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The following was received.
Columbia, S.C., June 12, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that the Report of the Committee of Free Conference having been adopted by both Houses ordered that the title be changed to that of an Act, and the Act enrolled for Ratification:
H. 3690 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1994-95 SURPLUS GENERAL FUND REVENUES.
Very respectfully,
President

Received as information.

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

That the same do pass with the following amendments:

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

/SECTION 1. Section 12-33-210 of the 1976 Code, as last amended by Act 501 of 1992, is further amended by adding at the end:

SECTION 2. Section 61-1-105 of the 1976 Code is amended to read:

"Section 61-1-105. If a biennial licensee or permittee under this title closes the licensed or permitted business for loss of the business lease or due to fire or other natural disaster or dies within for any reason during the first year of the biennial license or permit year period, the licensee or permittee or his estate must be refunded the amount of the license or permit fee attributable to the second year of the biennial license or permit year period. No licensee or permittee is eligible for a refund under the provisions of this section if the license or permit has been canceled, relinquished, or revoked as a result of an enforcement action or a failure to adhere to the conditions of the license or permit."

SECTION 3. Section 61-3-710 of the 1976 Code, as last amended by Section 1583, Act 181 of 1993, is further amended to read:

"Section 61-3-710. (A) Licenses issued under this chapter expire biennially according to the county where the licensed location is situated. The expiration dates are the last day of:

(1) February in years which end in an:

(a) odd number for Allendale, Bamberg, Barnwell, Beaufort, and Berkeley counties;

(b) even number for Charleston, Clarendon, Colleton, Dorchester, Georgetown, Hampton, Jasper, and Williamsburg counties;

(2) May in years which end in an:

(a) odd number for Cherokee, Chester, Chesterfield, Darlington, Dillon, Fairfield, Florence, and Horry counties;

(b) even number for Lancaster, Marion, Marlboro, Union, and York counties;

(3) August in years which end in an:

(a) odd number for Calhoun, Kershaw, Lee, Orangeburg, and Sumter counties;

(b) even number for Richland County;

(4) November in years which end in an:

(a) odd number for Abbeville, Aiken, Anderson, Edgefield, Greenville, and Greenwood counties;

(b) even number for Laurens, Lexington, McCormick, Newberry, Oconee, Pickens, Saluda, and Spartanburg counties.

(B) (1) Licensees in Abbeville, Aiken, Anderson, Calhoun, Edgefield, Greenville, Greenwood, Kershaw, Lee, Orangeburg, and Sumter counties

(C) The department shall prorate license fees for license years 1992-94 according to the time the licenses are valid."

SECTION 4. Section 61-5-70 of the 1976 Code, as last amended by Section 1584, Act 181 of 1993, is further amended to read:

"Section 61-5-70. (A) Licenses issued under this article expire biennially according to the county where the licensed location is situated. The expiration dates are the last day of:

(1) February in years which end in an:

(a) odd number for Allendale, Bamberg, Barnwell, Beaufort, and Berkeley counties;

(b) even number for Charleston, Clarendon, Colleton, Dorchester, Georgetown, Hampton, Jasper, and Williamsburg counties;

(2) May in years which end in an:

(a) odd number for Cherokee, Chester, Chesterfield, Darlington, Dillon, Fairfield, Florence, and Horry counties;

(b) even number for Lancaster, Marion, Marlboro, Union, and York counties;

(3) August in years which end in an:

(a) odd number for Calhoun, Kershaw, Lee, Orangeburg, and Sumter counties;

(b) even number for Richland County;

(4) November in years which end in an:

(a) odd number for Abbeville, Aiken, Anderson, Edgefield, Greenville, and Greenwood counties;

(b) even number for Laurens, Lexington, McCormick, Newberry, Oconee, Pickens, Saluda, and Spartanburg counties.
(B) (1) Licensees in Abbeville, Aiken, Anderson, Calhoun, Edgefield, Greenville, Greenwood, Kershaw, Lee, Orangeburg, and Sumter counties shall obtain a one-year license in 1992. Beginning in 1993 these licensees shall obtain a biennial license.

(C) The department shall prorate license fees for license years 1992-94 according to the time the license is valid."

SECTION 5. Section 61-9-310 of the 1976 Code, as last amended by Section 1586, Act 181 of 1993, is further amended to read:

"Section 61-9-310. (A) Every person engaging in the business of selling beer, ale, porter, wine, or a beverage which has been declared to be nonalcoholic and nonintoxicating under Section 61-9-10 shall apply to the department for a permit to sell these beverages. Each applicant shall pay a filing fee of two hundred dollars which is not refundable. Retail dealers shall pay to the department four hundred dollars biennially for retail permits, and wholesale dealers shall pay to the department two thousand dollars biennially for wholesale permits. Separate permits are required for each separate place of business.

(B) All permits issued under this chapter expire biennially according to the county where the place of business is situated. The expiration dates are:

(1) the last day of February in years which end in an:

(a) odd number for Allendale, Bamberg, Barnwell, Beaufort, and Berkeley counties;

(b) even number for Charleston, Clarendon, Colleton, Dorchester, Georgetown, Hampton, Jasper, and Williamsburg counties;

(2) the last day of May in years which end in an:

(a) odd number for Cherokee, Chester, Chesterfield, Darlington, Dillon, Fairfield, Florence, and Horry counties;

(b) even number for Lancaster, Marion, Marlboro, Union, and York counties;

(3) the last day of August in years which end in an:

(a) odd number for Calhoun, Kershaw, Lee, Orangeburg, and Sumter counties;

(b) even number for Richland County;

(4) the last day of November in years which end in an:

(a) odd number for Abbeville, Aiken, Anderson, Edgefield, Greenville, and Greenwood counties;

(C) (1) Permittees in Abbeville, Aiken, Anderson, Calhoun, Edgefield, Greenville, Greenwood, Kershaw, Lee, Orangeburg, and Sumter shall obtain a one-year permit in 1992. Beginning in 1993 these permittees shall obtain a biennial permit.

(2) Permittees in Charleston, Clarendon, Colleton, Dorchester, Georgetown, Hampton, Jasper, Lancaster, Marion, Marlboro, Union, Williamsburg, and York counties whose permit expires in 1993 shall obtain a one-year permit. Beginning in 1994, these permittees shall obtain a biennial permit.

(3) Permittees in counties not provided in item (1) or (2) whose permit expires in 1992 or 1993 shall obtain a biennial permit upon their first permit renewal or registration after June 30, 1992.

(D) The department shall prorate permit fees for permit years 1992-94 according to the length of time the permit is valid.

(C) A person who initially applies for a permit after the first day of a permit period shall pay permit fees in accordance with the schedule provided in Section 61-5-80(B)."

SECTION 6. Section 12-33-220 of the 1976 Code is repealed.

SECTION 7. This act takes effect upon approval by the Governor; however, SECTION 2 applies to bi-annual licenses or permits issued after June 30, 1992./

Amend title to conform.

/s/Holly A. Cork /s/Paula H. Thomas
W. Greg Ryberg /s/Mark S. Kelley
/s/Greg Smith /s/Scott H. Richardson

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

Rep. RICHARDSON explained the Conference Report.

The Conference Report was adopted and a message was ordered sent to the Senate accordingly.

The following was introduced:

H. 4305 -- Reps. Tucker, D. Smith, Allison, Anderson, Askins, Bailey, Baxley, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney,

Whereas, the Honorable Donald W. "Don" Beatty of Spartanburg was elected to serve as a judge in the Seventh Judicial Circuit; and

Whereas, Don Beatty has served House District 31 with distinction since 1991; and

Whereas, his commitment to public service began in 1988 when Don Beatty served on the Spartanburg City Council; and

Whereas, Don Beatty received a Bachelor of Arts degree in 1974 from South Carolina State University and his Juris Doctor from the University of South Carolina in 1979; and

Whereas, the members of the General Assembly publicly thank Don Beatty on behalf of the people of his district, Spartanburg County, and South Carolina for all he has done to make state government an effective instrument for helping the citizens of this State; and

Whereas, the members of the General Assembly will miss Don Beatty but are proud to note his accomplishments and are pleased that South Carolinians will continue to benefit from his dedication to public service. Now, therefore,

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

That the General Assembly commends the Honorable Donald W. "Don" Beatty of Spartanburg for his exemplary service as a member of the South Carolina House of Representatives and wishes him the very best as he

Be it further resolved that a copy of this resolution be forwarded to the Honorable Donald W. "Don" Beatty.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

The following was introduced:

H. 4306 -- Reps. Cromer, Inabinett, Allison, Anderson, Askins, Bailey, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Elliott, Fair, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Haskins, Herdklotz, Hines, Hodges, Howard, Huff, Hutson, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Limbaugh, Limehouse, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and J. Young: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO ANNE D. FOSTER FOR HER DEDICATED SERVICE AND TIRELESS DEVOTION TO STATE SERVICE AND PARTICULARLY THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES WHERE HER SMILING FACE AND TENDERHEARTED PERSONALITY HAVE GRACED ITS HALLS SINCE 1977.

Whereas, the members of the General Assembly feel it is time to recognize a state employee who has tirelessly served her State with honor; and

Whereas, Anne D. Foster has held the position of Information Services Clerk for the House of Representatives since 1977; and

Whereas, Mrs. Foster received the Palmetto Lady Award from Governors West and Edwards; and

Whereas, Anne Foster is an alumna of Pi Beta Phi Sorority of the University of South Carolina and a member of the Lexington Baptist Church where she is a choir member and Outreach Leader for the Youth Department. Now, therefore,

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

That the General Assembly expresses deepest appreciation to Anne D. Foster for her dedicated service and tireless devotion to state service and particularly the South Carolina House of Representatives where her smiling face and tenderhearted personality have graced its Halls since 1977.

Be it further resolved that a copy of this resolution be forwarded to Mrs. Anne D. Foster.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

The following was introduced:

H. 4307 -- Rep. P. Harris: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF DR. JAMES GORDON HALFORD, JR., OF ANDERSON WHO DIED WEDNESDAY, JUNE 7, 1995.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

The roll call of the House of Representatives was taken resulting as follows.

Allison          Anderson         Askins
Baxley           Beatty           Boan
Breeland         Brown, H.        Brown, J.
Brown, T.        Byrd             Cain
Cato             Cave             Chamblee

Clyburn          Cobb-Hunter      Cooper
Cotty            Cromer           Dantzler
Davenport        Delleney         Easterday
Elliott          Felder           Fleming
Fulmer           Gamble           Govan
Harrell          Harris, P.       Harrison
Haskins          Herdklotz        Hines
Hodges           Huff             Jennings
Keegan           Kelley           Kennedy
Keyserling       Kinon            Kirsh
Klauber          Knotts           Law
Limbaugh         Limehouse        Littlejohn
Lloyd            Marchbanks       Martin
Mason            McAbee           McCraw
McKay            McMahand         McTeer
Moody-Lawrence   Neal             Neilson
Phillips         Rhoad            Rice
Richardson       Riser            Robinson
Rogers           Sandifer         Scott
Sharpe           Sheheen          Simrill
Smith, D.        Smith, R.        Spearman
Stille           Thomas           Tripp
Trotter          Tucker           Vaughn
Waldrop          Walker           Wells
Whatley          Whipper, L.      Whipper, S.
Wilder           Wilkes           Wilkins
Williams         Witherspoon      Wofford
Worley           Wright           Young, A.
Young, J.
STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Tuesday,
June 13.
Heyward G. Hutson        Elsie Rast Stuart
Leon Howard              Michael L. Fair
Curtis B. Inabinett      Grady A. Brown
Lynn Seithel             Jean L. Harris
Steve P. Lanford         Becky Meacham
Eugene C. Stoddard       Michael F. Jaskwhich
Richard M. Quinn, Jr.    June S. Shissias
George H. Bailey         Larry L. Koon

Joseph T. McElveen, Jr.  Ralph W. Canty
C. Alex Harvin, III      Marion P. Carnell
Ronald P. Townsend

The SPEAKER granted Rep. WHITE a leave of absence for the day.

The SPEAKER granted Rep. HALLMAN a leave of absence for the day.

Rep. MARTIN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Monday, June 12.

The COMMITTEE OF CONFERENCE, to whom was referred:
S. 126 -- Senators Land and Washington: A BILL TO AMEND SECTION 9-8-110(2), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENTS ON THE DEATH OF A MEMBER OR BENEFICIARY OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO DELETE THE PROVISION TERMINATING BENEFITS PAID TO THE SURVIVING SPOUSE OF A MEMBER ON HER REMARRIAGE.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

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

/SECTION 1. Section 9-1-1650 of the 1976 Code is amended by adding at the end:

"An active contributing member making the nomination provided under this section also may name contingent beneficiaries in the same manner that beneficiaries are named. A contingent beneficiary has no rights under this chapter unless all beneficiaries nominated by the member have predeceased the member and the member's death occurs while in service.

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