South Carolina General Assembly
109th Session, 1991-1992
Journal of the Senate

Thursday, May 28, 1992

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

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

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

Beloved, hear words recorded by St. Matthew on the Parable of the Workers in the Vineyard (20:12) (Today's English Version):

"`These men who were hired last worked only one hour,' they said, `while we put up with a whole day's work in the hot sun--- yet You paid them the same as You paid us!'"
Let us pray.

Our Father, You know what it is to live under pressure, because You... in the flesh of the Man of Galilee, lived and labored and served the public... bearing in His own body the burdens of a sinful humanity.

Grant, O Lord, to all who serve in these halls those extra measures of strength, a gift of Your grace, that they may run the last miles with zest and efficiency.

In the hour when others tire, grant that we may go to our tasks with rejoicing and confidence.

Make us aware of two needs this day, O Lord: first, the needs of those who depend on us; and, greater still, the realization of our daily need of Your help.

We pray in the Name of Him of whom the Prophet Isaiah spoke, when he said, "The government shall be upon His shoulders."

Amen.

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

MESSAGE FROM THE GOVERNOR

State Of South Carolina

Office Of The Governor

May 27, 1992
Mr. President and Members of the Senate:

I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
Carroll A. Campbell, Jr.

Local Appointments

Initial Appointments, Members, Barnwell County Board of Voter Registration, with terms to expire March 15, 1994:

Ms. Delores A. Bradley, 211 Izlar Street, Blackville, South Carolina 29817 VICE Ruby Holden

Ms. Cecile Robinson, Post Office Box 1054, Barnwell, South Carolina 29812 VICE Bennie S. Myers (resigned)

Reappointments, Members, Barnwell County Board of Voter Registration, with terms to expire March 15, 1994:

Ms. Helen A. Joyner, 3 Mansfield Drive, Williston, South Carolina 29853

Ms. Nancy E. Davis, 8 Peachtree Gardens, Barnwell, South Carolina 29812

Reappointment, Member, Spartanburg County Board of Voter Registration, with term to expire March 15, 1994:

Mr. F. Don Watson, 700 Holtfield Terrace, Spartanburg, South Carolina 29303

MESSAGE FROM THE GOVERNOR

State Of South Carolina

Office Of The Governor

May 28, 1992
Mr. President and Members of the Senate:

I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
Carroll A. Campbell, Jr.

Local Appointments

Reappointments, Williamsburg County Magistrates, with terms to expire April 30, 1994:

Mr. Lawrence W. McElveen, Route 1, Box 146, Cades, South Carolina 29518

Mr. Jerry Mishoe, Route 2, Box 253-C, Lake City, South Carolina 29560

Mr. Clyde Lambert, Route 4, Box 87, Andrews, South Carolina 29510

Mr. Leroy Burgess, Sr., Route 4, Box 200, Kingstree, South Carolina 29556

Mr. Charles D. Morris, Route 1, Box 297, Nesmith, South Carolina 29580

Mr. Bruster Harvin, Route 2, Box 52, Lane, South Carolina 29564

Ms. Cynthia Burrows, Post Office Box 956, Kingstree, South Carolina 29556

Rev. James Witherspoon, Railroad Avenue, Kingstree, South Carolina 29556

Mr. Eddie Allen Woods, Sr., Route 2, Box 19-A, Greeleyville, South Carolina 29056

Initial Appointments, Williamsburg County Magistrates, with terms to expire April 30, 1994:

Mr. Richard L. Treme, Post Office Box 673, Kingstree, South Carolina 29556 VICE R.D. Cantley

Mr. James E. Doster, Jr., Post Office Box 416, Hemingway, South Carolina 29554 VICE Charles F. Hunter

Initial Appointment, Member, Edgefield County Board of Voter Registration, with term to expire March 15, 1994:

Ms. Marie G. Adams, 210 Gary Hill Road, Edgefield, South Carolina 29824 VICE Frances P. Dorn (deceased)

Reappointments, Members, Edgefield County Board of Voter Registration, with terms to expire March 15, 1994:

Ms. Mary Ellen Painter, Post Office Box 442, Edgefield, South Carolina 29824

Ms. Elizabeth J. Greene, 588 Norris Street, Edgefield, South Carolina 29824

Ms. Ruth S. Day, Post Office Box 6, Trenton, South Carolina 29847

Ms. Ophelia M. McCain, 1601 Edgefield Road, North Augusta, South Carolina 29841

Reappointments, Members, Fairfield County Board of Voter Registration, with terms to expire March 15, 1994:

Ms. Ann S. Stewart, 120 Dogwood Avenue, Winnsboro, South Carolina 29180

Ms. Dora B. Weir, Francis Marion Drive, Winnsboro, South Carolina 29180

Ms. Emma H. Massey, Post Office Box 884, Winnsboro, South Carolina 29180

Reappointments, Members, Lancaster County Voter Registration Board, with terms to expire March 15, 1994:

Mr. George Porter Kennington, 425 Plantation Road, Lancaster, South Carolina 29720

Mr. Floyd Milton Phillips, Sr., Route 2, Box 90, Kershaw, South Carolina 29067

Mr. Robert B. Knight, 117 Oakland Circle, Lancaster, South Carolina 29720

Ms. Peggy Cobb Marshall, Route 3, Box 53, Heath Springs, South Carolina 29058

Reverend Lloyd Reid, Route 7, Box 292, Lancaster, South Carolina 29720

ACTING PRESIDENT PRESIDES

At 11:17 A.M., Senator WILLIAMS assumed the Chair.

Point of Quorum

At 11:16 A.M., Senator McCONNELL made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

Senator McCONNELL moved that a call of the Senate be made. The following Senators answered the call:
Bryan Cork Courson
Courtney Drummond Giese
Gilbert Hayes, R.W. Helmly
Hinds Hinson Leatherman
Lourie Macaulay Martschink
Matthews McConnell McGill
Moore Mullinax Passailaigue
Peeler Pope Reese
Rose Saleeby Setzler
Shealy Smith, J.V. Stilwell
Thomas Washington Williams

The Senate resumed.

PRESIDENT PRESIDES

At 11:25 A.M., the PRESIDENT assumed the Chair.

Doctor of the Day

Senator COURTNEY introduced Dr. G.B. Hodge of Spartanburg, South Carolina, Doctor of the Day.

Leave of Absence

At 11:15 A.M., Senator GIESE requested and was granted a leave of absence beginning at 10:00 P.M. tonight until the Senate convenes next week.

RECALLED AND READ THE SECOND TIME

H. 3990 -- Reps. Jennings, Baxley, M. Martin, L. Elliott, Burch, White, Harrison, Houck, Farr, J. Harris, Hodges, Snow, McElveen, Beasley, Neilson and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-165 SO AS TO PROVIDE THAT THE PROPERTY DAMAGE COVERAGE CONTAINED IN ANY AUTOMOBILE INSURANCE POLICY WRITTEN IN THIS STATE AND THE COLLISION COVERAGE, IF ANY, IN THE POLICY IS DEEMED TO COVER THE COST OF REPLACING OR REPAIRING THE AIR BAGS IN AUTOMOBILES INVOLVED IN A CLAIM UNDER THE POLICY, AND TO PROVIDE THAT NO INSURER BY ENDORSEMENT TO THE POLICY MAY EXCEPT OUT OR NEGATE THIS PROVISION.

On motion of Senator SALEEBY, with unanimous consent, the Bill was recalled from the Committee on Banking and Insurance.

There was no objection.

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

There was no objection, the Bill was read the second time.

RECALLED, READ THE SECOND TIME

WITH NOTICE OF GENERAL AMENDMENTS

H. 4510 -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 115 IN TITLE 44, RELATING TO HEALTH, SO AS TO ENACT THE PHYSICIANS' PATIENT RECORDS ACT.

On motion of Senator BRYAN, with unanimous consent, the Bill was recalled from the Committee on Medical Affairs.

There was no objection.

On motion of Senator BRYAN, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.

RECALLED, READ THE SECOND TIME

WITH NOTICE OF GENERAL AMENDMENTS

H. 4777 -- Rep. J. Harris: A BILL TO AMEND SECTION 2-68-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FOLK HERITAGE AWARD, SO AS TO AUTHORIZE THE AWARD'S ADVISORY COMMITTEE TO AWARD AN ADDITIONAL FOLK HERITAGE AWARD AND TO ADD TO THE CRITERIA FOR THE AWARD THE SIGNIFICANCE OF THE FOLK ARTS ADVOCATE IN SUPPORTING AUTHENTIC SOUTH CAROLINA TRADITIONAL CRAFT OR INTERPRETING IT TO A WIDER AUDIENCE.

On motion of Senator MOORE, with unanimous consent, the Bill was recalled from the General Committee.

There was no objection.

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

There was no objection, and the Bill was given a second reading with notice of general amendments.

RECALLED AND READ THE SECOND TIME

H. 4827 -- Reps. R. Young, Holt and Gonzales: A JOINT RESOLUTION TO DESIGNATE THAT PORTION OF INTERSTATE I-26 IN NORTH CHARLESTON, SOUTH CAROLINA, AS THE "JOHN E. BOURNE, JR. HIGHWAY".

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

There was no objection.

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

There was no objection, the Resolution was read the second time.

Ordered to a Third Reading

On motion of Senator LOURIE, with unanimous consent, H. 4827 was ordered to receive a third reading on Friday, May 29, 1992.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1589 -- Senator Moore: A SENATE RESOLUTION TO RECOGNIZE PETER T. LEE OF NORTH AUGUSTA UPON BEING NAMED THE VALEDICTORIAN FOR THE 1992 SENIOR CLASS AT NORTH AUGUSTA HIGH SCHOOL AND TO NOTE THE MANY ACCOMPLISHMENTS AND CONTRIBUTIONS OF THIS FINE YOUNG MAN TO HIS SCHOOL, HIS COMMUNITY, AND THIS STATE.

The Senate Resolution was adopted.

S. 1590 -- Senator Peeler: A CONCURRENT RESOLUTION RECOGNIZING AND SALUTING THE HEROISM OF CHANCE C. MELTON, JR., OF CHEROKEE COUNTY WHILE SERVING IN THE UNITED STATES NAVY DURING THE SECOND WORLD WAR.

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

S. 1591 -- Senators Setzler, Shealy and Wilson: A BILL TO AMEND SECTION 7-7-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS IN LEXINGTON COUNTY, SO AS TO REVISE THE DATE OF THE OFFICIAL MAP ON WHICH THESE PRECINCTS ARE SHOWN.

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

Ordered to a Second and Third Reading

On motion of Senator SETZLER, S. 1591 was ordered to receive a second and third reading on the next two consecutive legislative days.

S. 1592 -- Senator Leventis: A CONCURRENT RESOLUTION TO EXTEND THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MR. FRANK A. MCLEOD, JR. OF SUMTER COUNTY, DISTINGUISHED CITIZEN, CIVIC LEADER, AND RETIRED BUSINESSMAN.

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

H. 4894 -- Reps. Farr and Phillips: A CONCURRENT RESOLUTION CONGRATULATING UNION HIGH SCHOOL ON CAPTURING ITS FOURTH CONSECUTIVE NATIONAL SHOOTING CROWN BY WINNING THE SCHOLASTIC CATEGORY OF THE 1992 NATIONAL NRA JUNIOR THREE POSITION SMALLBORE RIFLE CHAMPIONSHIPS.

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

H. 4896 -- Reps. Scott, J. Brown, Byrd, Taylor, Harrison, Shissias, Rogers and Cromer: A CONCURRENT RESOLUTION TO EXPRESS SYMPATHY TO THE FAMILY OF RHONDA MINNETTE JACKSON MCDOWELL OF COLUMBIA.

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

H. 4836 -- Reps. Wilkins, M.O. Alexander, Anderson, Baker, Cato, Clyborne, Fair, Haskins, Jaskwhich, Manly, Mattos and Vaughn: A BILL TO PROVIDE FOR THE MANNER IN WHICH AND DISTRICTS FROM WHICH MEMBERS OF THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY MUST BE ELECTED BEGINNING IN 1992, AND TO PROVIDE THAT THE UNITED STATES CENSUS OF 1990 IS ADOPTED AS THE TRUE AND CORRECT ENUMERATION OF THE INHABITANTS OF THE GREENVILLE COUNTY SCHOOL DISTRICT FOR PURPOSES OF THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF THE DISTRICT.

Senator BRYAN explained the Bill.

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

Ordered to a Second and Third Reading

On motion of Senator BRYAN, with unanimous consent, H. 4836 was ordered to receive a second and third reading on the next two consecutive legislative days.

H. 4878 -- Rep. Littlejohn: A JOINT RESOLUTION TO PROVIDE THAT, FOR THE 1991-92 SCHOOL YEAR, PACOLET ELEMENTARY SCHOOL LOCATED IN SPARTANBURG COUNTY SCHOOL DISTRICT THREE IS EXEMPTED FROM THE REQUIREMENT THAT DAYS MISSED BE MADE UP, AS A RESULT OF A FIRE AT THE SCHOOL.

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

Ordered to a Second and Third Reading

On motion of Senator COURTNEY, with unanimous consent, H. 4878 was ordered to receive a second and third reading on the next two consecutive legislative days.

H. 4880 -- Rep. Baxley: A BILL TO AMEND ACT 259 OF 1961, AS AMENDED, RELATING TO THE HARTSVILLE COMMUNITY CENTER BUILDING COMMISSION, SO AS TO CLARIFY THAT THIS COMMISSION IS A SPECIAL PURPOSE DISTRICT.

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

Ordered to a Second and Third Reading

On motion of Senator SALEEBY, with unanimous consent, H. 4880 was ordered to receive a second and third reading on the next two consecutive legislative days.

CONCURRENCE

S. 1432 -- Senator Russell: A BILL TO AMEND ACT 345 OF 1965, AS AMENDED, RELATING TO THE SPARTANBURG COUNTY CIVIL SERVICE SYSTEM, SO AS TO PROVIDE AN EXEMPTION FROM THE RESIDENCY AND ELECTOR REQUIREMENTS FOR APPLICANTS FOR ENTRY-LEVEL POSITIONS.

The House returned the Bill with amendments.

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

CONCURRENCE

S. 1549 -- Senator Carmichael: A BILL TO AUTHORIZE THE DILLON COUNTY BOARD OF EDUCATION TO BORROW AN AMOUNT NOT TO EXCEED FOUR HUNDRED EIGHTY THOUSAND DOLLARS TO BE USED FOR SCHOOL CONSTRUCTION IN DILLON COUNTY SCHOOL DISTRICT 3 AND TO PROVIDE FOR THE REPAYMENT OF THE LOAN.

The House returned the Bill with amendments.

On motion of Senator CARMICHAEL, 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.

REFERRED TO THE LOCAL DELEGATION

S. 942 -- Senator Russell: A BILL TO AMEND ACT 345 OF 1965, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE CIVIL SERVICE SYSTEM FOR THE CITY OF SPARTANBURG, SO AS TO PROVIDE THAT APPLICANTS FOR ENTRY LEVEL POSITIONS ARE EXEMPT FROM THE RESIDENCY REQUIREMENT AND THE REQUIREMENT TO BE AN ELECTOR OF SPARTANBURG COUNTY, TO PROVIDE THAT APPLICANTS MUST BE NOT LESS THAN EIGHTEEN YEARS OF AGE RATHER THAN NOT LESS THAN TWENTY-ONE YEARS OF AGE, AND TO DELETE THE REQUIREMENT THAT AN APPLICANT MAY NOT BE MORE THAN THIRTY-FIVE YEARS OF AGE.

The House returned the Bill with amendments.

The question was concurrence with House amendments.

On motion of Senator RUSSELL, the Bill was ordered referred to the Spartanburg Delegation.

There was no objection.

HOUSE CONCURRENCE

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.

Returned with concurrence.

Received as information.

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.

Returned with concurrence.

Received as information.

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.

Returned with concurrence.

Received as information.

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.

Returned with concurrence.

Received as information.

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.

Returned with concurrence.

Received as information.

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.

Returned with concurrence.

Received as information.

ORDERED ENROLLED FOR RATIFICATION

The following Joint Resolution 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. 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.

(By prior motion of Senator MATTHEWS)

HOUSE BILLS RETURNED

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

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.

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

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.

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

Amended, Read the Third Time, Returned to the House

H. 3253 -- Reps. Rudnick, Waites, Cromer, Smith, Wilder, Kempe and Klapman: A BILL TO AMEND SECTION 7-7-990, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BARRIER-FREE POLLING PLACES FOR PHYSICALLY HANDICAPPED ELECTORS, SO AS TO PROVIDE THAT AN ELECTOR WHO IS PERMANENTLY HANDICAPPED IS NOT REQUIRED TO REREGISTER IN ORDER TO VOTE AT THE BARRIER-FREE POLLING PLACE.

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 (JUD3253.002) previously proposed by Senator HOLLAND and printed in the Journal of May 21, 1992.

Senator HOLLAND asked unanimous consent to withdraw the amendment (JUD3253.002) previously proposed by Senator HOLLAND on May 21, 1992.

There was no objection.

Senator BRYAN proposed the following amendment (JUD3253.005), which was adopted:

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

/SECTION . The provisions of Sections 7-7-710 through 7-7-810 do not apply to Act 26 of 1991./

Renumber sections to conform.

Amend title to conform.

Senator HOLLAND proposed the following amendment (JUD3253.006), which was adopted:

Amend the bill, as and if amended, by striking SECTION 3 and adding the following appropriately numbered new SECTIONS:

/SECTION ___. (A) The official boundaries of the precincts, wards, or voting places of the several counties designated and established pursuant to Article 1 of Chapter 7 of the 1976 Code as amended are modified, designated, and established as the boundaries of the official census voting tabulation districts designated pursuant to Public Law 94-171 and filed with the Division of Research and Statistical Services of the South Carolina Budget and Control Board.

(B) The precincts, wards, or voting places of the several counties as established pursuant to subsection (A) shall be the precincts, wards, or voting places to be used in the conduct and holding of any general, primary, or special election held on or after August 25, 1992.

SECTION ___. The Division of Research and Statistical Services of the South Carolina Budget and Control Board shall establish and maintain a unique system of numbering the official census voting tabulation district maps and attendant written boundary description to be used for the official identification of a precinct, ward, or voting place.

SECTION ___. Article 3, Chapter 7 of Title 7 of the 1976 Code is amended to read:

"Article 3

Section 7-7-710. The State Election Commission shall report the names of all polling precincts by county that have more than one thousand five hundred registered electors as of January first to the General Assembly not later than the fourth Tuesday of each odd-numbered year. If, by April first of the same year,the General Assembly has failed to alter the precincts so that no precinct shall have more than one thousand five hundred qualified electors the State Election Commission shall notify the respective county registration boards which shall make such alterations as necessary to conform all precincts to such limitations. Provided, that precincts isolated by water shall not be required to meet minimum requirements. No precinct shall be enlarged, consolidated, or diminished except by the procedures prescribed by this chapter. A county voter registration board may, as authorized by this chapter, enlarge, consolidate, or diminish a precinct. The county voter registration board shall hold a public hearing on the nature and reasons for such modifications prior to making a determination as to whether a precinct shall be enlarged, consolidated, or diminished.

Section 7-7-720. Any person whose registration is transferred to another precinct by virtue of the provisions of this article must be delivered, by mail, notification from the county registration board reflecting the new precinct. Any person whose notification is returned to the board of registration because he is no longer at the address shown on the board's records must have his name removed from the registration books. The county registration office must notify the State Election Commission of the removal. Further notice to the elector is not required. If the elector's name has been deleted solely by reason of the return of the notification, his name must be restored as a matter of course to the registration books immediately upon his request if he is otherwise qualified to vote in that precinct. Modification of the area included with the boundary of a precinct may only be accomplished by using the census block unit of geography. A change in a precinct boundary resulting from any modification must use a clearly identifiable, U. S. census recognized man-made or natural feature to establish the new boundary in accordance with the provisions of Public Law 94-171.

Section 7-7-730. When a precinct has more than one thousand five hundred registered electors and an additional polling place is provided within the precinct and no polling place in such precinct is assigned more than one thousand five hundred electors the provisions of Section 7-7-710 shall be deemed to be complied with. Also, the provisions of such section shall be deemed to be complied with if the precinct list is alphabetically divided so that no list contains more than one thousand five hundred electors and separate managers and facilities are provided within the polling place for each list of electors. Local registration boards dividing precincts alphabetically shall notify the Election Commission of such division so that separate alphabetically arranged poll lists may be printed by the State Election Commission. The county voter registration board shall publish notice of such public hearing once a week for three successive weeks in a newspaper of general circulation in the county. Such notice shall contain:

(1) the time of the public hearing which shall be not less than sixteen days following the first publication of the notices;

(2) the place of the hearing;

(3) the hearing procedures and requirements;

(4) the nature of the change to be made in the precinct or precincts;

(5) a brief description of the new precinct lines to result if the proposed change is made; and
(6) a summary of the reasons for the proposed change.

Section 7-7-740. (A) The public hearing shall be conducted by the county voter registration board or by a member designated by the board. The proponents and opponents of the proposed action shall be given an opportunity to be heard in accordance with any procedures established and made known by the board at the time of the publishing of the notice.

(B) Within ten days after the hearing, the county voter registration board shall by resolution make a finding as to whether the boundaries of the precinct or precincts shall be changed and shall specify the description of the boundaries of the affected precincts.

(C) The county voter registration board shall send a copy of the resolution to the Division of Research and Statistical Services of the South Carolina Budget and Control Board for review and certification of the new boundary description of a modified precinct and for the division to produce the official map of the modified precinct.

(D) No change in a precinct boundary shall be effective for the purpose of the conduct of an election unless ratified by an act of the General Assembly at the session immediately preceding the year in which the election is to be held.

Section 7-7-750. The Division of Research and Statistical Services of the South Carolina Budget and Control Board shall be responsible for maintaining a complete set of certified and numbered maps of each precinct in the State. The division shall provide a complete set of certified and stamped maps of each precinct within the county to the county voter registration board and shall provide a complete statewide set to the State Election Commission.

Section 7-7-770. Any person whose registration is transferred to another precinct by virtue of the provisions of this article must be delivered, by mail, notification from the county voter registration board reflecting the new precinct. Any person whose notification is returned to the county voter registration board because he is no longer at the address shown on the board's records must have his name removed from the registration books. The county registration office must notify the State Election Commission of the removal. Further notice to the elector is not required. If the elector's name has been deleted solely by reason of the return of the notification, his name must be restored as a matter of course to the registration books immediately upon his request if he is otherwise qualified to vote in that precinct.

Section 7-7-790. The State Election Commission shall report the names of all precincts by county that have more than one thousand five hundred registered electors as of January first to the appropriate county voter registration board and to the General Assembly not later than the fourth Tuesday of each odd-numbered year. No precinct shall have more than one thousand five hundred qualified electors. If any precinct shall have more than one thousand five hundred qualified electors, the respective county voter registration board shall make such recommendations for alterations as necessary to conform all precincts to such limitations. In making such recommendations, the county voter registration board shall follow the procedures prescribed in this article. If, by April first of the same year, the county voter registration board has failed to submit proposed precinct alterations to the Division of Research and Statistical Services, the division shall conduct a public hearing in the county pursuant to Section 7-7-730 and prepare such alterations as may be necessary for compliance with this section. Provided, that precincts isolated by water shall not be required to meet minimum requirements.

Section 7-7-810. When a precinct has more than one thousand five hundred registered electors and an additional polling place is provided within the precinct and no polling place in such precinct is assigned more than one thousand five hundred electors, the provisions of Section 7-7-790 shall be deemed to be complied with. Also, the provisions of such section shall be deemed to be complied with if the precinct list is alphabetically divided so that no list contains more than one thousand five hundred electors and separate managers and facilities are provided within the polling place for each list of electors. Local county voter registration boards dividing precincts alphabetically shall notify the Election Commission of such division so that separate alphabetically arranged poll lists may be printed by the State Election Commission."

SECTION ___. The Attorney General is designated the submitting authority to make all required submissions to the United States Department of Justice under Section 5 of the Voting Rights Act, as amended, 42 U.S.C. 1973a.

SECTION ___. All SECTIONS of this act shall take effect upon approval by the Governor except that the provisions of Sections 7-7-710 through 7-7-810 shall take effect October 1, 1992./

Renumber remaining SECTIONS to conform.

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.

Amended, Read the Third Time, Returned to the House

H. 4245 -- Reps. J. Harris, Harvin, Kirsh, Sharpe, G. Brown, Jaskwhich, Rogers, H. Brown, Keyserling, Waites, Mattos, Cromer, J. Bailey, K. Burch, McAbee, P. Harris, Chamblee, Boan, Jennings, Stoddard, Phillips, Hodges, McTeer, Wilkins, Carnell, J.W. Johnson, Rudnick, M. Martin and D. Elliott: A BILL TO AMEND TITLE 60, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 12 SO AS TO GIVE AUTHORITY TO THE DEPARTMENT OF ARCHIVES AND HISTORY TO IDENTIFY, RECORD, AND EVALUATE ALL STATE-OWNED OR LEASED FACILITIES TO DETERMINE WHICH OF THESE FACILITIES MAY BE CONSIDERED HISTORICALLY SIGNIFICANT, TO REQUIRE THE DEPARTMENT TO PROVIDE COPIES OF THE INVENTORY TO DEPARTMENTS, AGENCIES, AND INSTITUTIONS WHICH HAVE JURISDICTION OVER THE BUILDINGS AND SITES LISTED, TO AUTHORIZE THE DEPARTMENT OF ARCHIVES AND HISTORY TO INSTITUTE A HISTORIC PRESERVATION REVIEW PROCESS FOR PERMANENT IMPROVEMENTS AND CONSTRUCTION AFFECTING HISTORIC PROPERTIES OR FACILITIES, TO AUTHORIZE THE DEPARTMENT OF ARCHIVES AND HISTORY TO PROMULGATE REGULATIONS TO EFFECTUATE THE PROVISIONS OF THIS CHAPTER, AND TO PROVIDE FOR EXCEPTIONS.

Senator ROSE 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 (RES4245.02), which was adopted:

Amend the bill, as and if amended, by inserting a new SECTION to read as follows:
SECTION . Section 54-7-670(G)(3)(a) of the 1976 Code is amended to read:

"(a) The institute shall review each list of objects and within sixty days from the receipt of the quarterly report release title to all specimens artifacts reported."

Amend title to conform.

Renumber sections 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.

Amended, Read the Third Time, Returned to the House

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

Senator HINDS asked unanimous consent to reconsider the vote whereby the amendment proposed by Senator HINDS was adopted on Wednesday, May 27, 1992.

There was no objection.

Senator HINDS asked to withdraw the amendment.

There was no objection.

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

Senator BRYAN proposed the following amendment (JUD4291.002), which was adopted:

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

/SECTION . Section 61-3-1000 of the 1976 Code is amended to read:

"Section 61-3-1000. Every retail dealer shall maintain a separate store or place of business with only one not more than two means of public ingress or egress from the front which must be on the front or the same side of the building except that the doors may be located at the corner of two adjacent sides of the building. One additional door, not in the front, is allowed to be used solely for the receipt of commercial deliveries and as an emergency exit. The additional door must remain closed and secured at all times except when used for such purposes. The place of business may have storage areas with openings no smaller than thirty-six inches adjoining the selling area and may have two toilet facilities for the use of authorized persons only.

Red dots not exceeding thirty-six inches in diameter may be placed on each side of the building and on the rear and front of the building.

A metal sign, not to exceed thirty-six inches in diameter, may be attached to the front of the building or may be suspended from the front of the building. The near edge of the sign may not exceed thirty-six inches from the store front. The words ABC Package Store, the owner's name, and license number must may appear thereon on the sign. Letters must be white with a red background. Letters must be no more than six inches high and no more than four inches wide. Retail dealers may attach to their stores one additional sign not exceeding the dimensions of ten feet by four feet. This sign may only be white and may only contain the words `ABC Package Store' in black letters. No other letters or symbols may be placed on this sign.

Retail dealers may place signs containing the words `ABC Package Store' in shopping center directories as long as the signs are the same size as those listing other stores in the directory.

Retail dealers may place one sign, not to exceed three feet by three feet, off of their licensed premises. This sign may only be white, and may only contain the words `ABC Package Store' in black letters. This sign may also contain a red dot and a black arrow showing the direction to the package store. No other words or symbols may be placed on this sign.

A retail dealer may place a reasonable number of signs on his licensed premise indicating the designated parking for his licensed premise. In no case may the number of signs be more than the number of parking spaces. These signs may only be white and may only contain the words `ABC Package Store Parking' in black letters. No other letters or symbols may be placed on the signs. The signs may be painted on the pavement with letters not exceeding six inches in height and four inches in width or may be placed as a vertical sign which may not exceed six inches in height and twenty inches in length. The top of each vertical sign may not be more than twenty inches from the ground. A retail dealer may have only one type of sign per parking space.

Signs by retail liquor dealers other than those specifically authorized by this section are prohibited, and retail dealers may not display signs other than those authorized by this section that are visible from outside their places of business."

SECTION . Section 61-3-1010 of the 1976 Code is amended to read:

"Section 61-3-1010. Every retail dealer shall display all retail prices on the shelf under each brand and bottle size. No bottles of alcohol alcoholic liquors or no packages containing alcoholic liquors shall may be displayed in the front or windows of the store or place of business of any a retail dealer. However, a retailer may display signs within the store or place of business with the price and bottle size in letters of any size. These signs must not be visible from outside the store or place of business."

SECTION . Section 61-3-1020 of the 1976 Code, as last amended by Act 39 of 1991, is further amended to read:

"Section 61-3-1020. Subject to Section 61-3-1030, no other goods, wares, or merchandise may be kept or stored in or sold in or from a retail alcoholic liquor store or place of business, and no place of amusement may be maintained in or in connection with the store.

However, retail dealers may sell drinking glassware packaged together with alcoholic liquors if the glassware and alcoholic liquors are packaged together by the wholesaler or manufacturer producer in packaging provided by the manufacturer producer. Retail dealers also may sell nonalcoholic beverages, other than beer or wine, packaged together with alcoholic liquors if the nonalcoholic beverages and alcoholic liquors are in sealed packages and are packaged together by the manufacturer alcoholic liquor producer at its place of business."

SECTION . The 1976 Code is amended by adding:

"Section 61-7-305. It is unlawful for a wholesale or retail dealer to redeem proof-of-purchase certificates for any promotional item. However, this subsection does not preclude a producer from redeeming by mail proof-of-purchase certificates for nonalcoholic promotional items."/

Renumber sections to conform.

Amend title to conform.

Senator BRYAN 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.

Read the Third Time, Returned to the House

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.

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

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.

Amended, Read the Third Time, Returned to the House

H. 4359 -- Reps. McAbee, Rhoad, T.C. Alexander and McTeer: A BILL TO AMEND SECTION 48-23-295, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORESTRY SERVICES AVAILABLE TO LANDOWNERS, STATE AGENCIES, COUNTIES, AND MUNICIPALITIES, SO AS TO INCLUDE PROCESSING FOREST TREE SEED, PROVIDE FOR RECEIPTS FROM RELATED ACTIVITIES AND RENTALS TO BE RETAINED BY THE FORESTRY COMMISSION INSTEAD OF DEPOSITED IN THE GENERAL FUND, AND AUTHORIZE THE COMMISSION TO CARRY FORWARD UNEXPENDED FUNDS.

Senator MACAULAY 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 MACAULAY proposed the following amendment (N05\8648.BD), which was adopted:

Amend the bill, as and if amended, by striking Section 48-23-295(C) and inserting:

/(C) One hundred percent of the receipts from these activities and rentals shall must be deposited in the General Fund retained by the commission for administration and operation of the forestry services program in the units which the estimated costs determine the fees charged generating these receipts, provided the receipts from processing forest tree seed may be used agency-wide. The administration of this section shall be is under the State Forester. The landowner shall compensate the commission according to rates established by it. The commission may carry forward unexpended funds under this subsection to be used for these purposes./

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.

Read the Third Time, Returned to the House

H. 4367 -- Rep. McLeod: A BILL TO AMEND SECTION 61-3-1000, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STRUCTURAL AND OTHER REQUIREMENTS FOR RETAIL LIQUOR STORES, SO AS TO DELETE REQUIREMENTS RELATING TO ENTRANCES AND EXITS, SIGN MATERIAL, SIZE, AND CONTENT; AND TO REPEAL SECTION 61-3-1010, RELATING TO REQUIREMENT FOR THE DISPLAY OF PRICES AND STOCK IN RETAIL LIQUOR STORES.

Senator PATTERSON 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.

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

Amended, Read the Third Time, Returned to the House

H. 4561 -- Reps. Jennings, J. Harris and K. Burch: A BILL TO AMEND SECTION 50-11-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, SO AS TO REVISE THE SEASON IN GAME ZONE 5.

Senator HOLLAND 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 LAND proposed the following amendment (RES4561.02), which was adopted:

Amend the bill, as and if amended, page 1, line 35, by striking /September first/ and inserting /September first August fifteenth/.

Amend the bill further, as and if amended, page 1, line 39, by striking /fifteenth/ and inserting /fifteenth first/.

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.

Amended, Read the Third Time, Returned to the House

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.

Senator LEATHERMAN 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 LEATHERMAN proposed the following amendment (JIC\6652.HC), which was adopted:

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

/SECTION 1. Section 12-36-2120(9)(b) of the 1976 Code is amended to read:

"(b) the generation of heat or power used in manufacturing tangible personal property for sale. For purposes of this item, `manufacturer' or `manufacturing' includes the activities of a processor;".

SECTION 2. Section 12-36-2120(19) of the 1976 Code is amended to read:

"(19) electricity used by manufacturers, miners, or quarriers to manufacture, mine, or quarry tangible personal property for sale. For purposes of this item, `manufacturer' or `manufacture' includes the activities of processors;".

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.

Amended, Read the Third Time, Returned to the House

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.

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

Senator HOLLAND proposed the following amendment (ANTIOCH2.AMD), which was adopted:

Amend the bill, as and if amended, page 2, line 25, through page 10, line 23, by striking SECTION 2 in its entirety and inserting a new SECTION 2 to read as follows:

/SECTION 2. Act 930 of 1970 is amended by adding:

"SECTION 1A. There are created nine single-member districts for the election of the school trustees of Kershaw County as follows:

DISTRICT 1

Area Population

Kershaw County

DOBYS MILL 1,295

LUGOFF 1

Tract 9704.00

Blocks: 182, 183, 318, 320, 321, 322, 323, 324, 325, 326, 345, 346, 347, 348, 349, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 571, 572, 573, 574, 575, 576 1,239

LUGOFF 2 2,427

DISTRICT TOTAL 4,961

DISTRICT 2

Area Population

Kershaw County

ELGIN 1 2,803

ELGIN 2

Tract 9709.00

Blocks: 111, 113, 121, 122, 123, 124, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140A, 140B, 141, 142, 143, 144, 145, 146, 147, 148, 149, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168A, 168B, 218, 219, 220, 221, 222, 223, 225, 227, 228, 229, 230, 231, 232, 233, 236, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 301, 302A, 302B, 303, 304, 305A, 305B, 306A, 306B, 307, 308, 309, 310, 311, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 336, 338A, 338B, 338C, 339, 340A, 340B, 341A, 341B, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 388 2,141

DISTRICT TOTAL 4,944

DISTRICT 3

Area Population

Kershaw County

ELGIN 2

Tract 9709.00

Blocks: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 112, 114, 115, 116, 117, 118, 119, 120, 125, 126, 150, 151, 152, 153, 154, 155, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 224, 226 560

LUGOFF 1

Tract 9704.00

Blocks: 309, 310, 311, 313, 314, 315, 316, 317, 319, 327, 328, 329, 330, 331, 332, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344 177

LUGOFF 3 1,292

RABONS CROSSROADS 1,671

SALT POND 1,210

DISTRICT TOTAL 4,910

DISTRICT 4

Area Population

Kershaw County

CAMDEN 1 1,356

CHARLOTTE THOMPSON 1,955

RIVERDALE

Tract 9705.00

Blocks: 741, 742, 743, 744, 745, 746, 747, 748, 749, 750, 751 224

Tract 9708.00

Blocks: 602, 603, 604, 605, 606, 607, 608D, 620, 621, 622, 623, 624, 625, 626, 627, 628, 701, 702, 705, 706, 707, 708, 709, 710, 711, 712, 713 1,230

DISTRICT TOTAL 4,765

DISTRICT 5

Area Population

Kershaw County

CAMDEN 2

Tract 9708.00

Blocks: 317, 318, 319, 320, 321, 322, 323, 328, 329, 330 323

CAMDEN 3

Tract 9705.00

Blocks: 737, 738 0

Tract 9708.00

Blocks: 207, 208, 209, 210, 211, 212, 213, 214, 215, 222, 223 335

CAMDEN 4

Tract 9705.00

Blocks: 601, 602, 603, 604, 605, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 725A, 735A, 736 742

CAMDEN 5A

Tract 9705.00

Blocks: 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 394, 395, 415, 416, 452, 453, 454, 455, 456, 457, 458 581

CAMDEN 5

Tract 9705.00

Blocks: 417B, 701, 702A, 702B, 703A, 703B, 704, 717, 718A, 718B, 719 66

LIBERTY HILL 385

RIVERDALE

Tract 9705.00

Blocks: 716B, 720, 721A, 721B, 721C, 722, 723, 724, 725B, 726, 727, 728, 729, 730, 731, 732A, 732B, 732C, 732D, 733A, 733B, 734A, 734B, 735B, 739, 740, 752, 753, 754 175

Tract 9708.00

Blocks: 703, 704 0

SHAYLORS HILL 925

SPRINGDALE

Tract 9705.00

Blocks: 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 240, 241, 242, 243, 244, 245, 251, 252, 253, 446, 448, 449 450

WESTVILLE

Tract 9703.00

Blocks: 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 323, 324, 325, 326, 353, 354, 355, 356, 357, 358, 359, 360, 361, 386, 387, 388, 389, 390, 391, 392, 393, 394 289

Tract 9705.00

Blocks: 111, 116, 117, 118, 119, 137, 138, 139, 164, 165, 166, 167, 168, 169, 170, 171, 193, 194, 195, 196, 197 445

DISTRICT TOTAL 4,716

DISTRICT 6

Area Population

Kershaw County

BETHUNE 1,877

BUFFALO 1,277

CASSATT 1,316

GATES FORD 441

DISTRICT TOTAL 4,911

DISTRICT 7

Area Population

Kershaw County

CAMDEN 2

Tract 9708.00

Blocks: 305, 311, 312, 314, 315, 316, 324, 325, 326, 327, 331, 332 251

CAMDEN 3

Tract 9708.00

Blocks: 201, 202, 203, 204, 205, 206, 216, 217, 218, 219, 220, 221, 224, 225, 226, 306, 307, 308, 309, 310, 313 673

CAMDEN 4

Tract 9705.00

Blocks: 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 606, 607, 608, 609, 610, 624, 625, 626 858

CAMDEN 5A

Tract 9705.00

Blocks: 234A, 382, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414 305

CAMDEN 5

Tract 9705.00

Blocks: 417A, 417C, 418, 438A, 439, 450A, 451, 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, 715, 716A 496

CAMDEN 6

Tract 9708.00

Blocks: 103, 114, 115, 116, 120, 126A, 127A, 128, 129, 130, 131, 132, 136, 137, 139, 140, 141, 142, 143A, 144A, 144B, 145A, 146A, 158A, 158B, 159A, 160, 301, 302, 303, 304, 333, 334 442

SPRINGDALE

Tract 9705.00

Blocks: 201, 202, 203, 204, 205, 206, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233A, 233B, 234B, 235, 236A, 236B, 237, 238, 239, 246, 247A, 247B, 248, 249, 250, 342, 343, 344, 345, 346, 347, 348, 349, 350, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 367, 368, 369, 370, 371, 419, 420, 421, 422, 423, 424, 425A, 425B, 426, 427, 428A, 428B, 428C, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438B, 440, 441, 442, 443, 444, 445, 447, 450B 1,757

DISTRICT TOTAL 4,782

DISTRICT 8

Area Population

Kershaw County

ANTIOCH 820

EAST CAMDEN-HERMITAGE 929

MALVERN HILL

Tract 9706.00

Blocks: 240, 241, 242, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424 1,052

WHITE GARDENS 2,035

DISTRICT TOTAL 4,836

DISTRICT 9

Area Population

Kershaw County

AIRPORT 2,308

CAMDEN 6

Tract 9708.00

Blocks: 101B, 102A, 102B, 102D, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 117, 118, 119, 133, 134, 135, 138 159

MALVERN HILL

Tract 9706.00

Blocks: 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 243, 272, 273 856

SPRINGDALE

Tract 9705.00

Blocks: 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 351, 352, 353, 354, 355, 366, 396, 397 62

WESTVILLE

Tract 9702.00

Blocks: 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 254, 258, 259, 260, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 279, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293 385

Tract 9703.00

Blocks: 301, 302, 303, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385, 395, 396, 397 574

Tract 9705.00

Blocks: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163 430

DISTRICT TOTAL 4,774/

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.

Amended, Read the Third Time, Returned to the House

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, TO ABOLISH THE DARLINGTON COUNTY BOARD OF VOTER REGISTRATION AND DARLINGTON COUNTY ELECTION COMMISSION AND TO CREATE THE DARLINGTON COUNTY BOARD OF ELECTIONS AND REGISTRATION.

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

Senator SALEEBY proposed the following amendment (RES4871.01), which was adopted:

Amend the bill, as and if amended, by inserting a new SECTION 2 to read:

/"SECTION 2. (A)(1) There is created the Darlington County Board of Elections and Registration. There are seven members of the board who must be appointed by the Governor upon the recommendation of a majority of the Darlington County Legislative Delegation for terms of fours years until their successors are appointed and qualify except that of those first appointed, three must be appointed for initial terms of two years each, the initial terms of all members to be designated by the appointing authority.

(2) Vacancies on the board must be filled by appointment in the manner of original appointment for the remainder of the unexpired term.

(3) Members of the board and its staff shall receive that compensation as may be appropriated by the governing body of Darlington County upon the recommendation of the county legislative delegation.

(4) One of the seven members of the board shall serve as its chairman and the member to serve as chairman must be designated by the county legislative delegation.

(5) A member who misses three consecutive meetings of the board is considered to have resigned his office and a vacancy therein shall exist which must be filled in the manner provided by subsection (B).

(B) The Darlington County Election Commission and the Darlington County Registration Board are abolished on the effective date of this act and the powers and duties of the commissioners of Election and the Registration Board are devolved upon the new Board of Elections and Registration created by Section 1 of this act.

(C) The current members of the Darlington County Election Commission and the Darlington County Registration Board shall act as the governing body of the new Darlington County Board of Elections and Registration established herein until such time as the seven members of this board appointed in the manner provided by this act take office. At this time, the terms of these former commissioners of election and registration board members shall expire."

Renumber remaining Section(s) to Conform.

Amend the title to read as follows:

"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, TO ABOLISH THE DARLINGTON COUNTY BOARD OF VOTER REGISTRATION AND DARLINGTON COUNTY ELECTION COMMISSION AND TO CREATE THE DARLINGTON COUNTY BOARD OF ELECTIONS AND REGISTRATION."/

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

THIRD READING BILLS

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

S. 1573 -- Senator Peeler: A BILL TO FURTHER PROVIDE FOR THE MANNER IN WHICH AND DISTRICTS FROM WHICH MEMBERS OF THE BOARD OF TRUSTEES OF CHEROKEE COUNTY SCHOOL DISTRICT 1 SHALL BE ELECTED.

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.

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

Read the Third Time, Sent to the House

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.

Senator LOURIE 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 sent to the House of Representatives.

Amended, Read the Third Time, Sent to the House

S. 1533 -- Senators Matthews and Washington: A BILL TO REQUIRE THE ALLENDALE COUNTY BOARD OF EDUCATION TO SUBMIT A BUDGET AND ANNUAL TAX LEVY TO THE COUNTY AUDITOR, TO AUTHORIZE THE BOARD TO SET THE SCHOOL TAX MILLAGE ANNUALLY WITH CERTAIN LIMITATIONS, TO REQUIRE A PUBLIC HEARING ON THE PROPOSED MILLAGE, AND TO REQUIRE A REFERENDUM TO EXCEED THE AUTHORIZED MILLAGE; AND TO REPEAL SECTIONS 21-1101 AND 21-1102, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1962, RELATING TO THE POWERS AND DUTIES OF THE BOARD OF EDUCATION OF ALLENDALE COUNTY AND THE LEGISLATIVE DELEGATION'S AUTHORITY TO SET THE ANNUAL SCHOOL TAX MILLAGE.

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

Senator MATTHEWS proposed the following amendment (BR1\2862.AC), which was adopted:

Amend the bill, as and if amended, Section 1, page 2, line 8, by inserting /, at district expense/ before the period at the end of the paragraph.

Amend further by deleting Section 3 and inserting:

/SECTION 3. This act applies to school years beginning with the 1993-94 school year./

Renumber sections to conform.

Amend title to conform.

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

SECOND READING BILLS

WITH NOTICE OF GENERAL AMENDMENTS

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

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.

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

Read the Second Time with Notice of General Amendments

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.

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

There was no objection.

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

Senator LEVENTIS asked unanimous consent for the Bill to get a second reading with notice of general amendments, carrying over all amendments on third reading.

There was no objection and the Bill was read the second time with notice of general amendments.

Read the Second time with Notice of General Amendments

H. 4281 -- Rep. Snow: A BILL TO AMEND SECTION 46-13-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTRATION OF PESTICIDES AND RELATED DEVICES, SO AS TO CHANGE THE REGISTRATION RENEWAL DATE AND REVISE THE FEES; TO AMEND SECTION 46-13-60, AS AMENDED, RELATING TO THE STANDARDS FOR CERTIFICATION OF APPLICATORS OF PESTICIDES, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS WHEN THE LICENSE OF AN APPLICATOR WHOSE FINANCIAL RESPONSIBILITY LAPSES, EXPIRES, OR CEASES TO COMPLY IS SUSPENDED AND DELETE THE REFERENCE TO CANCELED LICENSES; TO AMEND SECTION 46-13-100, RELATING TO EVIDENCE OF FINANCIAL RESPONSIBILITY FOR A COMMERCIAL APPLICATOR'S LICENSE, SO AS TO PROVIDE FOR COVERAGE OF THE APPLICATION OF PESTICIDES BY THE APPLICATOR OR HIS AGENTS OR EMPLOYEES, REVISE THE AMOUNT AND EVIDENCE REQUIRED FOR FINANCIAL RESPONSIBILITY, PROVIDE REQUIREMENTS FOR A SURETY BOND OR INSURANCE POLICY, PROVIDE FOR AERIAL APPLICATORS, PROVIDE FOR SELF-INSURANCE, AND PROVIDE REQUIREMENTS FOR THE INSURANCE OR BOND COVERAGE FOR COMMERCIAL APPLICATORS; AND TO AMEND SECTION 46-13-210, RELATING TO JUDICIAL REVIEW OF ACTION BY THE DIRECTOR OF THE DIVISION OF REGULATORY AND PUBLIC SERVICE PROGRAMS, COLLEGE OF AGRICULTURAL SCIENCES, CLEMSON UNIVERSITY, SO AS TO PROVIDE FOR REVIEW ONLY OF CONTESTED CASES AND PROVIDE THAT A WARNING OR A CAUTIONARY LETTER IS NOT JUDICIALLY REVIEWABLE.

Senator LAND 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 previously proposed and printed in the Journal of April 29, 1992.

The Bill was read the second time, passed and ordered to a third reading with notice of general amendments, carrying over all amendments to third reading.

Read the Second Time with Notice of General Amendments

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.

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

There was no objection.

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

The Resolution was read the second time, passed and ordered to a third reading with notice of general amendments.

SECOND READING BILLS

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

H. 4837 -- Rep. McAbee: A BILL TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO CLOSE AND REMOVE FROM THE STATE HIGHWAY SYSTEM A PORTION OF HIGHWAY 31 LOCATED IN MCCORMICK COUNTY.

Ordered to a Third Reading

On motion of Senator DRUMMOND, H. 4837 was ordered to receive a third reading on Friday, May 29, 1992.

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.

(By prior motion of Senator ROSE)

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.

(By prior motion of Senator ROBERT W. HAYES, JR.)

Read the Second Time

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.

Senator ROBERT W. HAYES, JR. 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 second reading of the Bill.

The Bill was read the second time.

Ordered to a Third Reading

On motion of Senator ROBERT W. HAYES, JR., with unanimous consent, S. 1581 was ordered to receive a third reading on Friday, May 29, 1992.

Read the Second Time

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.

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

There was no objection.

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

The Resolution was read the second time.

Ordered to a Third Reading

On motion of Senator LOURIE, with unanimous consent, S. 1582 was ordered to receive a third reading on Friday, May 29, 1992.

Read the Second Time

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

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

The Resolution was read the second time.

Ordered to a Third Reading

On motion of Senator SETZLER, with unanimous consent, H. 4825 was ordered to receive a third reading on Friday, May 29, 1992.

Read the Second Time

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.

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 second reading of the Bill.

The Bill was read the second time, passed and ordered to a third reading.

Read the Second Time

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.

Senator LOURIE 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 second reading of the Bill.

The Bill was read the second time.

Ordered to a Third Reading

On motion of Senator LOURIE, H. 4519 was ordered to receive a third reading on Friday, May 29, 1992.

Amended, Read the Second Time

H. 3907 -- Reps. Mattos, P. Harris, Manly and Townsend: A BILL TO REVISE THE CHARGES FOR ENVIRONMENTAL PERMITS, LICENSES, AND CERTIFICATES REQUIRED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL UNDER THE POLLUTION CONTROL ACT, THE SAFE DRINKING WATER ACT, THE HAZARDOUS WASTE MANAGEMENT ACT, THE OIL AND GAS ACT, AND DEPARTMENT REGULATIONS.

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

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

Senator J. VERNE SMITH proposed the following amendment (JIC\6659.HC), which was adopted:

Amend the bill, as and if amended, page 3, by inserting immediately after line 27:

/Fees may be charged up to the level indicated for laboratory procedures./

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

/SECTION ___. (A) Section 44-7-84 of the 1976 Code, as last amended by Act 171 of 1991, is further amended by deleting subsection (D) which reads:

"(D) (1) The department shall assess each nursing home an annual administrative fee of five dollars for each patient day used for the issuance and administration of the Medicaid days permit program. The funds generated from this fee must be remitted to the State Treasurer and credited to the general fund of the State.

(2) Within ninety days from the collection, but not later than January first of each year, the department shall submit a report to the House of Representatives Ways and Means Committee and to the Senate Finance Committee detailing the fees collected by the facility. The General Assembly annually shall review the assessment and collection of the fee."

(B) This section takes effect October 1, 1992./

Amend title to conform.

Senator J. VERNE SMITH explained the amendment.

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

Ordered to a Third Reading

On motion of Senator J. VERNE SMITH, with unanimous consent, H. 3907 was ordered to receive a third reading on Friday, May 29, 1992.

Amended, Read the Second Time

H. 4439 -- Rep. Altman: A BILL TO AMEND SECTION 56-9-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATION AND CERTIFICATE FOR SELF-INSURERS, SO AS TO REQUIRE CERTAIN INFORMATION TO BE SUBMITTED TO DETERMINE FINANCIAL RESPONSIBILITY.

Senator SALEEBY 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 second reading of the Bill.

Senator SALEEBY proposed the following amendment (DKA\3968.AL), which was adopted:

Amend the bill, as and if amended, Section 56-9-60(4), SECTION 1, page 2, line 18, by deleting /less/ and inserting /more/.

Amend title to conform.

Senator SALEEBY explained the amendment.

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

Ordered to a Third Reading

On motion of Senator SALEEBY, with unanimous consent, H. 4439 was ordered to receive a third reading on Friday, May 29, 1992.

ADOPTED

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

OBJECTION

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 CORK objected.

HOUSE AMENDMENTS AMENDED

RETURNED TO THE HOUSE

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 to the Committee on Judiciary.

Senator MACAULAY spoke on the motion.

Point of Quorum

At 11:35 A.M., Senator McCONNELL made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

Senator McCONNELL moved that a call of the Senate be made. The following Senators answered the call:
Bryan Cork Courson
Courtney Drummond Fielding
Giese Gilbert Hayes, R.W.
Helmly Hinson Holland
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 Senate resumed.

MOTION ADOPTED

On motion of Senator STILWELL, with unanimous consent, the Senate agreed that any uncontested local matters would be handled by the Clerk provided that all Senators affected by the legislation were in agreement.

OBJECTION

Senator BRYAN asked unanimous consent to make a motion that prior to adjournment that the Senate proceed to a call of the uncontested local and statewide Calendar.

Senator McCONNELL objected.

Senator MACAULAY spoke on the motion.

Point of Quorum

At 12:46 P.M., Senator GIESE made the point that a quorum was not present. It was ascertained that a quorum was present. The Senate resumed.

Senator MACAULAY spoke on the motion.

OBJECTION

Senator MACAULAY asked unanimous consent, with Senator MACAULAY retaining the floor, to make a motion that the motion to concur in the House amendments be taken up for immediate consideration.

Senator McCONNELL objected.

Parliamentary Inquiry

Senator PASSAILAIGUE made a Parliamentary Inquiry as to whether or not the question before the body was the motion to commit the Bill to the Committee on Judiciary.

The PRESIDENT stated that that was correct.

Senator MACAULAY continued speaking on the motion.

Parliamentary Inquiry

At 1:01 P.M., Senator LAND made a Parliamentary Inquiry as to whether or not it was timely to make the motion to vote on the motion to commit the Bill to the Committee on Judiciary.

Senator MACAULAY spoke on the motion.

Objection

Senator MACAULAY asked unanimous consent to make a motion that the motion to concur in the House amendments be taken up for immediate consideration.

Senator PASSAILAIGUE objected.

Senator MACAULAY spoke on the motion.

Senator SHEALY spoke on the motion.

Senator ROBERT W. HAYES, JR. moved to carry over the motion to commit.

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

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

Ayes 23; Nays 20

AYES

Carmichael Cork Courtney
Fielding Gilbert Land
Leventis Lourie Martin
Martschink Matthews McConnell
McGill O'Dell Passailaigue
Patterson Peeler Rose
Saleeby Setzler Shealy
Washington Williams

TOTAL--23

NAYS

Bryan Courson Drummond
Giese Hayes, R.W. Helmly
Hinson Holland Leatherman
Macaulay Moore Mullinax
Pope Reese Russell
Smith, J.V. Smith, N.W. Stilwell
Thomas Wilson

TOTAL--20

The motion to carry over the motion to commit the Bill to the Committee on Judiciary was laid on the table.

The question then was the motion to commit.

Senator ROBERT W. HAYES, JR. moved to table the motion to commit.

Objection

Senator LAND asked unanimous consent to make a motion that the amendment proposed by Senator LAND be taken up for immediate consideration.

Senator STILWELL objected.

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

Ayes 23; Nays 19

AYES

Bryan Courson Drummond
Giese Hayes, R.W. Helmly
Hinson Holland Leatherman
Macaulay McConnell Moore
Mullinax O'Dell Pope
Reese Rose Russell
Smith, J.V. Smith, N.W. Stilwell
Thomas Wilson

TOTAL--23

NAYS

Carmichael Cork Courtney
Fielding Gilbert Land
Leventis Lourie Martin
Martschink Matthews McGill
Passailaigue Patterson Peeler
Saleeby Setzler Shealy
Williams

TOTAL--19

The motion to commit the Bill to the Committee on Judiciary was tabled.

Senator ROBERT W. HAYES, JR. moved that the Senate concur in the House amendments.

Point of Order

Senator McCONNELL raised a Point of Order that the motion was out of order inasmuch as there were amendments pending which would take precedence over the motion.

The PRESIDENT sustained the Point of Order.

Parliamentary Inquiry

Senator ROBERT W. HAYES, JR. made a Parliamentary Inquiry as to whether or not there was a time limitation on debate on each amendment.

The PRESIDENT stated that until 2:00 p.m., there was no time limitation on debate on each amendment.

Amendment No. 2

Senator PASSAILAIGUE proposed the following Amendment No. 2 (RES417.001), which was tabled:

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

/SECTION . Section 12-36-910 of the 1976 Code is amended to read as follows:

"Section 12-36-910.(A) A sales tax, equal to five percent of the gross proceeds of sales, is imposed upon every person engaged or continuing within this State in the business of selling tangible personal property at retail.

(B) The sales tax also applies to the:

(1) gross proceeds accruing or proceeding from the business of providing or furnishing any laundering, dry cleaning, dyeing, or pressing service, but does not apply to the gross proceeds derived from coin-operated laundromats and dry cleaning machines;

(2) gross proceeds accruing or proceeding from the sale of electricity;

(3) gross proceeds accruing or proceeding from the charges for the ways or means for the transmission of the voice or messages, including the charges for use of equipment furnished by the seller or supplier of the ways or means for the transmission of the voice or messages;

(4) fair market value of tangible personal property manufactured within this State, and used or consumed within this State by the manufacturer.

(C) The sales tax imposed pursuant to this section shall not apply to the gross proceeds on the sale of unprepared food. However, such tax shall apply to food deemed to be a `restaurant meal'. A `restaurant meal' means food prepared for sale on the premises of a restaurant, coffeeshop, cafeteria, short-order cafe, luncheonette, grill, sandwich shop, soda fountain, tavern, cocktail lounge, nightclub, roadside stand, or barbecue establishment, and includes meals prepared for sale on the premises of an organization or institution routinely serving food."/

Renumber sections to conform.

Amend title to conform.

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

Point of Order

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

Senators PASSAILAIGUE and LEATHERMAN spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

Senator PASSAILAIGUE continued arguing in favor of the adoption of the amendment.

Senator BRYAN moved to lay the amendment on the table.

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

Ayes 21; Nays 20

AYES

Bryan Drummond Giese
Hayes, R.W. Helmly Hinson
Leatherman Leventis Macaulay
Martin Mullinax O'Dell
Pope Reese Rose
Russell Smith, J.V. Smith, N.W.
Stilwell Thomas Wilson

TOTAL--21

NAYS

Carmichael Cork Courson
Courtney Fielding Gilbert
Holland Land Matthews
McConnell McGill Moore
Passailaigue Patterson Peeler
Saleeby Setzler Shealy
Washington Williams

TOTAL--20

The amendment was laid on the table.

Statement by Senator ROSE

I did not vote to table Amendment No. 2 (RES417.001) because I am opposed to this amendment, but because I did not want to cause S. 417 to fail because the amendment was attached to S. 417. I have voted for and introduced legislation in the past to remove the sales tax on food.

Amendment No. 7

Senator ROSE proposed the following Amendment No. 7 (RES417.007), which was tabled:

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

/SECTION . The last paragraph of Section 12-21-2720 of the 1976 Code, as last amended by Act 170 of 1987, is further amended to read:

"Municipalities may increase the amount charged as license for the operation of the machines over the maximum amounts allowed before March 28, 1956, by a sum not to exceed twenty percent. No Each municipality and county may limit the number of machines per location within the boundaries of the that municipality or county, by majority vote of a referendum held in that municipality or county with at least ninety days' prior notice, provided that each said referendum may be held only at a general election called by a county or municipal government at least 180 days before the election."/

Renumber sections to conform.

Amend title to conform.

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

Senator ROBERT W. HAYES, JR. moved to lay the amendment on the table.

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

Ayes 24; Nays 18

AYES

Bryan Courson Courtney
Drummond Giese Gilbert
Hayes, R.W. Helmly Hinson
Holland Leatherman Leventis
Lourie Macaulay Moore
Mullinax O'Dell Reese
Russell Setzler Smith, J.V.
Smith, N.W. Thomas Wilson

TOTAL--24

NAYS

Carmichael Cork Fielding
Land Martin Matthews
McConnell McGill Passailaigue
Patterson Peeler Pope
Rose Saleeby Shealy
Stilwell Washington Williams

TOTAL--18

The amendment was laid on the table.

Amendment No. 12

Senator PASSAILAIGUE proposed the following Amendment No. 12 (RES417.024), which was tabled:

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

/SECTION . A. Chapter 21 of the 1976 Code is amended by adding:

"Article 25

The Marijuana and

Controlled Substance Tax Act of 1992

Section 12-21-3710. This article may be cited as The Marijuana and Controlled Substance Tax Act of 1992.

Section 12-21-3720. As used in this article:

(1) `Marijuana' means any marijuana, whether real or counterfeit, as defined in Section 44-53-110, that is held, possessed, transported, transferred, sold, or offered to be sold in violation of the laws of this State.

(2) `Controlled substance' means a drug or substance, whether real or counterfeit, as defined in Section 44-53-110 that is held, possessed, transported, transferred, sold, or offered to be sold in violation of the laws of this State. `Controlled substance' does not include marijuana.

(3) `Dealer' means a person who in violation of the laws of this State manufactures, produces, ships, transports, or imports into South Carolina or in any manner acquires or possesses more than forty-two and one-half grams of marijuana, or seven or more grams of a controlled substance, or ten or more dosage units of a controlled substance which is not sold by weight. A quantity of marijuana or other controlled substance is measured by the weight of the substance whether pure or impure or dilute, or by dosage units when the substance is not sold by weight, in the dealer's possession. A quantity of a controlled substance is dilute if it consists of a detectable quantity of pure controlled substance and any excipients or fillers.

(4) `Commission' means the South Carolina Tax Commission.

Section 12-21-3730. The commission shall administer this article. Payments required by this article must be made to the commission on the form provided by the commission. Dealers are not required to give their name, address, social security number, or other identifying information on the form. The commission shall collect all taxes under this article.

Section 12-21-3740. The commission may promulgate regulations necessary to enforce this article. The commission shall adopt a uniform system of providing, affixing, and displaying official stamps, official labels, or other official indicia for marijuana and controlled substances on which a tax is imposed.

Section 12-21-3750. No dealer may possess any marijuana or controlled substance upon which a tax is imposed unless the tax has been paid on the marijuana or other controlled substance as evidenced by a stamp or other official indicia.

Section 12-21-3760. Nothing in this article may provide immunity for a dealer from criminal prosecution pursuant to the laws of this state.

Section 12-21-3770. Nothing in this article requires persons lawfully in possession of marijuana or a controlled substance to pay the tax required under this article.

Section 12-21-3780. For the purpose of calculating the tax under Section 12-21-3790, a quantity of marijuana or other controlled substance is measured by the weight of the substance whether pure or impure or dilute, or by dosage units when the substance is not sold by weight, in the dealer's possession. A quantity of pure controlled substance is dilute if it consists of a detectable quantity of pure controlled substance and any excipients or fillers.

Section 12-21-3790. A tax is imposed on marijuana and controlled substances as defined in Section 12-21-3720 at the following rate:

(1) on each gram of marijuana, or each portion of a gram, three dollars fifty cents; and

(2) on each gram of controlled substance, or portion of a gram, two hundred dollars; or

(3) on each fifty dosage units of a controlled substance that is not sold by weight, or portion thereof, two thousand dollars.

Section 12-21-3800. (A) A dealer violating this article is subject to a penalty of one hundred percent of the tax in addition to the tax imposed by Section 32-21-3790. The penalty must be collected as part of the tax.

(B) In addition to the tax penalty imposed, a dealer distributing or possessing marijuana or controlled substances without affixing the appropriate stamps, labels, or other indicia is guilty of a misdemeanor and, upon conviction, must be imprisoned for not more than five years or fined not more than ten thousand dollars, or both.

Section 12-21-3810. Official stamps, labels, or other indicia to be affixed to all marijuana or controlled substances must be purchased from the commission. The purchaser shall pay one hundred percent of face value for each stamp, label, or other indicia at the time of the purchase.

Section 12-21-3820. (A) When a dealer purchases, acquires, transports, or imports into this State marijuana or controlled substances on which a tax is imposed by Section 12-21-3790, and if the indicia evidencing the payment of the tax have not already been affixed, the dealer shall have them permanently affixed on the marijuana or controlled substance immediately after receiving the substance. Each stamp or other official indicia may be used only once.

(B) Taxes imposed upon marijuana or controlled substances by this article are due and payable immediately upon acquisition or possession in this State by a dealer.

Section 12-21-3830. An assessment for a dealer not possessing valid stamps or other official indicia showing that the tax has been paid is considered a jeopardy assessment or collection, as provided in Article 3 of Chapter 53.

Section 12-21-3840. (A) Neither the commission nor a public employee may reveal facts contained in a report or return required by this article or any information obtained from a dealer, nor may any information contained in such a report or return or obtained from a dealer be used against the dealer in a criminal proceeding, unless independently obtained, except in connection with a proceeding involving taxes due under this article from the dealer making the return.

(B) A person violating this section is guilty of a misdemeanor and, upon conviction, must be imprisoned for not more than six months or fined not more than five thousand dollars, or both.

(C) This section does not prohibit the commission from publishing statistics that do not disclose the identity of dealers or the contents of particular returns or reports."

B. This section takes effect July 1, 1992./

Renumber sections to conform.

Amend title to conform.

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

Point of Order

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

Senator PASSAILAIGUE spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

Senator PASSAILAIGUE spoke on the amendment.

Senator LEVENTIS argued contra to the adoption of the amendment.

Point of Order

Senator LEATHERMAN raised a Point of Order that the time certain of 2:00 P.M. had arrived to vote on the entire matter of S. 417.

The PRESIDENT sustained the Point of Order.

Parliamentary Inquiry

Senator LEATHERMAN made a Parliamentary Inquiry as to whether or not any provision for debate had been requested for each amendment.

The PRESIDENT stated that there was no provision for debate on the amendments.

Motion Adopted

On motion of Senator BRYAN, with unanimous consent, debate on each amendment was limited to a total of three minutes for proponents and a total of three minutes for opponents.

Senator ROBERT W. HAYES, JR. moved to lay the amendment on the table.

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

Ayes 32; Nays 5

AYES

Bryan Cork Courson
Courtney Drummond Fielding
Giese Gilbert Hayes, R.W.
Hinson Holland Land
Leatherman Macaulay Martin
McConnell McGill Mitchell
Moore Mullinax O'Dell
Peeler Pope Reese
Russell Saleeby Setzler
Smith, J.V. Stilwell Thomas
Williams Wilson

TOTAL--32

NAYS

Carmichael Leventis Passailaigue
Rose Shealy

TOTAL--5

The amendment was laid on the table.

Amendment No. 13

Senator PASSAILAIGUE proposed the following Amendment No. 13 (RES417.023), which was tabled:

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

/SECTION . A. Chapter 7, Title 12 of the 1976 Code is amended by adding:

"Section 12-7-100. (A) The commission may expedite income tax refunds for individual taxpayers experiencing significant hardships as defined by this section which warrant issuing a refund in less than the normal processing period.

(B) To qualify for an expedited refund, the taxpayer must be experiencing a significant hardship which consists of:

(1) a medical emergency;

(2) a sudden financial hardship which, if unresolved, makes it impossible for the taxpayer to provide the basic requirements of living for himself or his family;

(3) imminent eviction;

(4) possible loss of job;

(5) imminent bankruptcy; or

(6) a hardship associated with military service.

The commission shall determine eligibility for expedited refunds on a case-by-case basis. The commission may determine a hardship based on documents submitted by the taxpayer or based on verbal representations of the taxpayer made to appropriate commission officials.

(C) On determination of hardship and based on the taxpayer's need, the commission shall assign the refund a priority and expedite processing the taxpayer's refund as follows:

(1) Priority 3 refunds must be processed within three weeks.

(2) Priority 2 refunds must be processed within ten days.

(3) Priority 1 refunds must be processed within five days.

(D) The commission may prescribe appropriate procedures to implement the provisions of this section."

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

Renumber sections to conform.

Amend title to conform.

Point of Order

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

Senator PASSAILAIGUE spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

Senator PASSAILAIGUE explained the amendment.

Senator LEATHERMAN moved to lay the amendment on the table.

The amendment was laid on the table.

Recorded Vote

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

Amendment No. 14

Senator PASSAILAIGUE proposed the following Amendment No. 14 (RES417.022), which was adopted:

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

/SECTION . A. Article 3, Chapter 7, Title 12 of the 1976 Code is amended by adding:

"Section 12-7-238. The South Carolina taxable income of a resident individual who has attained the age of sixty-five years is exempt from the tax imposed pursuant to Section 12-7-210 beginning with the taxable year in which he attains the age of sixty-five years as follows:

(1) for taxable years beginning in 1992, twenty percent of taxable income is exempt;

(2) for taxable years beginning in 1993, forty percent of taxable income is exempt;

(3) for taxable years beginning in 1994, sixty percent of taxable income is exempt;

(4) for taxable years beginning in 1995, eighty percent of the taxable income is exempt;

(5) for taxable years beginning after 1995, one hundred percent of taxable income is exempt.

The South Carolina taxable income of a married individual eligible for this exemption who files a joint federal income tax return with a spouse who is not eligible for the exemption must be allocated between the spouses and only that South Carolina taxable income attributable to the eligible spouse is eligible for the exemption. The commission shall prescribe the method of allocation."

B. Upon the approval by the Governor, this section is effective for taxable years beginning after 1991./

Renumber sections to conform.

Amend title to conform.

Senator PASSAILAIGUE explained the amendment.

Senator ROBERT W. HAYES, JR. moved to lay the amendment on the table.

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

Ayes 16; Nays 19

AYES

Bryan Courson Courtney
Drummond Giese Gilbert
Hayes, R.W. Hinson Macaulay
Peeler Rose Russell
Smith, J.V. Stilwell Thomas
Wilson

TOTAL--16

NAYS

Carmichael Cork Fielding
Holland Land Leatherman
Leventis Martin McConnell
McGill Mitchell Moore
Mullinax Passailaigue Reese
Saleeby Setzler Shealy
Williams

TOTAL--19

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

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

Ayes 25; Nays 14

AYES

Carmichael Cork Courson
Fielding Holland Land
Leatherman Leventis Lourie
Matthews McConnell McGill
Mitchell Moore Mullinax
Passailaigue Peeler Reese
Rose Russell Saleeby
Setzler Shealy Washington
Williams

TOTAL--25

NAYS

Bryan Courtney Drummond
Giese Gilbert Hayes, R.W.
Helmly Hinson Macaulay
O'Dell Smith, J.V. Stilwell
Thomas Wilson

TOTAL--14

PAIRED

Pope (Present) Nay

Martschink (Absent) Aye

The amendment was adopted.

Amendment No. 15

Senator PASSAILAIGUE proposed the following Amendment No. 15 (RES417.021), which was tabled:

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

/SECTION . A. Section 12-7-430 is amended by adding a new item to read:

"( ) In the case of a taxpayer in the real estate business, the determination of activity as passive must be made by treating the taxpayer's rental real property operations, undertakings, and activities in the same manner as nonrental trade or business operations, undertakings, and activities.

(1) For purposes of this section, an individual is engaged in the real property business if:

(A) such individual spends at least fifty percent of such individual's working time in real property operations; and

(B) such individual spends more than five hundred hours during the taxable year in real property operations.

(2) For purposes of this section, the term `real property operations' means any real property development, redevelopment, construction, reconstruction, acquisition, conversion, rental, operation, management, leasing, brokerage, appraisal, and finance operations.

(3) For purposes of this section, the term `working time' means any time spent as an employee, sole proprietor, `S' corporation shareholder, partner in a partnership, or beneficiary of a trust or estate.

(4) For purposes of this section, a closely held `C' corporation is engaged in the real property business if:

(A) one or more shareholders owning stock representing more than fifty percent (by value) of the outstanding stock of such corporation materially participate in the aggregate real property activities of such corporation; or

(B) such corporation meets the requirements of this section with respect to the aggregate real property activities of such corporation.

Except for rental activities treated in the same manner as nonrental trade or business activities pursuant to this section, each rental activity is a passive activity without regard to whether or not the taxpayer materially participates in the rental activity.

This section shall be applied without regard to whether or not the taxpayer materially participates in the activity."

B. This section, upon approval by the Governor, shall be effective for tax years beginning after December 31, 1991./

Renumber sections to conform.

Amend title to conform.

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

Point of Order

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

Senator PASSAILAIGUE spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

Senator STILWELL argued contra.

Senator STILWELL moved to lay the amendment on the table.

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

Ayes 18; Nays 14; Abstain 2

AYES

Bryan Courson Courtney
Drummond Giese Hayes, R.W.
Hinson Macaulay Moore
Mullinax O'Dell Rose
Russell Smith, J.V. Smith, N.W.
Stilwell Thomas Wilson

TOTAL--18

NAYS

Carmichael Cork Fielding
Gilbert Land Leventis
McConnell Mitchell Passailaigue
Peeler Reese Saleeby
Shealy Williams

TOTAL--14

ABSTAIN

Leatherman McGill

TOTAL--2

PAIRED

Pope (Present) Aye

Martschink (Absent) Nay

The amendment was laid on the table.

Statement by Senator ROSE

I did not vote to table Amendment No. 15 (RES417.021) because I am opposed to this amendment, but because I did not want to cause S. 417 to fail because the amendment was attached to S. 417.

Amendment No. 16

Senator PASSAILAIGUE proposed the following Amendment No. 16 (RES417.020), which was tabled:

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

/SECTION . A. Article 10, Chapter 7, Title 12 of the 1976 Code is amended by adding:

"Section 12-7-1280. (A) If an individual who is a first-time homebuyer purchases a principal residence during the taxable year, there shall be allowed to such individual a credit against taxes imposed by this chapter for income taxes based on the taxpayer's adjusted gross income for the taxable year. The credits allowable are as follows:

(1) An individual with an adjusted gross income of $21,000 or less is entitled to a credit of $500.

(2) An individual with an adjusted gross income of more than $21,000 but less than $30,000 is entitled to a credit of $250.

(3) An individual with an adjusted gross income of more than $30,000 but less than $41,000 shall be entitled to a credit of $125.

(B) No credit shall be allowed under subsection (A) to any individual whose adjusted gross income for the taxable year exceeds $40,999.

(C) The adjusted gross income of any individual for any taxable year shall include the adjusted gross income of such individual's spouse for such spouse's taxable year corresponding to the taxable year of the individual.

(D) If a residence is purchased together by two or more individuals for use as their principal residence, the following provisions shall apply:

(1) such individuals shall be limited to one credit under this section for such purchase and the amount of such credit shall be allocated among such individuals on a pro rata basis;

(2) no credit shall be allowed under this section unless all such individuals are first-time homebuyers; and

(3) the aggregate adjusted income of all such individuals shall be taken into account in determining the amount of the credit allowable under this section for such purchase.

(E) For purposes of this section, the term:

(1) `First-time homebuyer' means any individual if such individual (and if married, such individual's spouse) had no present ownership interest in a principal residence during the three-year period ending on the date of acquisition of the principal residence to which this section applies.

(2) `Principal residence' means the individual's place of abode where the taxpayer inhabits with the intention of remaining for an undetermined period of time."

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

Renumber sections to conform.

Amend title to conform.

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

Point of Order

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

Senator PASSAILAIGUE spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

Senator LEATHERMAN moved to lay the amendment on the table.

The amendment was laid on the table.

Recorded Vote

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

Amendment No. 17

Senator PASSAILAIGUE proposed the following Amendment No. 17 (RES417.019), which was tabled:

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

/SECTION . A. Section 12-7-430 of the 1976 Code is amended by adding new appropriately numbered items to read:

"( ) The gross income of a taxpayer is determined without the application of Internal Revenue Code Section 1034(d), relating to rollover of gain on the sale of principle residence.

( ) The determination of gross income as provided by Internal Revenue Code Section 1034(d) is made with the following modifications:

(1) If the taxpayer, during the period described in Internal Revenue Code Section 1034(a), purchases more than one residence which is used by him as his principal residence at some time within two years after the date of the sale of the old residence, only the first of such residences so used by him after the date of such sale shall constitute the new residence.

(2) If a residence is sold by an individual pursuant to a divorce or marital separation and the taxpayer used such residence as his principal residence at any time during the two-year period ending on the date of such sale, for purposes of this section, such residence shall be treated as the taxpayer's principal residence at the time of such sale.

( ) The provisions of subsections (h)(1) and (k) of Internal Revenue Code Section 1034 shall be applied but without inclusion of the phrase `(other than the two years referred to in subsection (c)(4))'."

B. This section, upon approval by the Governor, shall be effective for tax years beginning after December 31, 1991./

Renumber sections to conform.

Amend title to conform.

Point of Order

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

Senator PASSAILAIGUE spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

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

Senator LEATHERMAN moved to lay the amendment on the table.

The amendment was laid on the table.

Recorded Vote

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

Amendment No. 18

Senator PASSAILAIGUE proposed the following Amendment No. 18 (RES417.018), which was tabled:

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

/SECTION . A. Section 12-7-430 is amended by adding new items to read:

"( ) South Carolina gross income does not include gross income received as a qualified scholarship authorized by Internal Revenue Code Section 117 as amended through December 31, 1985.

( ) South Carolina gross income does not include gross income received by public and private institutions of higher learning from television and advertising revenue from athletic events."

B. Upon signature of the Governor, provisions of this section shall take effect for tax years after December 31, 1991./

Renumber sections to conform.

Amend title to conform.

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

Point of Order

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

The PRESIDENT overruled the Point of Order.

Senator J. VERNE SMITH moved to lay the amendment on the table.

The amendment was laid on the table.

Recorded Vote

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

Amendment No. 19

Senator PASSAILAIGUE proposed the following Amendment No. 19 (RES417.017), which was ruled out of order:

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

/SECTION . A. Article 3, Chapter 11, Title 57 of the 1976 Code is amended to read:

"Section 57-11-210. The terms defined herein shall have the meanings hereinafter set forth:

(1) `Fiscal year' means the fiscal year upon which the affairs of the State of South Carolina are then being conducted. As of the date of this enactment it is that which begins on July first and ends on June thirtieth of the succeeding calendar year.

(2) `Fuel oil tax' shall mean the tax levied pursuant to Chapter 29, Title 12.

(3) `Gasoline tax' shall mean not less than 7.09 cents of the 8.09 cents per gallon tax imposed upon gasoline, components thereof or substitutes therefor, pursuant to the provisions of Chapter 27 of Title 12, except Section 12-27-240. In the event that by legislation enacted subsequent to July 1, 1977, the tax imposed by Section 12-27-230 shall be increased to more than 8.09 cents per gallon, then in such event all of such increase shall be embraced within the definition `gasoline tax' as used in this section unless in the initial enactment subsequent to July 1, 1977, the General Assembly shall prescribe some other use for all or some portion of such increase in such tax.

(4) `Highway commission' `Commission' shall mean that agency of government now composed in accordance with the provisions of Articles 3 and 5 of Chapter 3, Title 57, and any other commission or agency of government hereafter exercising the powers granted to the State Highway and Public Transportation Commission commission pursuant to the provisions of Chapter 3, Title 57.

(5) `Highway construction purposes' shall mean the construction of roads now or hereafter made a part of the State state highway system, or the reconstruction and improvement of highways now or hereafter made a part of the State state highway system.

(6) `Motor vehicle license tax' shall mean the annual tax imposed upon the owner of every motor and other vehicle pursuant to the provisions of Articles 5, 7, 21 and 25, Chapter 3, Title 56.

(7) `Road tax' shall mean the road tax imposed on motor carriers pursuant to Chapter 31, Title 12.

(8) `Sources of revenue' shall mean the gasoline tax, the fuel oil tax, the road tax and the motor vehicle license tax.

(9) `State board' shall mean the State Budget and Control Board of South Carolina.

(10) `State highway bonds' shall mean all general obligation bonds of the State of South Carolina designated as State state highway bonds, which are now outstanding and which may hereafter be issued pursuant to the authorizations of this article.

Section 57-11-220. Whenever it shall become becomes necessary that moneys monies be raised for highway construction purposes, or construction and equipment of headquarters administrative facilities, including moneys monies to be used to refund any State state highway bonds then outstanding, the Highway and Public Transportation Commission commission may make request to the State Board for the issuance of State state highway bonds pursuant to this article. Such request may be in the form of a resolution adopted at any regular or special meeting of the Highway and Public Transportation Commission commission. Such request shall set forth (on the face thereof or by schedules attached thereto):

(1) The the amount then required for highway construction;

(2) A a tentative time schedule setting forth the period of time during which the sum requested will be expended. ;

(3) A a debt service table showing the annual principal and interest requirements for all State state highway bonds then outstanding. ;

(4) The the amount of revenues derived from each of the sources of revenue during the preceding fiscal year; and

(5) The amount as estimated by the Highway and Public Transportation Commission which will be derived from the sources of revenue during the then current and the next ensuing fiscal years during which it is expected that the State highway bonds then sought to be issued will be outstanding, but in estimating the amount to be derived from the sources of revenue the Highway and Public Transportation Commission shall not assume that the revenues for the then current fiscal year or any future fiscal year will be more than five percent in excess of the actual sums derived from the sources of revenue in the preceding fiscal year, nor that in the sixth or subsequent years there will be any increase over the estimated revenues for the fifth fiscal year following the last completed fiscal year. the fund balance of the state highway bond fund and a schedule showing all encumbrances of the fund and a schedule of payments to be made from the fund for all debts then outstanding.

Section 57-11-230. Following the receipt of any request pursuant to Section 57-11-220, the State Board shall review the same and to the extent that it shall approve such request, it shall be empowered, by resolution duly adopted, to effect the issuance of State state highway bonds, or pending the issuance thereof, effect the issuance of bond anticipation notes pursuant to Sections 11-17-10 to 11-17-110, as amended.

Section 57-11-240. The outstanding aggregate principal indebtedness on account of State state highway bonds shall not exceed the limits established in Article X, Section 13 of the South Carolina Constitution one hundred fifty million dollars, exclusive of a maximum of seven million dollars of bonds that are hereby authorized for construction and equipment of headquarters administrative facilities. The limitation herein imposed shall not be deemed to be an obligation of the contract made between the State and the holders of bonds issued pursuant to this article, and the limitation herein imposed may be enlarged or reduced from time to time by acts amendatory hereof. Within such limitations State state highway bonds may be issued from time to time under the conditions prescribed by this article.

Section 57-11-250. For the payment of the principal of and interest on all State state highway bonds (whether now outstanding or hereafter issued), there shall be pledged the full faith, credit and taxing power of the State of South Carolina and in addition thereto, but subject to the limitations hereafter set forth, all of the moneys derived from taxes levied in Sections 12-27-1210 through 12-27-1240 of the 1976 Code the sources of revenue. All moneys realized from the sources of revenue which may be forthwith used by the State Treasurer, without further action of the Highway and Public Transportation Commission commission, for the payment of the principal and interest of State state highway bonds, as the same respectively mature.

Section 57-11-260. All revenue received from the sources of revenue during each fiscal year shall be discharged from the pledge made by Section 57-11-250 when payment, or provision for payment, has been made for all installments of principal or interest of all State highway bonds maturing in such fiscal year, and thereafter such moneys may be applied as hereinafter provided.

Section 57-11-270. The pledge of moneys monies derived from the sources of revenue set aside in the state highway bond fund shall not preclude the General Assembly from revising the quantum of any tax included in the sources of revenue, credited to the state highway bond fund except that, so long as any State state highway bonds shall be outstanding, the gasoline tax shall be not less than the greater of 5.67 cents per gallon, or the larger amount to which it shall be raised by legislation enacted subsequent to January 1, 1973, the fuel oil tax shall be not less than eight cents per gallon, the road tax not less than eight cents per gallon, and the schedule of motor vehicle license tax shall not be revised in such fashion as to reduce the aggregate to be received therefrom.

Section 57-11-280. In order to effect the issuance of bonds pursuant to this article, the State Board may adopt a resolution providing for the issuance of State state highway bonds and may transmit a certified copy thereof to the Governor and to the State Treasurer, with the request that they issue and deliver State state highway bonds in accordance with the terms and conditions of such resolution. Such resolution shall set forth the following:

(1) The the amount, denomination and numbering of State highway bonds to be issued;

(2) The the date as of which the same shall be issued;

(3) The the maturity schedule for the retirement of such State state highway bonds;

(4) The the redemption provisions, if any, applicable to such bonds;

(5) The the maximum rate or rates of interest the bonds shall bear which shall not be in excess of that permitted by Act 423 of 1969 as now constituted or as hereafter amended;

(6) The the purposes for which the bonds are to be issued;

(7) The the occasion on which bids shall be received for the sale of such bonds;

(8) The the form of advertisement of sale;

(9) The the form of the bonds of the particular issue; and

(10) Such such other matters as may be deemed necessary in order to effect the sale, issuance and delivery thereof.

Such resolution shall further set forth a finding on the part of the State Board that the revenues credited to the state highway bond fund actual receipts, for the preceding fiscal year, from the sources of revenue equaled or exceeded one hundred fifty percent of the maximum annual debt service requirements for all State state highway bonds then outstanding and all State state highway bonds thereafter to be outstanding and that the estimate made by the Highway and Public Transportation Commission commission and approved by the State Board indicates that collections from the sources of revenue in the then current and in applicable future fiscal years, will not be less than one hundred fifty percent of maximum annual interest and principal requirements of all State state highway bonds then outstanding and all State state highway bonds thereafter to be outstanding.

Section 57-11-290. If following a presentation of a certified copy of the resolution of the State Board it shall appear to the satisfaction of the Governor and the State Treasurer that:

(a) The the amount of revenues derived from the sources of revenue, during the preceding fiscal year, did in fact exceed one hundred fifty percent of the maximum annual principal and interest requirements of all State state highway bonds then outstanding and all State state highway bonds thereafter to be outstanding; and

(b) That the estimated collections from the sources of revenue in the then current and in applicable future fiscal years, will be not less than one hundred fifty percent of the maximum annual debt service requirements of all State state highway bonds then outstanding and all State state highway bonds thereafter to be outstanding, then the Governor and State Treasurer shall be empowered to issue bonds in accordance with the request of the resolution of the State Board.

Section 57-11-300. State highway bonds shall be issued in such form and with such provisions as to time, place or places and medium of payment as may be determined by the State Board, subject to the provisions of this article.

Section 57-11-310. State highway bonds shall each be in the denomination of one thousand dollars or some multiple thereof.

Section 57-11-320. State highway bonds issued pursuant to this article may be in the form of negotiable coupon bonds, payable to bearer, with the privilege to the holder of having them registered in his name on the books of the State Treasurer as to principal only, or as to both principal and interest, and such principal, or both principal and interest, as the case may be, thus made payable to the registered holder, subject to such conditions as the State Board may prescribe. State highway bonds so registered as to principal in the name of the holder may thereafter be registered as payable to bearer and made payable accordingly.

State highway bonds may also be issued as fully registered bonds with both principal and interest thereof made payable only to the registered holder. Such fully registered bonds shall be subject to transfer under such conditions as the State Board shall prescribe. Such fully registered bonds may, if the proceedings authorizing their issuance so provide, be convertible into negotiable coupon bonds with the attributes set forth in the first paragraph of this section.

Section 57-11-330. State highway bonds shall bear interest, payable on such occasions as shall be prescribed by the State Board, at a rate or rates not exceeding the maximum prescribed by Act No. 423 of 1969, as such act is now constituted or as such act may hereafter be constituted following amendment or revision thereof. Each issue of State state highway bonds shall mature in annual series or installments, the first of which annual series or installments shall mature not more than two years after the date of the bonds and the last of which shall mature not more than twenty-five thirty years after such date. Such installments or series may be equal or unequal in amount. State highway bonds may, in the discretion of the State Board, be made subject to redemption at par and accrued interest, plus such redemption premium as it shall approve and on such occasions as it may prescribe. State highway bonds shall not be redeemable before maturity unless they contain a statement to that effect.

Section 57-11-340. All State state highway bonds issued under this article, and the interest thereon, shall be exempt from all State state, county, municipal, school district, and other taxes or assessments, direct or indirect, general or special, imposed by the State of South Carolina, whether imposed for the purpose of general revenue or otherwise, except inheritance, estate or transfer taxes.

Section 57-11-350. All state highway bonds issued under this article must be signed by the Governor and the State Treasurer. The Governor and the State Treasurer may sign these obligations by a facsimile of their signatures. The Great Seal of the State must be affixed to, impressed, or reproduced upon each of them and each must be attested by the Secretary of State. All coupons that may be attached to state highway bonds must be authenticated by facsimile signature of the State Treasurer who is in office on the date which the state highway bonds bear or on the date on which the state highway bonds are converted into coupon bonds. State highway bonds so executed and authenticated are valid notwithstanding any changes in officers or seal occurring after the execution or authentication.

Section 57-11-360. State highway bonds may be privately placed as an investment of the State Retirement System, if the terms and conditions of such disposition shall be approved by resolution duly adopted by the State Board.

Otherwise, State state highway bonds shall be sold by the Governor and the State Treasurer upon sealed proposals, after publication of notice of such sale one or more times at least seven days before such sale, in a newspaper of general circulation in the State and also in a financial paper published in New York City which regularly publishes notices of sale of State state or municipal bonds. The bonds shall be awarded to the highest bidder at a price of not less than par and accrued interest to the date of delivery, but the right shall be reserved to reject all bids and to readvertise the bonds for sale and to waive technicalities in the bidding.

For the purpose of bringing about successful sales of such bonds, the State Board may do all things ordinarily and customarily done in connection with the sale of State state or municipal bonds. All expenses incident to the sales of such bonds shall be paid from the proceeds of the sale of such bonds.

Section 57-11-370. It shall be lawful for all executors, administrators, guardians and other fiduciaries and all sinking fund commissions, including the State Budget and Control Board of South Carolina in its capacities as trustee of the funds of the South Carolina Retirement System and as manager and administrator of other State state sinking funds, to invest any moneys monies in their hands in State state highway bonds.

Section 57-11-380. The proceeds of the sale of State state highway bonds shall be received by the State Treasurer and applied by deposited to the credit of the state highway bond fund account him to the purposes for which issued, except that the accrued interest, if any, shall be used to discharge in part the first interest to become due on such bonds, and the premium, if any, shall be used to discharge the payment of the first installment of principal to become due on such bonds, but the purchasers of such bonds shall in no wise be liable for the proper application of the proceeds to the purposes for which they are intended.

Section 57-11-390. The proceeds derived from the sale of State state highway bonds shall be applied only to the purposes for which the bonds are issued.

Section 57-11-400. Within the highway fund, there is established a separate and distinct state highway bond fund and a state highway bond fund debt service account. The revenue derived from the tax levied by Section 12-27-1210, 12-27-1220, 12-27-1230, and 12-27-1240 must be remitted to the State Treasurer to be credited to the state highway bond fund debt service account. The state highway bond fund and the state highway bond fund debt service account must be separate and distinct from the state general fund and highway fund. The proceeds of all issuances of state highway bonds must be deposited to and must remain part of the state highway bond fund. All earnings on investments of any monies deposited to the credit of the state highway bond fund and the state highway bond fund debt service account must accrue to and be deposited in the respective account. Money from the state highway bond fund may be expended only for the purposes delineated in the resolution authorizing the issuance. The State Highways and Public Transportation Commission commission is authorized to make a request to the State Budget and Control Board for the authority to issue up to one hundred twenty-five million dollars in additional bonds pursuant to the this chapter provisions of Article 3, Chapter 11, Title 57 of the 1976 Code to be used exclusively for the Strategic Highway Plan for Improving Mobility and Safety Program. and These these bonds must be retired over a twenty-year period from revenue generated by the additional taxes levied in Sections 12-27-1210 through 12-27-1240 of the 1976 Code."

SECTION 2. Whenever the term Strategic Highway Plan for Improving Mobility and Safety Program or Strategic Highway Plan for Improving Mobility and Safety appears in the Code of Laws of South Carolina, it shall mean Highway Bond Fund. The Code Commissioner is directed to change all such references at such time and in such manner as may be timely and cost effective.

SECTION 3. Sections 12-27-1260, 12-27-1270, 12-27-1280, 12-27-1290, and 12-27-1300 are repealed.

SECTION 4. Upon the effective date of this act, the Commission commission of the department must review all pending construction projects under the Strategic Highway Plan for Improving Safety and Mobility Program, including projects which have been let and projects which are under construction. From this review, the Commission commission shall prepare a written report that details all such projects including the approximate location of the project and the estimated cost of completing such projects. The Commission commission must issue this written report to the Education and Public Works Committee of the House of Representatives and the Transportation Committee of the Senate. All funds not approved by the Commission commission for the continuation of construction projects shall be transferred to the highway bond fund as established in Section 57-11-400 and all funds approved by the Commission commission for the continuation of construction projects shall be transferred to the State state highway fund to be used for the completion of such projects."

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

Renumber sections to conform.

Amend title to conform.

Point of Order

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

Senator PASSAILAIGUE spoke on the Point of Order.

The PRESIDENT sustained the Point of Order.

Amendment No. 21A

Senator ROSE proposed the following Amendment No. 21A (RES417.33), which was adopted:

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

/SECTION . Section 12-21-2720 of the 1976 Code, as last amended by Part II, Section 14A, Act 171 of 1991, is further amended by adding a paragraph at the end to read:

"Notwithstanding any other provision of this article, no license may be issued pursuant to this article for any place or premises in which a majority of the gross income generated by the establishment is derived from any machine or machines described in item (3) of this section."/

Renumber sections to conform.

Amend title to conform.

Senator ROSE explained the amendment.

Senator ROBERT W. HAYES, JR. moved to carry over the amendment.

The Senate refused to carry over the amendment.

The question then was the adoption of the amendment.

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

Ayes 24; Nays 17

AYES

Courson Drummond Giese
Helmly Hinson Holland
Leatherman Leventis Matthews
McConnell McGill Mitchell
Moore Mullinax O'Dell
Passailaigue Peeler Reese
Rose Russell Setzler
Smith, J.V. Smith, N.W. Thomas

TOTAL--24

NAYS

Bryan Carmichael Cork
Courtney Gilbert Hayes, R.W.
Land Lourie Macaulay
Martin Patterson Saleeby
Shealy Stilwell Washington
Williams Wilson

TOTAL--17

PAIRED

Pope (Present) Aye

Martschink (Absent) Nay

The amendment was adopted.

Amendment No. 22

Senator ROSE proposed the following Amendment No. 22 (DKA\3884.AL), which was tabled:

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

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

"Section 12-27-2727. A machine licensed as an item (3) machine must have a payback value of at least seventy-two percent of the money played. The failure of the machine to pay back at least seventy-two percent of the income results in forfeiture of the license issued under this article for the machine."/

Renumber sections to conform.

Amend title to conform.

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

Senator MITCHELL moved to lay the amendment on the table.

A division was requested resulting in a vote of 18-7.

The amendment was laid on the table.

Amendment No. 29

Senator LAND proposed the following Amendment No. 29 (DKA\3917.AL), which was adopted:

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

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

"Section 12-21-2723. (A) No person may maintain or permit to be used on a single place or premises more than nine machines licensed under Section 12-21-2720(3).

(B) No person who maintains a place or premises for the operation of machines licensed under Section 12-21-2720(3) may advertise in any manner for the playing of the machines nor may a person offer or allow to be offered any special inducement to a person for the playing of machines permitted under Section 12-21-2720(3).

(C) No person under twenty-one years of age may play the machines licensed under Section 12-21-2720(3).

(D) No owner, operator, or marketer may be issued a permit by the South Carolina Tax Commission for machines pursuant to Section 12-21-2720(3) unless the owner, operator, or marketer has been a resident of South Carolina for one year. The commission shall require a statement of residency to be filed with the commission as part of the application process for permits issued under Section 12-21-2720(3) on forms and in a manner the commission considers appropriate.

(E) After June 1, 1993, the commission shall not issue a permit to any owner, operator, or marketer for a machine pursuant to Section 12-21-2730(3) unless the machine is equipped with a device or counter for determining the amount of profit a machine has generated.

(F) A person violating subsections (A), (B), or (D) of this section is subject to a fine of up to five thousand dollars to be imposed by the commission. The commission, upon a determination that the violation is wilful, may refer the violation to the Attorney General or to the appropriate circuit solicitor for criminal prosecution, and, upon conviction, the person must be fined not more than ten thousand dollars or imprisoned not more than two years, or both."

SECTION 2. The last paragraph of Section 12-21-2720 of the 1976 Code is amended to read:

"Municipalities may increase the amount charged as license for the operation of the machines over the maximum amounts allowed before March 28, 1956, by a sum not to exceed twenty percent. No municipality or county may limit the number of machines within the boundaries of the municipality or county."

SECTION 3. Section 12-21-2726 of the 1976 Code, as last amended by Act 170 of 1987, is further amended to read:

"Section 12-21-2726. Every person who maintains for use or permits the use of, on any a place or premises occupied by him, any a machine subject to the license imposed by this article shall by way of proof of licensing must have a current license attached to the machine, or alternatively the person shall have in his possession and produce on demand a receipt for a cashier's check, money order, or certified check not more than thirty days old made payable to the order of the South Carolina Tax Commission showing thereon the name or model except that those machines described in and licensed as item (3) machines may by way of proof of licensing have a current license on display at the premises occupied by him showing only the following information:

(1) the type of machine;

(2) the number of machines; and

(3) location showing the address of the machines. The owners of those machines described in and licensed as item (3) machines are specifically allowed to take advantage of those provisions of the United States Code which also authorize a tax credit for state-imposed taxes. For inspection purposes, the license must be displayed conspicuously at the location where the machine is operated."

SECTION 4. Section 12-21-2738 of the 1976 Code is amended to read:

"Section 12-21-2738. Any (A) A person who may not:

(1) fail, neglect, or refuse to comply with the terms and provisions of this article; or who

(2) fails fail to attach the required license to any a machine, an apparatus, a billiard, or a pocket billiard table, as herein required,; or

(3) fail to display conspicuously the required license where a machine is being operated.

(B) A person who violates subsection (A) is subject to a penalty of fifty five hundred dollars for each failure, and the penalty must be assessed and collected by the commission.

(C) For purposes of the violation established pursuant to in item (3) of this section subsection (A), each machine by type in excess of the appropriate license displayed constitutes a separate violation.

(D) In addition to the penalty in this section, an unlicensed machine is considered to have been on location as of June first of the licensing period, and the full annual license amount must be collected."

SECTION 5. This act is effective upon approval by the Governor, except Sections 3 and 4 are effective for licenses issued after May 31, 1993, and except the statement of residency required in Section 12-21-2723(D) of the 1976 Code in Section 1 applies to licenses issued after 1992. The South Carolina Tax Commission shall investigate and determine whether the residency requirement has been met for licenses issued in 1992./

Amend title to conform.

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

Objection

Senator LEVENTIS asked unanimous consent to make a motion that the time for explanation on this amendment be extended for two minutes.

Senator SHEALY objected.

Senator J. VERNE SMITH argued contra to the adoption of Amendment No. 29.

Senator J. VERNE SMITH moved to lay the amendment on the table.

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

Ayes 14; Nays 28

AYES

Bryan Courson Drummond
Hayes, R.W. Hinson Holland
Macaulay Mullinax Reese
Russell Smith, J.V. Stilwell
Thomas Wilson

TOTAL--14

NAYS

Carmichael Cork Courtney
Fielding Giese Gilbert
Helmly Land Leatherman
Leventis Lourie Martin
Matthews McConnell McGill
Mitchell Moore O'Dell
Passailaigue Patterson Peeler
Rose Saleeby Setzler
Shealy Smith, N.W. Washington
Williams

TOTAL--28

PAIRED

Pope (Present) Aye

Martschink (Absent) Nay

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

The amendment was adopted.

Statement by Senator MOORE

I voted to adopt the Land Amendment to S. 417 because it provides for a clear, reasonable, firm and enforceable regulatory scheme for the operation of video poker machines. I would have preferred, and my consistent voting shows, that I favor banning gambling on video poker machines. It was clear that the votes were not available in the Senate to sustain this prohibition. Rather than have this State wide open to this form of gambling unfettered by state control, I felt that the responsible act was to vote for regulation.

Amendment No. 33

Senators ROBERT W. HAYES, JR. and THOMAS proposed the following Amendment No. 33 (436\12586.DW), which was tabled:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:

"Section 12-21-2723. (A) No person may maintain or permit to be used on a single place or premises more than eight machines licensed under Section 12-21-2720(3).

(B) No person who maintains a place or premises for the operation of machines licensed under Section 12-21-2720(3) may advertise in any manner for the playing of the machines nor may a person offer or allow to be offered any special inducement to a person for the playing of machines permitted under Section 12-21-2720(3).

(C) No person under twenty-one years of age may play the machines licensed under Section 12-21-2720(3).

(D) No owner, operator, or marketer may be issued a permit by the South Carolina Tax Commission for machines pursuant to Section 12-21-2720(3) unless the owner, operator, or marketer has been a resident of South Carolina for two years. The commission shall require a statement of residency to be filed with the commission as part of the application process for permits issued under Section 12-21-2720(3) on forms and in a manner the commission considers appropriate.

(E) A person violating subsections (A), (B), or (D) of this section is subject to a fine of up to five thousand dollars to be imposed by the commission. The commission, upon a determination that the violation is wilful, may refer the violation to the Attorney General or to the appropriate circuit solicitor for criminal prosecution, and, upon conviction, the person must be fined not more than ten thousand dollars or imprisoned not more than two years, or both."

SECTION 2. The last paragraph of Section 12-21-2720 of the 1976 Code, as last amended by Act 170 of 1987, is further amended to read:

"Municipalities may increase the amount charged as license for the operation of the machines over the maximum amounts allowed before March 28, 1956, by a sum not to exceed twenty percent. No municipality or county may limit the number of machines within the boundaries of the municipality or county."

SECTION 3. Section 12-21-2726 of the 1976 Code is amended to read:

"Section 12-21-2726. Every person who maintains for use or permits the use of, on any a place or premises occupied by him, any a machine subject to the license imposed by this article shall by way of proof of licensing must have a current license attached to the machine, or alternatively the person shall have in his possession and produce on demand a receipt for a cashier's check, money order, or certified check not more than thirty days old made payable to the order of the South Carolina Tax Commission showing thereon the name or model except that those machines described in and licensed as item (3) machines may by way of proof of licensing have a current license on display at the premises occupied by him showing only the following information:

(1) the type of machine;

(2) the number of machines; and

(3) location showing the address of the machines. The owners of those machines described in and licensed as item (3) machines are specifically allowed to take advantage of those provisions of the United States Code which also authorize a tax credit for state-imposed taxes. For inspection purposes, the license must be displayed conspicuously at the location where the machine is operated."

SECTION 4. Section 12-21-2738 of the 1976 Code is amended to read:

"Section 12-21-2738. Any (A) A person who may not:

(1) fail, neglect, or refuse to comply with the terms and provisions of this article; or who fails to attach the required license to any machine, apparatus, billiard, or pocket billiard table, as herein required,

(2) fail to display conspicuously the required license where a machine is being operated.

(B) A person who violates subsection (A) is subject to a penalty of fifty five hundred dollars for each failure, and the penalty must be assessed and collected by the commission.

(C) For purposes of the violation established pursuant to in item (3) of this section subsection (A), each machine by type in excess of the appropriate license displayed constitutes a separate violation.

(D) In addition to the penalty in this section, an unlicensed machine is considered to have been on location as of June first of the licensing period, and the full annual license amount must be collected.

(E) A person may not operate a playing machine which does not have a working nonresetable continuous counter as approved by the South Carolina Tax Commission."

SECTION 5. Section 16-19-60 is repealed July 1, 1993.

SECTION 6. This act is effective upon approval by the Governor, except Sections 3 and 4 are effective for licenses issued after May 31, 1992, and except the statement of residency required in Section 12-21-2723(D) of the 1976 Code in Section 1 applies to licenses issued after 1991. The South Carolina Tax Commission shall investigate and determine whether the residency requirement has been met for licenses issued in 1991./

Renumber sections to conform.

Amend title to conform.

Senator ROBERT W. HAYES, JR. argued in favor of the adoption of the amendment.

Senator LAND moved to lay the amendment on the table.

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

Ayes 23; Nays 18

AYES

Carmichael Cork Courtney
Fielding Gilbert Helmly
Land Leventis Lourie
Martin Matthews McConnell
McGill Mitchell Passailaigue
Patterson Peeler Rose
Saleeby Shealy Smith, N.W.
Washington Williams

TOTAL--23

NAYS

Bryan Courson Drummond
Giese Hayes, R.W. Hinson
Holland Leatherman Macaulay
Moore Mullinax O'Dell
Reese Russell Smith, J.V.
Stilwell Thomas Wilson

TOTAL--18

PAIRED

Pope (Present) Nay

Martschink (Absent) Aye

The amendment was laid on the table.

Amendment No. 34

Senators ROBERT W. HAYES, JR. and THOMAS proposed the following Amendment No. 34 (436\12588.DW), which was not adopted:

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

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

"Section 12-21-2723. (A) No person may maintain or permit to be used on a single place or premises more than eight machines licensed under Section 12-21-2720(3).

(B) No person who maintains a place or premises for the operation of machines licensed under Section 12-21-2720(3) may advertise in any manner for the playing of the machines nor may a person offer or allow to be offered any special inducement to a person for the playing of machines permitted under Section 12-21-2720(3).

(C) No person under twenty-one years of age may play the machines licensed under Section 12-21-2720(3).

(D) No owner, operator, or marketer may be issued a permit by the South Carolina Tax Commission for machines pursuant to Section 12-21-2720(3) unless the owner, operator, or marketer has been a resident of South Carolina for two years. The commission shall require a statement of residency to be filed with the commission as part of the application process for permits issued under Section 12-21-2720(3) on forms and in a manner the commission considers appropriate.

(E) A person violating subsections (A), (B), or (D) of this section is subject to a fine of up to five thousand dollars to be imposed by the commission. The commission, upon a determination that the violation is wilful, may refer the violation to the Attorney General or to the appropriate circuit solicitor for criminal prosecution, and, upon conviction, the person must be fined not more than ten thousand dollars or imprisoned not more than two years, or both."

SECTION 2. The last paragraph of Section 12-21-2720 of the 1976 Code, as last amended by Act 170 of 1987, is further amended to read:

"Municipalities may increase the amount charged as license for the operation of the machines over the maximum amounts allowed before March 28, 1956, by a sum not to exceed twenty percent. No municipality or county may limit the number of machines within the boundaries of the municipality or county."

SECTION 3. Section 12-21-2726 of the 1976 Code is amended to read:

"Section 12-21-2726. Every person who maintains for use or permits the use of, on any a place or premises occupied by him, any a machine subject to the license imposed by this article shall by way of proof of licensing must have a current license attached to the machine, or alternatively the person shall have in his possession and produce on demand a receipt for a cashier's check, money order, or certified check not more than thirty days old made payable to the order of the South Carolina Tax Commission showing thereon the name or model except that those machines described in and licensed as item (3) machines may by way of proof of licensing have a current license on display at the premises occupied by him showing only the following information:

(1) the type of machine;

(2) the number of machines; and

(3) location showing the address of the machines. The owners of those machines described in and licensed as item (3) machines are specifically allowed to take advantage of those provisions of the United States Code which also authorize a tax credit for state-imposed taxes. For inspection purposes, the license must be displayed conspicuously at the location where the machine is operated."

SECTION 4. Section 12-21-2738 of the 1976 Code is amended to read:

"Section 12-21-2738. Any (A) A person who may not:

(1) fail, neglect, or refuse to comply with the terms and provisions of this article; or who fails to attach the required license to any machine, apparatus, billiard, or pocket billiard table, as herein required,

(2) fails fail to attach the required license to any a machine, an apparatus, a billiard, or a pocket billiard table, as herein required,; or

(3) fail to display conspicuously the required license where a machine is being operated.

(B) A person who violates subsection (A) is subject to a penalty of fifty five hundred dollars for each failure, and the penalty must be assessed and collected by the commission.

(C) For purposes of the violation established pursuant to in item (3) of this section subsection (A), each machine by type in excess of the appropriate license displayed constitutes a separate violation.

(D) In addition to the penalty in this section, an unlicensed machine is considered to have been on location as of June first of the licensing period, and the full annual license amount must be collected.

(E) A person may not operate a playing machine which does not have a working nonresetable continuous counter as approved by the South Carolina Tax Commission."

SECTION 5. Section 16-19-60 is repealed July 1, 1994.

SECTION 6. This act is effective upon approval by the Governor, except Sections 3 and 4 are effective for licenses issued after May 31, 1992, and except the statement of residency required in Section 12-21-2723(D) of the 1976 Code in Section 1 applies to licenses issued after 1991. The South Carolina Tax Commission shall investigate and determine whether the residency requirement has been met for licenses issued in 1991./

Renumber sections to conform.

Amend title to conform.

Senators THOMAS and COURSON argued in favor of the adoption of the amendment.

Senator LAND moved to lay the amendment on the table.

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

Ayes 19; Nays 21

AYES

Carmichael Cork Courtney
Fielding Gilbert Land
Leventis Lourie Martin
Matthews McConnell Mitchell
Passailaigue Patterson Peeler
Rose Saleeby Shealy
Williams

TOTAL--19

NAYS

Bryan Courson Drummond
Giese Hayes, R.W. Helmly
Hinson Holland Leatherman
Macaulay McGill Moore
Mullinax O'Dell Reese
Russell Smith, J.V. Smith, N.W.
Stilwell Thomas Wilson

TOTAL--21

PAIRED

Pope (Present) Nay

Martschink (Absent) Aye

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

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

Ayes 20; Nays 21

AYES

Bryan Courson Drummond
Giese Hayes, R.W. Helmly
Hinson Holland Leatherman
Macaulay Moore Mullinax
O'Dell Reese Russell
Smith, J.V. Smith, N.W. Stilwell
Thomas Wilson

TOTAL--20

NAYS

Carmichael Cork Courtney
Fielding Gilbert Land
Leventis Lourie Martin
Matthews McConnell McGill
Mitchell Passailaigue Patterson
Peeler Rose Saleeby
Shealy Washington Williams

TOTAL--21

PAIRED

Pope (Present) Aye

Martschink (Absent) Nay

The amendment was not adopted.

Amendment No. 9

Senator ROBERT W. HAYES, JR. proposed the following Amendment No. 9 (436\12445.DW), which was tabled:

Amend the bill, as and if amended, by striking SECTION 5, page 4, lines 26 and 27, and inserting:

/SECTION 5. Section 12-21-2732 of the 1976 Code is repealed upon the effective date of this act and Section 16-19-60 is repealed July 1, 1993./

Amend title to conform.

Senator ROBERT W. HAYES, JR. argued in favor of the adoption of the amendment and Senator LAND argued contra.

Senator LAND moved to lay the amendment on the table.

The amendment was laid on the table.

Amendment No. 14A

Senators PASSAILAIGUE and MATTHEWS proposed the following Amendment No. 14A (RES417.032), which was adopted:

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

/SECTION . A. Article 3, Chapter 7, Title 12 of the 1976 Code is amended by adding:

"Section 12-7-238. The South Carolina taxable income of a resident individual who has attained the age of sixty-five years is exempt from the tax imposed pursuant to Section 12-7-210 beginning with the taxable year in which he attains the age of sixty-five years as follows:

(1) for taxable years beginning in 1993, twenty percent of taxable income is exempt;

(2) for taxable years beginning in 1994, forty percent of taxable income is exempt;

(3) for taxable years beginning in 1995, sixty percent of taxable income is exempt;

(4) for taxable years beginning in 1996, eighty percent of taxable income is exempt;

(5) for taxable years beginning after 1996, one hundred percent of taxable income is exempt.

The South Carolina taxable income of a married individual eligible for this exemption who files a joint federal income tax return with a spouse who is not eligible for the exemption must be allocated between the spouses and only that South Carolina taxable income attributable to the eligible spouse is eligible for the exemption. The commission shall prescribe the method of allocation."

B. Upon the approval by the Governor, this section is effective for taxable years beginning after 1992./

Renumber sections to conform.

Amend title to conform.

Senator PASSAILAIGUE explained the amendment.

Senator STILWELL argued contra to the adoption of the amendment.

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

Ayes 22; Nays 18

AYES

Carmichael Cork Courson
Fielding Giese Gilbert
Hinson Holland Land
Leatherman Lourie Matthews
McConnell McGill Mitchell
Mullinax Passailaigue Reese
Rose Setzler Thomas
Washington

TOTAL--22

NAYS

Bryan Courtney Drummond
Hayes, R.W. Helmly Leventis
Macaulay Martin Moore
O'Dell Peeler Russell
Shealy Smith, J.V. Smith, N.W.
Stilwell Williams Wilson

TOTAL--18

PAIRED

Pope (Present) Nay

Martschink (Absent) Aye

The amendment was adopted.

Amendment No. 21A

Senator ROSE proposed the following Amendment No. 21A (RES417.33), which was adopted:

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

/SECTION . Section 12-21-2720 of the 1976 Code, as last amended by Part II, Section 14A, Act 171 of 1991, is further amended by adding a paragraph at the end to read:

"Notwithstanding any other provision of this article, no license may be issued pursuant to this article for any place or premises in which a majority of the gross income generated by the establishment is derived from any machine or machines described in item (3) of this section."/

Renumber sections to conform.

Amend title to conform.

The amendment was adopted.

There being no further amendments, the Bill was ordered returned to the House with amendments.

BY PRIOR MOTION OF SENATOR LAND, THE SENATE PROCEEDED TO A CONSIDERATION OF S. 1077.

CARRIED OVER

S. 1077 -- Senators Washington and Rose: A BILL TO AMEND SECTION 23-11-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF SHERIFFS, SO AS TO REQUIRE THAT A CANDIDATE FOR SHERIFF BE AT LEAST TWENTY-SIX YEARS OF AGE, A RESIDENT OF THE COUNTY FOR TWO YEARS, BE FINGERPRINTED AND HAVE A FINGERPRINT SEARCH CONDUCTED, AND FILE WITH THE CLERK OF COURT AN AFFIDAVIT; AND TO CHANGE THE EDUCATIONAL TRAINING AND LAW ENFORCEMENT EXPERIENCE REQUIREMENTS.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment (JUD1077.002) proposed by Senator STILWELL and previously printed in the Journal of April 14, 1992.

Senator LEATHERMAN moved that the Bill be carried over.

At 3:50 P.M., Senator McCONNELL moved that the Senate stand adjourned.

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

Ayes 16; Nays 27

AYES

Carmichael Fielding Gilbert
Holland Land Leventis
Macaulay Martin Matthews
McConnell McGill Mitchell
Patterson Saleeby Washington
Williams

TOTAL--16

NAYS

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

TOTAL--27

The Senate refused to adjourn. The question then was the motion to carry over the Bill.

Senator LAND requested to be heard.

Point of Order

Senator SETZLER raised a Point of Order that the motion to carry over was the question before the body.

The PRESIDENT sustained the Point of Order.

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

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

Ayes 13; Nays 29

AYES

Fielding Gilbert Hinson
Land Leventis Martin
Matthews McConnell McGill
Mitchell Patterson Saleeby
Washington

TOTAL--13

NAYS

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

TOTAL--29

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

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

Senator WASHINGTON requested to be heard.

Point of Order

Senator LEATHERMAN raised a Point of Order that the motion was not debatable.

The PRESIDENT sustained the Point of Order.

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

Ayes 34; Nays 8

AYES

Bryan Carmichael Cork
Courson Courtney Drummond
Giese Gilbert Hayes, R.W.
Hinson Holland Land
Leatherman Lourie Macaulay
McGill Moore Mullinax
O'Dell Passailaigue Patterson
Peeler Pope Reese
Rose Russell Setzler
Shealy Smith, J.V. Smith, N.W.
Stilwell Thomas Williams
Wilson

TOTAL--34

NAYS

Fielding Leventis Martin
Matthews McConnell Mitchell
Saleeby Washington

TOTAL--8

The Bill was carried over.

BY PRIOR MOTION OF SENATOR LAND, THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

AMENDMENT PROPOSED

CONSIDERATION INTERRUPTED

H. 3127 -- Reps. Wilkins, Sheheen, J.W. Johnson, T.C. Alexander, Keyserling, Beasley, Boan, Huff and McElveen: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT THE ANNUAL SESSION OF THE GENERAL ASSEMBLY SHALL COMMENCE ON THE SECOND TUESDAY IN FEBRUARY INSTEAD OF THE SECOND TUESDAY IN JANUARY AND THAT THE SENATE SHALL HAVE ORGANIZATIONAL MEETINGS IN THE YEARS FOLLOWING THE ELECTION OF ITS MEMBERS AND TO DELETE OBSOLETE LANGUAGE RELATING TO EARLIER SESSIONS OF THE GENERAL ASSEMBLY.

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

Senator THOMAS spoke on the Joint Resolution.

Leave of Absence

At 4:05 P.M., Senator FIELDING requested and was granted a leave of absence for the balance of the day.

Leave of Absence

At 4:05 P.M., Senator POPE requested and was granted a leave of absence beginning at 5:30 for the remainder of the day.

Leave of Absence

At 4:45 P.M., Senator HELMLY requested and was granted a leave of absence for the balance of the day.

Amendment No. 1

Senator PASSAILAIGUE proposed the following Amendment No. 1 (RES3127.01):

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

/SECTION . It is proposed that Article X of the Constitution of this State be amended by adding an appropriately numbered section to read:

"Section ( ). No law enacted to maintain conformity of the state income tax with the provisions of the federal income tax may result in increases or decreases in the state income tax liability of similar representative classes of individual and corporate taxpayers."

SECTION . The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Shall Article X of the Constitution of this State relating to finance and taxation be amended by adding an appropriately numbered section so as to provide that laws enacted to maintain conformity of the state income tax with the provisions of the federal income tax may not result in increases or decreases in the state income tax liability of similar representative classes of individual and corporate taxpayers?

Yes [ ]

No [ ]

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."/

Renumber sections to conform.

Amend title to conform.

Senator PASSAILAIGUE argued in favor of the adoption of the amendment and Senator THOMAS argued contra.

Senator McCONNELL spoke on the amendment.

ACTING PRESIDENT PRESIDES

At 5:00 P.M., Senator LEVENTIS assumed the Chair.

Leave of Absence

At 5:05 P.M., Senator LOURIE requested and was granted a leave of absence from 6:00 P.M. to 7:30 P.M.

PRESIDENT PRESIDES

At 5:08 P.M., the PRESIDENT assumed the Chair.

Senator McCONNELL continued speaking on the amendment.

By prior motion of Senator LAND, debate was interrupted for a status report from the Committee of Conference on H. 3044, the General Appropriation Bill, with Senator McCONNELL retaining the floor.

STATUS REPORT OF THE COMMITTEE OF CONFERENCE ON

H. 3044

GENERAL APPROPRIATION BILL

Senator DRUMMOND, Chairman of the Committee on Finance, was granted leave to address the body of regarding the work of the Committee of Conference.

Senator J. VERNE SMITH addressed the body.

Objection

Senator SETZLER asked unanimous consent to make a motion that when the Report of the Committee of Conference is to be received, that it be the priority business of the Senate to the exclusion of all other matters, and, upon conclusion, the Senate, would return to the matter that was interrupted when the report was considered.

Senator LAND objected.

Parliamentary Inquiry

Senator THOMAS made a Parliamentary Inquiry as to whether or not the Report of the Committee of Conference on the budget was automatically given priority status or was unanimous consent required to take it up for immediate consideration.

The PRESIDENT stated that consideration of the Report of Conference would require unanimous consent.

RECESS

At 5:17 P.M., on motion of Senator McCONNELL, the Senate receded from business not to exceed ten minutes.

At 5:45 P.M., the Senate resumed.

Leave of Absence

At 6:00 P.M., Senator COURSON requested and was granted a leave of absence until 7:30 P.M. tonight.

Leave Of Absence

At 6:00 P.M., on motion of Senator BRYAN, Senator SALEEBY was granted a leave of absence until 2:00 P.M., Monday, June 1, 1992.

Point of Privilege

Senator PATTERSON rose to a Point of Privilege.

FREE CONFERENCE POWERS GRANTED,

FREE CONFERENCE COMMITTEE APPOINTED,

REPORT OF THE COMMITTEE OF FREE

CONFERENCE ADOPTED

S. 883 -- Senators J. Verne Smith, Shealy, Leatherman, Giese, Waddell, Drummond, Moore, Bryan, Lourie, Long, Peeler, Mitchell, Hinds and Mullinax: A BILL TO AMEND TITLE 24 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 RELATING TO THE CLASSIFICATION SYSTEM AND ADULT CRIMINAL OFFENDER MANAGEMENT SYSTEM SO AS TO ESTABLISH AN OFFENDER MANAGEMENT SYSTEM TO ALLEVIATE PRISON OVERCROWDING BY PROVIDING FOR THE IDENTIFICATION, PREPARATION, AND PLACEMENT OF APPROPRIATE NON-VIOLENT OFFENDERS IN THE COMMUNITY; AND TO REPEAL SECTIONS 24-3-1110 THROUGH 24-3-2060, THE PRISON OVERCROWDING POWERS ACT.

On motion of Senator J. VERNE SMITH, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator J. VERNE SMITH spoke on the report.

On motion of Senator J. VERNE SMITH, with unanimous consent, Free Conference Powers were granted.

Whereupon, the PRESIDENT appointed Senators J. VERNE SMITH, McCONNELL and LEATHERMAN of the Committee of Free Conference on the part of the Senate, and a message was sent to the House accordingly.

On motion of Senator J. VERNE SMITH, with unanimous consent, the Report of the Committee of Free Conference to S. 883 was adopted as follows:

Free Conference Report

The General Assembly, Columbia, S.C., May 28, 1992

The COMMITTEE OF FREE CONFERENCE, to whom was referred:
S. 883 -- Senators J. Verne Smith, Shealy, Leatherman, Giese, Waddell, Drummond, Moore, Bryan, Lourie, Long, Peeler, Mitchell, Hinds and Mullinax: A BILL TO AMEND TITLE 24 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 RELATING TO THE CLASSIFICATION SYSTEM AND ADULT CRIMINAL OFFENDER MANAGEMENT SYSTEM SO AS TO ESTABLISH AN OFFENDER MANAGEMENT SYSTEM TO ALLEVIATE PRISON OVERCROWDING BY PROVIDING FOR THE IDENTIFICATION, PREPARATION, AND PLACEMENT OF APPROPRIATE NON-VIOLENT OFFENDERS IN THE COMMUNITY; AND TO REPEAL SECTIONS 24-3-1110 THROUGH 24-3-2060, THE PRISON OVERCROWDING POWERS ACT.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

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

/SECTION 1. Title 24 of the 1976 Code is amended by adding:

"CHAPTER 22

Classification System And Adult Criminal

Offender Management System

Section 24-22-10. This chapter is known and may be cited as the `Offender Management System Act'.

Section 24-22-20. As used herein:

(a) `Adult criminal offender management system' means the system developed by the State Board of Corrections and the State Board of Probation, Parole and Pardon Services which permits carefully screened inmates to be identified, transferred into Department of Corrections Reintegration Centers and placed in Department of Probation, Parole and Pardon Services Community Control Strategies.

(b) `Community control strategies' means offender supervision and offender management methods available in the community, including, but not limited to, home detention, day reporting centers, restitution centers, public service work programs, substance abuse programs, short-term incarceration, and intensive supervision.

(c) `High count' means the largest male prison system population, the largest female prison system population, or both, on any given day during a one-month period.

(d) `Prison' means any male correctional facility, female correctional facility, or combined male and female correctional facility operated by the State Department of Corrections.

(e) `Prison system' means the prisons operated by the State Department of Corrections.

(f) `Offender' means every male inmate or female inmate, or both, who, at the time of the initiation of the offender management system, is or at any time during continuation of the system is serving a criminal sentence under commitment to the State Department of Corrections, including persons serving sentences in local detention facilities designated under the provisions of applicable law and regulations.

(g) `Prison system population' means the total number of male prisoners, female prisoners, or combined total of female and male prisoners housed in the prisons operated by the State Department of Corrections.

(h) `Reintegration center' means an institution operated by the State Department of Corrections which provides for the evaluation of and necessary institutional programs for inmates in the offender management system.

(i) `Release date' means the date projected by the State Department of Corrections on which a prisoner will be released from prison, assuming maximum accrual of credit for good behavior has been established under Section 24-13-210 and earned work credits under Section 24-13-230.

(j) `Qualified prisoners' means any male prisoners, female prisoners, or combined total of female or male prisoners convicted of a nonviolent offense for which such prisoner has received a total sentence of five years or less and is presently serving a non-mandatory term of imprisonment for conviction of one or more of the following offenses:

reckless homicide (56-5-2910); armed robbery/accessory after the fact; simple assault; intimidation (16-11-550, 16-17-560); aggravated assault (16-23-490); arson of residence to defraud an insurer (16-11-110, 16-11-125); arson (16-11-110); arson-2nd degree (16-11-110(B)); arson-3rd degree (16-11-110(C)); burglary of safe vault (16-11-390); possession of tools for a crime (16-11-20); attempted burglary (16-13-170); petit larceny (16-13-30); purse snatching (16-13-150); shoplifting (16-13-110, 16-13-120); grand larceny (16-13-20); attempted grand larceny (16-13-20); larceny; credit card theft (16-13-20, 16-13-30, 16-13-35); possession of stolen vehicle (16-21-80, 16-21-130); unauthorized use of a vehicle (16-21-60, 16-21-130); forgery (16-13-10); fraud-swindling (16-13-320); fraudulent illegal use of credit card (16-14-60); fraudulent check (34-11-60); fraud-false statement or representation (16-13-240 through 16-13-290); breach of trust with fraudulent intent (16-13-230); failure to return tools or vehicle (16-13-420); insurance fraud (16-11-125, 16-11-130); obtaining controlled substance by fraud (44-53-40); defrauding an innkeeper (45-1-50); receipt of stolen property (16-13-180); destroying personal property (16-11-510); malicious injury to property (16-11-510, 16-11-520); hallucinogen-possession (44-53-370(c)); heroin-possession (44-53-370(c)); cocaine-possession (44-53-370(c)); cocaine-transporting (44-53-370(a)); marijuana-possession (44-53-370(c)); marijuana-producing (44-53-370(a)); legend drugs-possession (44-53-370(c)); distributing imitation controlled substances (44-53-370(a)); possession-imitation controlled substance (44-53-370(a)); indecent exposure (16-15-130); peeping tom (16-17-470); contributing to delinquency of minor (16-17-490); neglect-child (20-7-50); abandonment/non-support (20-7-80); criminal domestic violence (16-25-20); prostitution (16-15-90 through 16-15-110); unlawful liquor possession (61-5-30); public disorderly conduct/intoxication (16-17-530); making false report (16-17-725); contempt of court (14-1-150); obstructing justice (16-9-310 through 16-9-380); bribery (16-9-210 through 16-9-270, 16-17-540 through 16-17-550); possession of incendiary device (16-23-480, 16-11-550); weapon license/registration (23-31-140); explosives possession (23-36-50, 23-36-170); threat to bomb (16-11-550); unlawful possession of firearm on premises of alcoholic beverage establishment (16-23-465); discharging firearm in dwelling (16-23-440); pointing a firearm (16-23-410); littering (16-11-700); DUI-drugs (56-5-2930, 56-5-2940); driving under suspension (56-1-460); failure to stop for officer (56-5-750); leaving the scene of accident (56-5-1210, 56-5-1220); possession of open container (61-9-87); trespassing (16-11-600 through 16-11-640); illegal use of telephone (16-17-430); smuggling contraband into prison (24-3-950); tax evasion (12-7-2750); false income tax statement (12-7-1630, 12-7-2750); accessory to a felony (16-1-40, 16-1-50); misprision of a felony; criminal conspiracy (16-17-410); habitual offender (56-1-1020 through 56-1-1100).

(k) `Operating capacity' means the safe and reasonable male inmate capacity, female inmate capacity, or combined male and female inmate capacity of the prison system operated by the State Department of Corrections as certified by the State Department of Corrections and approved by the State Budget and Control Board.

Section 24-22-30. To be eligible to participate in the offender management system, an offender shall:

(a) be classified as a qualified prisoner as defined herein;

(b) maintain a clear disciplinary record during the offender's incarceration or for at least six months prior to consideration for placement in the system;

(c) demonstrate during incarceration a general desire to become a law abiding member of society;

(d) satisfy any reasonable requirements imposed on the offender by the Department of Corrections;

(e) be willing to participate in the criminal offender management system and all of its programs and rehabilitative services and agree to conditions imposed by the departments;

(f) possess an acceptable risk score. The risk score shall be affected by, but not be limited to, the following factors:

(1) nature and seriousness of the current offense;

(2) nature and seriousness of prior offenses;

(3) institutional record;

(4) performance under prior criminal justice supervision; and

(g) satisfy any other criteria established by the South Carolina Department of Corrections and the State Board of Probation, Parole and Pardon Services.

Section 24-22-40. The South Carolina Department of Probation, Parole and Pardon Services, in cooperation with the South Carolina Department of Corrections shall develop and establish policies, procedures, guidelines, and cooperative agreements for the implementation of an adult criminal offender management system which permits carefully screened and selected male offenders and female offenders to be enrolled in the criminal offender management system.

After review by and approval of three members of the Board of Probation, Parole and Pardon Services designated by the Governor, the board shall enroll qualified offenders monthly into the offender management system to prevent the prison system population from exceeding one hundred percent of capacity at high count. No offender shall be issued an offender management system certificate and released from prison if the release of the offender will reduce the prison system population below ninety-five percent of capacity at high count.

If the Governor at any time during periods when the offender management system is in operation, determines that an insufficient number of inmates are being enrolled into the System to keep the prison system population below one hundred percent of capacity of high count or if the Governor determines that the number of inmates released has reached a level that could endanger the public welfare and safety of the State, he may issue an Executive Order requiring the South Carolina Department of Probation, Parole and Pardon Services and the South Carolina Department of Corrections to enroll a specified number of qualified prisoners per month for a specified number of months or require the Department to cease and desist in the release of the inmates accordingly.

Section 24-22-50. The offender management system shall be in operation during all periods that the system is appropriately funded.

Section 24-22-60. Offenders enrolled in the offender management system shall be evaluated at Department of Corrections Reintegration Centers. The evaluation shall determine the offender's needs prior to community placement. The programs and services provided at a reintegration center by the Department of Corrections shall prepare offenders to be placed in the appropriate community control strategies.

Section 24-22-70. Offenders enrolled in the offender management system shall be entitled to good behavior credit as specified in Section 24-13-210 and to earned work credits as determined pursuant to Section 24-13-230. Offenders revoked from the offender management system shall not receive credit on their sentence for six months or for the time credited while placed in the community control strategies, whichever is less.

Section 24-22-80. Revocation of offender management system status awarded under this chapter is a permissible prison disciplinary action.

Offenders transferred to a reintegration center who have not been placed in and agreed to community control strategies and who violate the conditions of the offender management system may be revoked from the system by the Department of Corrections. Offenders who have been placed in and agreed to the community control strategies who violate the conditions of the offender management system certificate may be revoked from the offender management system by the Department of Probation, Parole and Pardon Services. The revocation procedures shall be developed jointly by the South Carolina Department of Corrections and the South Carolina Department of Probation, Parole and Pardon Services. There shall be no right to appeal a revocation.

Section 24-22-90. Offenders shall be enrolled in the offender management system and supervised in the community by the South Carolina Department of Probation, Parole and Pardon Services. The South Carolina Department of Corrections shall transfer enrolled inmates to a South Carolina Department of Corrections Reintegration Center for evaluation pursuant to Section 24-22-60. The South Carolina Department of Probation, Parole and Pardon Services shall issue an offender management system certificate with conditions which must be agreed to by the offender prior to the offender's placement in the community control strategies.

The South Carolina Department of Corrections shall notify the South Carolina Department of Probation, Parole and Pardon Services of all victim impact statements filed pursuant to Section 16-1-1550, which references offenders enrolled in the offender management system. The South Carolina Department of Probation, Parole and Pardon Services shall, prior to enrolling an offender into the offender management system, give thirty days prior written notice to any person or entity who has filed a written request for notice. Any victim or witness pursuant to Section 16-3-1530(C) and any solicitor, law enforcement officer, or other person or entity may request notice about an offender under this section and may testify by written or oral statement for or against the release. The South Carolina Department of Probation, Parole and Pardon Services shall have authority to deny enrollment to any offender based upon the statements of any person responding to the notice of enrollment.

Section 24-22-100. Offenders enrolled in the offender management system shall be required to participate in programs designated by the South Carolina Department of Probation, Parole and Pardon Services including community control strategies. These strategies may include, but are not limited to:

(a) the South Carolina Department of Probation, Parole and Pardon Services Home Detention Supervision Program;

(b) day reporting centers;

(c) restitution centers;

(d) public service work programs;

(e) substance abuse programs;

(f) short term incarceration; and

(g) intensive supervision programs.

Section 24-22-110. Offenders enrolled in the offender management system shall retain the status of inmates in the jurisdiction of the South Carolina Department of Corrections. Control over the offenders is vested in the South Carolina Department of Corrections while the offender is in a reintegration center and is vested in the South Carolina Department of Probation, Parole and Pardon Services while the offender is in the community. Offenders may be revoked from the offender management system for a violation of any condition of the offender management system. There shall be no right to appeal the revocation decision of either department.

Section 24-22-120. At any time while an enrolled offender is at a reintegration center, the enrolled offender may be disciplined or removed from the offender management system, or both, according to procedures established by the Department of Corrections.

At any time during a period of community supervision, a probation and parole agent may issue a warrant or a citation and affidavit setting forth that the person enrolled in the offender management system has in the agent's judgment violated the conditions of the offender management system. Any police officer or other officer with the power of arrest in possession of a warrant may arrest the offender and detain such offender in the county jail or other appropriate place of detention until such offender can be brought before the Department of Probation, Parole, and Pardon Services. The offender shall not be entitled to be released on bond pending a hearing.

Section 24-22-130. Offenders enrolled in the offender management system shall not be given a parole hearing or released on supervised furlough as long as the offender is on offender management system status. Offenders who have vested roll backs granted under the Prison Overcrowding Powers Act shall not lose such benefits. Offenders enrolled in the offender management system will remain in the offender management system until the offender's sentence is satisfied, unless sooner revoked.

Section 24-22-140. The enactment of this legislation shall not create a `liberty interest' or an `expectancy of release' in any offender now incarcerated or in any offender who is incarcerated in the future.

Section 24-22-150. The offender management system must not be initiated and offenders shall not be enrolled in the offender management system unless appropriately funded out of the general funds of the State.

During periods when the offender management system is in operation and either the South Carolina Department of Corrections or the South Carolina Department of Probation, Parole and Pardon Services determines that its funding for the system has been exhausted, the commissioner for the department having made the determination that funds are exhausted shall notify the commissioner of the other department, the Governor, the Speaker of the House of Representatives, and the President Pro Tempore of the Senate. The offender management system shall then terminate until appropriate funding has been provided from the general funds of the State.

Section 24-22-160. The Board of Corrections and the Budget and Control Board shall establish the operating capacities of the male prison population and the female prison population of the prison system operated by the Department of Corrections and shall, at least quarterly, certify existing operating capacities or establish changed or new operating capacities."

SECTION 2. Sections 24-3-1110, 24-3-1120, 24-3-1130, 24-3-1140, 24-3-1150, 24-3-1160, 24-3-1170, 24-3-1180, 24-3-1190, 24-3-2010, 24-3-2020, 24-3-2030, 24-3-2050, and 24-3-2060 of the 1976 Code are hereby repealed.

SECTION 3. The offender management system and any regulations promulgated thereto shall terminate three years from the date the Governor approves this act unless extended by the General Assembly.

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

Renumber sections to conform.

Amend title to conform.

/s/Senator J. Verne Smith /s/Rep. Sandra S. Wofford
/s/Senator Hugh K. Leatherman /s/Rep. Lewis R. Vaughn
/s/Senator Glenn F. McConnell Rep. Dave C. Waldrop, Jr.

On Part of the Senate. On Part of the House.

and a message was sent to the House accordingly.

AMENDMENT PROPOSED, CONSIDERATION INTERRUPTED;

BILL REMAINED IN THE STATUS OF SPECIAL ORDER

H. 3127 -- Reps. Wilkins, Sheheen, J.W. Johnson, T.C. Alexander, Keyserling, Beasley, Boan, Huff and McElveen: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT THE ANNUAL SESSION OF THE GENERAL ASSEMBLY SHALL COMMENCE ON THE SECOND TUESDAY IN FEBRUARY INSTEAD OF THE SECOND TUESDAY IN JANUARY AND THAT THE SENATE SHALL HAVE ORGANIZATIONAL MEETINGS IN THE YEARS FOLLOWING THE ELECTION OF ITS MEMBERS AND TO DELETE OBSOLETE LANGUAGE RELATING TO EARLIER SESSIONS OF THE GENERAL ASSEMBLY.

The Senate resumed consideration of the Joint Resolution. The question being the adoption of the Amendment No. 1 (RES3127.01) proposed by Senator PASSAILAIGUE.

Senator McCONNELL resumed speaking on the amendment.

At 6:30 P.M., Senator McCONNELL moved that the Senate stand adjourned.

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

Ayes 13; Nays 23

AYES

Carmichael Gilbert Holland
Land Leventis Macaulay
Martin Matthews McConnell
Patterson Smith, N.W. Washington
Williams

TOTAL--13

NAYS

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

TOTAL--23

The Senate refused to adjourn.

The question then was the adoption of the amendment.

Senator LEATHERMAN moved to lay the amendment on the table.

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

Ayes 17; Nays 18

AYES

Bryan Cork Courtney
Drummond Giese Hinson
Leatherman O'Dell Peeler
Russell Setzler Shealy
Smith, J.V. Stilwell Thomas
Williams Wilson

TOTAL--17

NAYS

Carmichael Gilbert Holland
Land Leventis Macaulay
Martin Matthews McConnell
McGill Moore Mullinax
Passailaigue Patterson Reese
Rose Smith, N.W. Washington

TOTAL--18

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

Senator THOMAS argued contra to the adoption of Amendment No. 1.

ACTING PRESIDENT PRESIDES

At 6:44 P.M., Senator LEVENTIS assumed the Chair.

Senator THOMAS continued arguing contra to the adoption of Amendment No. 1.

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

Ayes 18; Nays 18

AYES

Carmichael Gilbert Holland
Land Leventis Macaulay
Martin Matthews McConnell
McGill Mullinax Passailaigue
Patterson Reese Rose
Smith, N.W. Washington Williams

TOTAL--18

NAYS

Bryan Cork Courtney
Drummond Giese Hayes, R.W.
Hinson Leatherman Moore
O'Dell Peeler Russell
Setzler Shealy Smith, J.V.
Stilwell Thomas Wilson

TOTAL--18

The PRESIDENT voted "no".

The amendment was not adopted.

At 7:05 P.M., Senator WILLIAMS moved that the Senate stand adjourned.

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

Ayes 16; Nays 21

AYES

Carmichael Gilbert Hinson
Holland Land Leventis
Macaulay Martin Matthews
McConnell McGill Mullinax
Patterson Smith, N.W. Washington
Williams

TOTAL--16

NAYS

Bryan Cork Courson
Courtney Drummond Giese
Hayes, R.W. Leatherman Moore
O'Dell Passailaigue Peeler
Reese Rose Russell
Setzler Shealy Smith, J.V.
Stilwell Thomas Wilson

TOTAL--21

The Senate refused to adjourn.

Leave of Absence

At 7:20 P.M., Senator GILBERT requested and was granted a leave of absence until Tuesday at 12:00 Noon.

Leave of Absence

At 7:20 P.M., Senator NELL W. SMITH requested and was granted a leave of absence until Tuesday at 12:00 Noon.

Amendment No. 3

Senator PASSAILAIGUE proposed the following Amendment No. 3 (RES3127.03), which was tabled:

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

/SECTION . It is proposed that Article X of the Constitution of this State be amended by adding:

"Section 3C. No tax, subsidy, or charge shall be established, fixed, laid, or levied by the General Assembly, except upon an act of the General Assembly adopted with an affirmative vote in each branch of the General Assembly by three-fifths of the total membership in each branch, provided that this section shall not apply to taxes required pursuant to the provisions of Article X, Section 13."

SECTION . The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Shall Article X of the Constitution of this State be amended by adding Section 3C so as to provide that no tax, subsidy, or charge shall be established, fixed, laid, or levied by the General Assembly, except upon an act of the General Assembly adopted with an affirmative vote in each branch of the General Assembly by three-fifths of the total membership in each branch, provided that this section shall not apply to taxes required pursuant to the provisions provided in Article X, Section 13?

Yes [ ]

No [ ]

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."/

Renumber sections to conform.

Amend title to conform.

Senator PASSAILAIGUE argued in favor of the adoption of the amendment and Senator BRYAN argued contra.

Senator BRYAN moved to lay the amendment on the table.

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

Ayes 20; Nays 14

AYES

Bryan Cork Courson
Courtney Drummond Giese
Hayes, R.W. Hinson Holland
Leatherman McGill O'Dell
Peeler Russell Setzler
Shealy Smith, J.V. Stilwell
Thomas Wilson

TOTAL--20

NAYS

Carmichael Land Leventis
Macaulay Martin Matthews
McConnell Mullinax Passailaigue
Patterson Reese Rose
Washington Williams

TOTAL--14

The amendment was laid on the table.

At 7:31 P.M., Senator LAND moved that the Senate stand adjourned.

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

Ayes 12; Nays 23

AYES

Carmichael Holland Land
Leventis Macaulay Martin
Matthews McConnell Passailaigue
Patterson Washington Williams

TOTAL--12

NAYS

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

TOTAL--23

The Senate refused to adjourn.

Amendment No. 4

Senators ROSE, PASSAILAIGUE and McCONNELL proposed the following Amendment No. 4 (RES3127.04), which was tabled:

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

/SECTION . It is proposed that Article XVII of the Constitution of this State be amended by adding:

"Section 15. In addition to the provisions of Articles III and XVI of this Constitution, relating to the enactment of laws and constitutional amendments, there is reserved in the people the power to enact laws and constitutional amendments by means of initiative petition. Any initiative petition must contain a full and correct copy of the title and text of the proposed law or amendment and must be signed by not fewer than eight percent of the qualified electors eligible to vote at the last general election. A valid signature on an initiative petition must include the name, complete address, and precinct of the signer. A petition must be presented to the State Election Commission at least sixty days before a general election. If the commission determines that the petition conforms to the requirements of this section, it shall submit the proposed law or constitutional amendment to the qualified electors of this State at the next general election. If a majority of the qualified electors voting on the proposed law or constitutional amendment vote in favor it is a law of this State or a part of this Constitution. The commission shall certify the results to the Code Commissioner who shall assign the law or constitutional amendment to an appropriate place in the Code of Laws or the Constitution."

SECTION . The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Shall Article XVII of the Constitution of this State be amended by adding a new section so as to provide for the enactment of a law or constitutional amendment initiated by a petition signed by no fewer than eight percent of the qualified electors eligible to vote at the last general election followed by a majority vote in favor of the proposed law or constitutional amendment at the next general election?

Yes [ ]

No [ ]

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."/

Renumber sections to conform.

Amend title to conform.

Point of Order

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

Senator PASSAILAIGUE spoke on the Point of Order.

Senator SHEALY spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

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

Senator SHEALY moved to lay the amendment on the table.

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

Ayes 24; Nays 11

AYES

Bryan Carmichael Cork
Courson Drummond Giese
Hayes, R.W. Hinson Holland
Leatherman Martin Matthews
McGill Moore O'Dell
Patterson Peeler Russell
Setzler Shealy Smith, J.V.
Stilwell Thomas Wilson

TOTAL--24

NAYS

Courtney Land Leventis
Macaulay McConnell Mullinax
Passailaigue Reese Rose
Washington Williams

TOTAL--11

The amendment was laid on the table.

At 8:00 P.M., Senator LAND moved that the Senate stand adjourned.

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

Ayes 17; Nays 18

AYES

Carmichael Hinson Holland
Land Leventis Macaulay
Martin Matthews McConnell
McGill Mullinax Passailaigue
Patterson Reese Rose
Washington Williams

TOTAL--17

NAYS

Bryan Cork Courson
Courtney Drummond Giese
Hayes, R.W. Leatherman Moore
O'Dell Peeler Russell
Setzler Shealy Smith, J.V.
Stilwell Thomas Wilson

TOTAL--18

The Senate refused to adjourn.

Amendment No. 5

Senators SHEALY and MARTSCHINK proposed the following Amendment No. 5 (RES3127.05), which was tabled:

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

/SECTION . It is proposed that Section 7, Article XVII of the Constitution of this State be amended to read:

"Section 7. No lottery shall ever be allowed or be advertised by newspapers, or otherwise, or its tickets be sold in this State. The State may conduct lotteries as provided for by the General Assembly. The revenue from the state lottery, after payment of operational expenses which may not exceed fifteen percent of the gross sales, must be apportioned as follows:

(1) Counties shall receive up to twenty-five million dollars for reimbursement for health care for the indigent. Each county shall levy millage as required by law and reduce from the total millage which offsets lottery funds received for health care for the indigent. The amount paid each county must be based on expenses by the county for medically indigent for the prior year.

(2) After the requirements of item (1) are satisfied, up to twenty million dollars must be returned to local governments on a population basis.

(3) After the requirements of item (2) are satisfied, fifteen million dollars must be used for the elderly and handicapped as the General Assembly shall provide.

(4) After the requirements of item (3) are satisfied, the remainder must be used for equipment for public education including technical schools.

The game of bingo, when conducted by charitable, religious, or fraternal organizations exempt from federal income taxation or when conducted at recognized annual State state and county fairs, shall is not be deemed considered a lottery prohibited by this section."

SECTION . The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Shall Section 7, Article XVII of the Constitution of this State be amended so as to authorize lotteries to be conducted by the State as provided for by the General Assembly with the revenues apportioned as follows:

(1) Counties shall receive up to twenty-five million dollars for reimbursement for health care for the indigent. Each county shall levy millage as required by law and reduce from the total millage which offsets lottery funds received for health care for the indigent. The amount paid each county must be based on expenses by the county for medically indigent for the prior year.

(2) After the requirements of item (1) are satisfied, up to twenty million dollars must be returned to local governments on a population basis.

(3) After the requirements of item (2) are satisfied, fifteen million dollars must be used for the elderly and handicapped as the General Assembly shall provide.

(4) After the requirements of item (3) are satisfied, the remainder must be used for equipment for public education including technical schools?

Yes _

No _

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."/

Renumber sections to conform.

Amend title to conform.

Senator SHEALY argued in favor of the adoption of the amendment and Senator J. VERNE SMITH argued contra.

Senator J. VERNE SMITH moved to lay the amendment on the table.

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

Ayes 22; Nays 13

AYES

Bryan Courson Drummond
Giese Hayes, R.W. Hinson
Leventis Macaulay McGill
Moore Mullinax O'Dell
Reese Rose Russell
Setzler Smith, J.V. Stilwell
Thomas Washington Williams
Wilson

TOTAL--22

NAYS

Carmichael Cork Courtney
Holland Land Lourie
Martin Matthews McConnell
Passailaigue Patterson Peeler
Shealy

TOTAL--13

The amendment was laid on the table.

Amendment No. 6

Senators SHEALY and MARTSCHINK proposed the following Amendment No. 6 (CYY\18974.SD):

Amend the joint resolution, as and if amended, by adding appropriately numbered sections to read:

/SECTION ____. It is proposed that Section 7, Article XVII of the Constitution of this State be amended to read:

"Section 7. No lottery shall ever be allowed or be advertised by newspapers, or otherwise, or its tickets be sold in this State. The State may conduct lotteries as provided for by the General Assembly. The revenue from the state lottery, after payment of operational expenses which may not exceed fifteen percent of the gross sales, must be used for public education in the manner the General Assembly shall provide:

The game of bingo, when conducted by charitable, religious, or fraternal organizations exempt from federal income taxation or when conducted at recognized annual state and county fairs, shall is not be deemed considered a lottery prohibited by this section."

SECTION ____. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Shall Section 7, Article XVII of the Constitution of this State be amended so as to authorize lotteries to be conducted by the State as provided for by the General Assembly with the revenues used for public education in the manner the General Assembly shall provide?

Yes [ ]

No [ ]

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word `Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word `No'."/

Renumber sections to conform.

Amend title to conform.

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

ACTING PRESIDENT PRESIDES

At 8:20 P.M., Senator MOORE assumed the Chair.

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

On motion of Senator LAND, with unanimous consent, consideration was interrupted by adjournment with Senator SHEALY retaining the floor. The Joint Resolution remained in the status of Special Order.

Time Fixed

Senator LAND moved that when the Senate adjourns on Friday, May 29, 1992, it stand adjourned to meet next Tuesday, June 2, 1992, at 12:00 Noon, which motion was adopted.

ADJOURNMENT

At 8:31 P.M., on motion of Senator LAND, the Senate adjourned to meet tomorrow at 11:00 A.M.

* * *


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