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Rep. RICHARDSON moved that the House recur to the morning hour, which was agreed to.

Further proceedings were interrupted by the House recurring to the morning hour, the pending question being consideration of Senate amendments.

The following was received.
Columbia, S.C., May 23, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1114:

S. 1114 -- Senator Greg Smith: A BILL TO AMEND SECTION 30-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTERS OF MESNE CONVEYANCES, SO AS TO ADD GEORGETOWN COUNTY TO THE LIST OF COUNTIES WHICH HAVE A REGISTER OF MESNE CONVEYANCES; AND TO AMEND SECTION 30-5-12, RELATING TO THE APPOINTMENT OF REGISTERS OF MESNE CONVEYANCES, SO AS TO ADD GEORGETOWN COUNTY TO THE LIST OF COUNTIES WHICH SHALL APPOINT THE REGISTER OF MESNE CONVEYANCES FOR ITS COUNTY PURSUANT TO THE TERMS AND CONDITIONS AS IT MAY AGREE UPON.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

The SPEAKER granted Reps. G. BROWN and LEE a leave of absence for the remainder of the day.

The Senate amendments to the following Bill were taken up for consideration:

H. 4637 -- Reps. Townsend, Allison, Howard and Wright: A BILL TO AMEND CHAPTER 125, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WINTHROP UNIVERSITY, BY DESIGNATING SECTIONS 59-125-10 THROUGH 59-125-120 AS ARTICLE 1, ENTITLED "GENERAL PROVISIONS", AND BY ADDING ARTICLE 3 ENACTING THE WINTHROP UNIVERSITY FACILITIES REVENUE BOND ACT SO AS TO PROVIDE AUTHORITY FOR THE UNIVERSITY TO ISSUE REVENUE BONDS TO ACQUIRE, CONSTRUCT, RENOVATE, AND EQUIP CERTAIN REVENUE-PRODUCING FACILITIES, AND TO PROVIDE THE TERMS AND CONDITIONS UNDER WHICH THESE BONDS MAY BE ISSUED, INCLUDING THOSE REVENUES THAT MAY BE PLEDGED FOR THEIR REPAYMENT.

Rep. TOWNSEND explained the Senate amendments.

The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

H. 5045 -- Reps. Koon, Rhoad and Stuart: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF U.S. HIGHWAY 301 FROM THE BAMBERG CITY LIMITS TO ELDERBRANCH ROAD IN ORANGEBURG COUNTY AS THE "WILLIAM BLEASE LATTIMORE, SR. MEMORIAL HIGHWAY".

On motion of Rep. QUINN, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration.

H. 5045 -- Reps. Koon, Rhoad and Stuart: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF

Whereas, William Blease Lattimore, Sr., was born in York County on August 6, 1912, the son of William Carson and Ruth S. Lattimore, and was a resident of Richland County when he died September 29, 1984; and

Whereas, Mr. Lattimore came from a family of highway construction workers and at the age of twelve, he went to work with his father in road construction carrying water for mules; and

Whereas, he dedicated the majority of the next fifty years to building and improving roads and highways in South Carolina; and

Whereas, Mr. Lattimore's career as a superintendent in road construction included being superintendent of two sections of Interstate 20 in Lexington County, two sections of Interstate 26, two sections of Interstate 85, one section of Interstate 95, and numerous main and secondary roads throughout the State; and

Whereas, during his tenure as construction superintendent the name "Lattimore" was synonymous with road construction in South Carolina; and

Whereas, Mr. Lattimore's last road construction job was as superintendent on widening U.S. Highway 301 in Bamberg and Orangeburg Counties where one of his two sons, also in road construction, worked with him on this job; and

Whereas, Mr. Lattimore was a hardworking well respected supervisor, and a man of talent, leadership, and integrity who was committed to doing the best job possible; and

Whereas, it is fitting and proper that the work and service to which Mr. William Blease Lattimore dedicated his life be recognized by naming a portion of U.S. Highway 301 as the "William Blease Lattimore, Sr. Highway". Now, therefore,

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

That the members of the General Assembly request that the Department of Transportation designate and name the portion of U.S. Highway 301 from the Bamberg City limits to Elderbranch Road in Orangeburg County as the "William Blease Lattimore, Sr. Memorial Highway" and install appropriate markers or signs at placed along the highway as the department.

Be it further resolved that a copy of this resolution be forwarded to the family of Mr. William Blease Lattimore, Sr., c/o Mr. Shelton Lattimore, P. O. Box 21, Gilbert, South Carolina 29054.

The following was introduced:

H. 5062 -- Reps. Harvin, Allison, Cain, J. Harris, Jennings, Kinon, McCraw, Vaughn and Witherspoon: A HOUSE RESOLUTION COMMENDING PIEDMONT MUNICIPAL POWER AGENCY AND S. SCOTT GRIFFIN, THE AGENCY'S PUBLIC AFFAIRS COORDINATOR, FOR THEIR DEDICATION AND OUTSTANDING LEGISLATIVE ACCOMPLISHMENT IN THE 1996 SESSION OF THE GENERAL ASSEMBLY.

The Resolution was adopted.

The following was introduced:

H. 5063 -- Reps. Rogers, J. Brown, Byrd, Cotty, Cromer, Harrison, Howard, Neal, Quinn, Scott, Shissias, Allison, Anderson, Askins, Bailey, Baxley, Boan, Breeland, G. Brown, H. Brown, T. Brown, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Dantzler, Davenport, Delleney, Easterday, Elliott, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harvin, Haskins, Herdklotz, J. Hines, M. Hines, Hodges, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neilson, Phillips, Rhoad, Rice, Richardson, Riser, Robinson, Sandifer, Seithel, Sharpe, Sheheen, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, J. Young and Young-Brickell: A CONCURRENT RESOLUTION TO CONGRATULATE THE UNIVERSITY OF SOUTH CAROLINA ALUMNI ASSOCIATION FOR 150 YEARS OF SERVICE TO THE STATE OF SOUTH CAROLINA AND TO ALUMNI FRIENDS, FACULTY, STAFF, AND STUDENTS OF THE UNIVERSITY OF SOUTH CAROLINA.

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

The following was introduced:

H. 5064 -- Reps. McAbee, Carnell and Koon: A CONCURRENT RESOLUTION COMMENDING CAROLYN W. REESE OF LEXINGTON COUNTY ON HER TWENTY-FIVE YEARS OF SERVICE WITH THE STATE LAW ENFORCEMENT DIVISION AND WISHING HER THE VERY BEST ON THE OCCASION OF HER RETIREMENT.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5065 -- Reps. Davenport, Lanford, Walker, Lee, Littlejohn, Allison, Wilder, Wells, D. Smith and Vaughn: A CONCURRENT RESOLUTION CONGRATULATING MISS KATHRYN REESE OF SPARTANBURG FOR ACHIEVING, THROUGH DEDICATION AND HARD WORK, THE ACADEMIC HONOR OF BEING A 1996 MAGNA CUM LAUDE GRADUATE OF THE UNIVERSITY OF SOUTH CAROLINA, AND COMMENDING HER ON HER MANY ACCOMPLISHMENTS AND FOR BEING AN EXCELLENT ROLE MODEL FOR THE CHILDREN OF OUR STATE.

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

The following was introduced:

H. 5066 -- Reps. Rice and Robinson: A CONCURRENT RESOLUTION RECOGNIZING AND CONGRATULATING KYLE THOMPSON, A STUDENT AT EASLEY HIGH SCHOOL, ON WINNING THE 1996 CLASS AAAA INDIVIDUAL STATE CHAMPIONSHIP IN GOLF.

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

The following Bill was introduced, read the first time, and referred to appropriate committee:

S. 942 -- Senators Giese, Wilson, Elliott and Reese: A BILL TO AMEND SECTION 22-2-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR FAILURE OF A DULY SUMMONED JUROR IN MAGISTRATE'S COURT TO APPEAR, SO AS TO INCREASE THE PENALTY FOR VIOLATION; AND TO AMEND SECTION 22-3-950, RELATING TO A MAGISTRATE'S POWER TO PUNISH FOR CONTEMPT, SO AS TO INCREASE THE PENALTY FOR CONTEMPT.

Referred to Committee on Judiciary.

The SPEAKER granted Rep. SHISSIAS a temporary leave of absence.

The following Bill was taken up.

S. 659 -- Senators Cork, Greg Smith, Elliott, McConnell and Rankin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 5, TITLE 61 SO AS TO PROVIDE FOR HOSPITALITY CABINETS.

Reps. RICHARDSON and KEYSERLING, with unanimous consent, proposed the following Amendment No. 7 (Doc Name L:\s-res\legis\amend\659R001.hac), which was tabled.

Amend the bill, as and if amended, page 7, after line 7, by adding the following:

/(G) acquiring fee and less than fee interest in land while it is still available to be held in perpetuity as wildlife preserves or believed to be needed by the public in the future for active and passive recreation uses and scenic easements, to include the following types of land: ocean, harbor, and pond frontage in the form of beaches, dunes, and adjoining backlands; barrier beaches; fresh and saltwater marshes and adjoining uplands; land for bicycle baths; land protecting existing and future; public water supply, well fields, highway buffering and aquifer recharge areas; and land for wildlife preserves; and land for future public recreational facilities;

(i) construction and maintenance of drainage systems.

Amend the bill further, as and if amended, page 3, after line 9, by adding the following:

/(g) acquiring fee and less than fee interest in land while it is still available to be held in perpetuity as wildlife preserves or believed to be needed by the public in the future for active and passive recreation uses and scenic easements, to include the following types of land: ocean, harbor, and pond frontage in the form of beaches, dunes, and adjoining backlands; barrier beaches; fresh and saltwater marshes and adjoining uplands; land for bicycle baths; land protecting existing and future; public water supply, well fields, highway buffering and aquifer recharge areas; and land for wildlife preserves; and land for future public recreational facilities;

(h) nourishment, renourishment (resanding) and maintenance of beaches;

(i) dune restoration, including the planting of grass, sea oats, or other vegetation useful in preserving the dune system;

(j) maintenance of public beach access;

(k) capital improvements to the beaches and beach related facilities, such as public parking areas for beach access; dune walkovers and rest room facilities, with or without changing rooms, at public beach parks; and

(l) construction and maintenance of drainage systems./

Renumber sections to conform.

Amend totals and title to conform.

Rep. RICHARDSON explained the amendment.

Rep. TUCKER moved to table the amendment, which was agreed to.

Reps. KELLEY, TUCKER, KEEGAN and ROBINSON proposed the following Amendment No. 9 (Doc Name P:\amend\GJK\22925JM.96), which was adopted.

/SECTION 3. Section 61-9-312 of the 1976 Code, as last amended by Section 75, Part II, Act 145 of 1995, is further amended to read:

"Section 61-9-312. (A) In counties or municipalities where temporary permits are authorized to be issued pursuant to Section 61-5-180, in lieu of the retail permit fee required pursuant to Section 61-9-310, a retail dealer otherwise eligible for the retail permit under that section may elect to apply for a special version of that permit which allows sales for off-premises consumption without regard to the restrictions on the days or hours of sales provided in Sections 61-9-90, 61-9-100, 61-9-110, and 61-9-130. The annual fee for this special retail permit is one thousand dollars.

(B) Revenue generated by the fees must be credited to the general fund of the State except that revenue generated by the fees within a county where a federal military base or installation has been closed, or is designated to be closed and where the federal facility has reduced its permanent civilian employment by three thousand seven hundred fifty or more jobs after December 31, 1990, for a period of ten years after the effective date of Chapter 12 of Title 31, must be credited to a special separate and distinct account with the Budget and Control Board for support of a redevelopment authority created therein pursuant to Chapter 12 of Title 31. All other requirements for retail permits provided in Section 61-9-310 apply to the special permits authorized by this section.
(C) Immediately following the dissolution of a redevelopment authority pursuant to Section 31-12-100(A), the fees distributed to the dissolved redevelopment authority pursuant to subsection (B) must be distributed to the general fund."

SECTION 4. Section 61-5-180 of the 1976 Code is amended to read:

"Section 61-5-180. (A) In addition to the provisions of Section 61-5-85, the department may issue a temporary permit to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less. This permit is valid for a period not to exceed twenty-four hours and may be issued only to bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for sales. The department shall charge a nonrefundable filing fee of one hundred dollars for processing each application and a daily permit fee of fifty dollars for each day for which a permit is approved. An application must be filed for each permit requested. The department in its sole discretion shall specify the terms and conditions of the permit.
(B) The permit fees must be credited to the general fund of the State.

(C) Permits authorized by this section may be issued only in those counties or municipalities where a majority of the qualified electors voting in a referendum vote in favor of the issuance of the permits. The county or municipal election commission, as the case may be, shall conduct a referendum upon petition of at least ten percent but not more than twenty-five hundred qualified electors of the county or municipality, as the case may be, in not less than thirty nor more than forty days after receiving the petition. The election commission shall cause a notice to be published in a newspaper circulated in the county or municipality, as the case may be, at least seven days before the referendum. The state election laws shall apply to the referendum mutatis mutandis. The election commission shall publish the results of the referendum and certify them to the South Carolina Department of Revenue and Taxation. The question on the ballot shall read substantially as follows:

`Shall the South Carolina Department of Revenue and Taxation be authorized to issue temporary permits in this (county)(municipality) for a period not to exceed twenty-four hours to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less to bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for sales?'

A referendum for this purpose may not be held more often than once in forty-eight months.

The expenses of any such referendum must be paid by the county or municipality conducting the referendum."

SECTION 5. In a county in which temporary permits may be issued pursuant to Section 61-5-180, revenue generated by the fees imposed under that section within a county where a federal military base or installation has been closed, or is designated to be closed and where the federal facility has reduced its permanent civilian employment by seven hundred fifty or more jobs, but not more than two thousand nine hundred ninety-nine jobs, after December 31, 1990, for a period of five years beginning July 1, 1997, must be credited to a special separate and distinct account with the Budget and Control Board for support of a redevelopment authority created therein pursuant to Chapter 12 of Title 31.

SECTION 6. Sections 1 and 2 of this act take effect upon approval by the Governor. Sections 3, 4, and 5 of this act take effect July 1, 1996./

Renumber sections to conform.

Amend totals and title to conform.

The amendment was then adopted.

The Bill, as amended, was read the third time and ordered returned to the Senate with amendments.

Rep. HARRELL moved to adjourn debate upon the following Bill until Tuesday, May 28, which was adopted.

S. 913 -- Senators Passailaigue, Ford, McConnell, Reese, Washington and Rose: A BILL TO AMEND SECTION 12-7-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986.

Rep. TUCKER moved to adjourn debate upon the following Bill, which was adopted.

S. 1284 -- Senator Thomas: A BILL TO AMEND SECTION 20-7-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING A CHILD INTO CUSTODY FOR VIOLATING THE LAW, SO AS TO INCLUDE AN ADDITIONAL REQUIREMENT FOR DETENTION IN A SECURE JUVENILE DETENTION FACILITY AND TO PROVIDE SPECIFIC TIME FRAMES FOR REVIEW OF A JUVENILE IN A DETENTION FACILITY; TO AMEND SECTION 20-7-780, AS AMENDED, RELATING TO CONFIDENTIALITY OF JUVENILE RECORDS, FINGERPRINTS, AND PHOTOGRAPHS, SO AS TO EXPAND THE CIRCUMSTANCES UNDER WHICH A JUVENILE MAY BE FINGERPRINTED AND TO EXPAND THE USE OF FINGERPRINTS; AND TO AMEND SECTION 20-7-2170, AS AMENDED, RELATING TO COMMITMENT OF CHILDREN TO THE DEPARTMENT OF JUVENILE JUSTICE AND TRANSFER TO THE DEPARTMENT OF CORRECTIONS, SO AS TO EXPAND THE CONDITIONS UNDER WHICH THE COURT MAY WAIVE THE TEMPORARY COMMITMENT OF A CHILD TO THE DEPARTMENT FOR EVALUATION.

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