: A CONCURRENT RESOLUTION TO HONOR MR. TED RICHARDSON ON HIS RETIREMENT FROM THE PORTER-GAUD SCHOOL IN CHARLESTON AFTER NEARLY THIRTY-EIGHT YEARS OF DISTINGUISHED SERVICE.

Returned with concurrence.

Received as information.

H. 4331 -- Rep. Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 IN CHAPTER 41, TITLE 44 SO AS TO ENACT THE SOUTH CAROLINA INFORMED DECISION FOR ABORTION ACT AND TO PROVIDE PENALTIES FOR VIOLATION; AND TO DESIGNATE SECTIONS 44-41-10 THROUGH 44-41-80 AS ARTICLE 1, CHAPTER 41 OF TITLE 44 ENTITLED "ABORTIONS GENERALLY".

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

Senator CORK objected.

THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

S. 1231 -- Senators Saleeby, Pope, Land, Mullinax and McConnell: A BILL TO AMEND SECTION 42-7-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTICIPATION UNDER THE STATE WORKERS' COMPENSATION FUND, SO AS TO INCLUDE EMPLOYERS WITH TWENTY-FIVE OR FEWER EMPLOYEES AT THE TIME OF INITIAL COVERAGE, PROVIDE FOR NOTIFICATION WHEN COVERAGE EXPIRES, AND PROVIDE FOR PRIVATE EMPLOYERS TO EXERCISE THEIR OPTION TO PARTICIPATE; AND TO AMEND SECTION 42-7-70, RELATING TO RATES AND PREMIUMS PAID BY PARTICIPANTS, SO AS TO REQUIRE PREMIUMS COLLECTED AND INVESTMENT INCOME FROM PRIVATE EMPLOYERS TO BE DETERMINED, MAINTAINED, AND ACCOUNTED FOR SEPARATELY FROM PREMIUMS OF GOVERNMENTAL ENTITIES.

Senator THOMAS moved that the Bill be carried over.

Senator LAND made a Parliamentary Inquiry as to whether the Bill under consideration should be H. 4571 instead of S. 1231.

The PRESIDENT stated that there was a unanimous consent request while the Senate was still in the Morning Hour to revert to a consideration of H. 3409 and, upon completion of H. 3409, the Senate returned to the point at which the unanimous consent request was made.

Senator LAND raised a Point of Order that the motion to carry over the Bill was out of order inasmuch as the Senate had varied the order of the day and should be considering H. 4571.

Senator LEATHERMAN spoke on the Point of Order.

Senator LEVENTIS spoke on the Point of Order and stated that the unanimous consent request was to take up one specific Bill, H. 3409, and not every Bill in that category on the Calendar.

The PRESIDENT overruled the Point of Order.

At 5:30 P.M., Senator MATTHEWS moved that the Senate stand adjourned.

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

Carmichael Hinds Holland
Land Leventis Matthews
McConnell Mitchell Washington

Bryan Cork Courson
Courtney Giese Hayes, R.W.
Helmly Hinson Leatherman
Lourie Martschink McGill
Moore Mullinax O'Dell
Passailaigue Peeler Pope
Reese Rose Setzler
Shealy Smith, J.V. Stilwell
Thomas Wilson

The Senate refused to stand adjourned.

Senator LAND moved to table the motion to carry over the Bill.

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

Hinds Holland Land
Leventis Matthews Mitchell
Washington

Bryan Cork Courson
Courtney Giese Hayes, R.W.
Helmly Hinson Leatherman
Lourie Macaulay Martschink
McConnell McGill Moore
Mullinax O'Dell Passailaigue
Peeler Pope Reese
Rose Setzler Shealy
Smith, J.V. Smith, N.W. Stilwell
Thomas Wilson

The Senate refused to table the motion to carry over the Bill.

The question then was the motion to carry over the Bill.

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

Bryan Carmichael Cork
Courson Courtney Giese
Hayes, R.W. Helmly Hinson
Holland Leatherman Lourie
Macaulay Martschink McConnell
McGill Mitchell Moore
Mullinax O'Dell Passailaigue
Peeler Pope Reese
Rose Setzler Shealy
Smith, J.V. Smith, N.W. Stilwell
Thomas Washington Wilson

Land

S. 1231 was carried over.

THE SENATE PROCEEDED TO THE MOTION PERIOD.

Senator SETZLER moved that the Senate dispense with the Motion Period.

Senator LAND moved to table the motion.

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

Carmichael Hinds Holland
Land Lourie Matthews
McConnell McGill Mitchell
Washington

Bryan Cork Courson
Courtney Giese Hayes, R.W.
Helmly Hinson Leatherman
Leventis Macaulay Martschink
Moore Mullinax O'Dell
Passailaigue Peeler Pope
Reese Rose Setzler
Shealy Smith, J.V. Stilwell
Thomas Wilson

The Senate refused to table the motion. The question then was the motion to dispense with the Motion Period.

The Senate agreed to dispense with the Motion Period.

THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.

S. 417 -- Senators Waddell, Leatherman, Lourie and Hayes: A BILL TO AMEND SECTION 12-21-2726, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROOF OF LICENSING OF COIN-OPERATED MACHINES AND DEVICES, SO AS TO PROVIDE THAT PROOF OF LICENSING IS THE CONSPICUOUS DISPLAY OF THE LICENSE AT THE MACHINE LOCATION; TO AMEND SECTION 12-21-2738, RELATING TO PENALTIES FOR VIOLATIONS OF LICENSING LAWS FOR COIN-OPERATED MACHINES AND DEVICES, SO AS TO PROVIDE THAT FAILURE TO HAVE THE APPROPRIATE LICENSES ON DISPLAY CONSTITUTES A VIOLATION AND THAT EACH MACHINE IN EXCESS OF THE APPROPRIATE LICENSE DISPLAYED IS A SEPARATE VIOLATION; AND TO REPEAL SECTION 12-21-2732, RELATING TO THE ATTACHMENT OF LICENSES TO MACHINES.

The Senate proceeded to a consideration of the Bill. The question being the motion to commit the Bill, with Senator MACAULAY retaining the floor, to the Committee on Judiciary.

Senator LEATHERMAN moved that the Bill be carried over.

Senator McCONNELL raised a Point of Order that the motion was out of order inasmuch as the Senator making the motion did not have the floor.

Senator LEATHERMAN spoke on the Point of Order.

Senator LEVENTIS spoke on the Point of Order and stated that the precedent of the Senate was that Senator MACAULAY retained the floor on the Bill when last considered and automatically was afforded the floor when the Bill was next considered.

Senator McCONNELL spoke further on the Point of Order and called the PRESIDENT'S attention to the provisions of Rule 14.

The PRESIDENT sustained the Point of Order.

At 6:50 P.M., Senator THOMAS moved under Rule 15A to set a time certain of 7:00 P.M. to vote on the motion to commit the Bill to the Committee on Judiciary.

On motion of Senator THOMAS, the motion to set a time certain was withdrawn.

Senator MACAULAY spoke on the motion.

At 7:00 P.M., Senator THOMAS moved under Rule 15A to set a time certain of 7:05 P.M. to vote on the entire matter of S. 417.

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

Bryan Carmichael Cork
Courson Courtney Giese
Hayes, R.W. Helmly Hinson
Leatherman Lourie Martschink
McGill Moore O'Dell
Peeler Pope Russell
Setzler Shealy Smith, J.V.
Stilwell Thomas Wilson

Holland Land Leventis
Macaulay Matthews McConnell
Mitchell Mullinax Passailaigue
Patterson Reese Rose
Smith, N.W. Washington

Having failed to receive the necessary vote, the motion to set a time certain failed.

Senator MACAULAY continued speaking on the motion.

I voted "aye" for a time certain contrary to my belief in unlimited debate because time is not available in these last two weeks of session for unlimited discussions due to gridlock on critical issues at the end of a two-year session. I remain dedicated to the right of filibuster with the understanding I am willing to always remain on the floor no matter the time necessary.

At 7:06 P.M., Senator THOMAS moved under Rule 15A to set a time certain of 7:15 P.M. to vote on the entire matter of S. 417 and asked unanimous consent to make a motion to allow five minutes for proponents and five minutes for opponents to debate each amendment.

Senator McCONNELL objected.

Senator MACAULAY continued speaking on the motion.

At 7:16 P.M., Senator THOMAS moved under Rule 15A to set a time certain of 3:00 P.M. on Thursday, May 28, 1992, on which to vote on the entire matter of S. 417.

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

Bryan Cork Courson
Courtney Giese Hayes, R.W.
Helmly Hinson Leatherman
Lourie Macaulay Martschink
Moore Mullinax O'Dell
Peeler Pope Rose
Russell Setzler Shealy
Smith, J.V. Stilwell Thomas
Wilson

Carmichael Holland Land
Leventis Matthews McConnell
McGill Mitchell Passailaigue
Patterson Reese Smith, N.W.
Washington

Having failed to receive the necessary vote, the motion to set a time certain failed.

I voted "aye" for a time certain contrary to my belief in unlimited debate because time is not available in these last two weeks of session for unlimited discussions due to gridlock on critical issues at the end of a two-year session. I remain dedicated to the right of filibuster with the understanding I am willing to always remain on the floor no matter the time necessary.

Senator MACAULAY continued speaking on the motion.

At 7:22 P.M., Senator MATTHEWS moved that the Senate stand adjourned.

Senator ROBERT W. HAYES, JR. made a Parliamentary Inquiry as to whether or not the motion required unanimous consent inasmuch as the Senator did not have the floor.

The PRESIDENT stated that the motion would require unanimous consent.

Senator ROBERT W. HAYES, JR. objected.

Senator MACAULAY continued speaking on the motion.

At 7:50 P.M., Senator COURSON moved under Rule 15A to set a time certain of 12:00 Noon on Thursday, May 28, 1992, to vote on the entire matter of S. 417.

Senator LAND made a Parliamentary Inquiry as to whether or not the Senate would have to be considering this particular Bill at 12:00 Noon tomorrow in order for the provisions of Rule 15A to apply.

The PRESIDENT stated that for the provisions of Rule 15A to apply that the Senate must be considering S. 417, and, further, for the matter to be taken up, the motion made under Rule 15 must include the provision "to the exclusion of all other matters."

Senator BRYAN made a Parliamentary Inquiry as to whether or not the exclusion provision was incorporated when a motion under Rule 15A was made.

The PRESIDENT stated that unless the language, "to the exclusion of all other matters" was incorporated in the motion, the exclusion did not apply.

Senator COURSON moved under Rule 15A to set a time certain of 1:00 P.M. on Thursday, May 28, 1992, to vote on the entire matter of S. 417 to the exclusion of all other matters.

Senator McCONNELL raised a Point of Order that the motion was out of order inasmuch as the Senator was attempting to amend the Rules of the Senate and that the language, "to the exclusion of all other matters," was incorporated in Rule 15B, but was then amended and is not included in Rule 15A.

Senator McCONNELL raised a Point of Order that the motion under Rule 15A to vote on the entire matter of S. 417 to the exclusion of all other matters required unanimous consent.

The PRESIDENT sustained the Point of Order.

Senator McCONNELL objected.

At 8:00 P.M., Senator COURSON asked unanimous consent, with Senator MACAULAY retaining the floor, to make a motion that the Senate recede for five minutes.

Senator THOMAS objected.

Senator MACAULAY continued speaking on the motion.

At 8:05 P.M., Senator LAND asked unanimous consent to make a motion to recede until 11:00 A.M. on Thursday, May 28, 1992, and to set a time certain under Rule 15A for 2:00 P.M. on Thursday, May 28, 1992, to vote on the entire matter of S. 417.

Senator McCONNELL objected.

At 8:07 P.M., on motion of Senator McCONNELL, with Senator MACAULAY retaining the floor, the Senate receded from business not to exceed five minutes.

At 8:30 P.M., the Senate resumed.

Senator LAND asked unanimous consent to make a motion, with Senator MACAULAY retaining the floor, that the Senate stand adjourned to reconvene at 11:00 A.M. on Thursday, May 28, 1992, and that the first order of business would be S. 417, and, further, that to set a time certain of 2:00 P.M. (or earlier if Senator LAND returns to the Senate earlier than 2:00 P.M.) to vote on the motion to commit; and, further, that the motion to commit would be carried over and the amendments considered up until the 2:00 P.M. time, at which time the motion to commit, if still alive, would be considered; and, further that the time of 2:00 P.M. would be extended by an amount of time equal to the amount of time taken for any report by the Committee of Conference on H. 3044.

Senator SETZLER made a Parliamentary Inquiry as to what the first amendment pertained to.

The PRESIDENT stated that the first amendment was by Senator PASSAILAIGUE and it pertained to sales tax.

Senator SETZLER made a Parliamentary Inquiry as to whether or not a motion to concur with the House amendments would be in order.

The PRESIDENT stated that the motion to concur would be secondary to a motion to commit.

Senator PASSAILAIGUE raised a Point of Order under Rule 11, that all motions must be reduced to writing.

Senator SETZLER made a Parliamentary Inquiry as to what would be the next order of business upon the completion of S. 417.

The PRESIDENT stated that it would be the regular order of business of the Senate.

Senator SETZLER objected.

At 8:45 P.M., Senator LEVENTIS requested and was granted a leave of absence for Friday, May 29, 1992, beginning at 4:00 P.M. until Noon Tuesday.

At 8:45 P.M., Senator MITCHELL requested and was granted a leave of absence for Thursday, May 28, 1992, beginning at 3:00 P.M. until Noon Tuesday.

At 8:45 P.M., Senator HINDS requested and was granted a leave of absence for Thursday, May 28, 1992, beginning at Noon until Tuesday at Noon.

At 8:50 P.M., Senator LAND asked unanimous consent to make a motion, with Senator MACAULAY retaining the floor, that the Senate stand adjourned to reconvene at 11:00 A.M. on Thursday, May 28, 1992, and that the first order of business would be S. 417, and, further, that to set a time certain of 2:00 P.M. (or earlier if Senator LAND returns to the Senate earlier than 2:00 P.M.) to vote on the motion to commit; and, further, that the motion to commit would be carried over and the amendments considered up until the 2:00 P.M. time, at which time the motion to commit, if still alive, would be considered; and, further, that the time of 2:00 P.M. would be extended by an amount of time equal to the amount of time taken for any report(s) by the Committee of Conference on H. 3044; and further, that at the conclusion of the consideration of S. 417, the Senate would proceed directly to a consideration of S. 1077, and upon conclusion of the consideration of S. 1077, the Senate would proceed to the order of Bills subsequent to S. 1077.

On motion of Senator LAND, consideration was interrupted by adjournment. The Bill remained in the status of Adjourned Debate with Senator MACAULAY retaining the floor. The question being the motion to commit S. 417 to the Committee on Judiciary.

At 8:52 P.M., on motion of Senator LAND, the Senate adjourned to meet tomorrow at 11:00 A.M.

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