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Alexander           Boan                Bryan
Cork                Courson             Courtney
Drummond            Elliott             Fair
Giese               Gregory             Hayes
Holland             Hutto               Jackson
Land                Lander              Leventis
Martin              McConnell           McGill
Mescher             Moore               O'Dell
Peeler              Rankin              Reese
Richter             Rose                Russell
Ryberg              Saleeby             Setzler
Short               Smith, G.           Smith, J.V.
Thomas              Waldrep             Wilson

Glover               Matthews             Passailaigue
Patterson            Washington           

Free Conference Powers were granted.

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

On motion of Senator McCONNELL, with unanimous consent, the Report of the Committee of Free Conference was adopted and the text of the Report was printed upon the pages of the Journal:

The COMMITTEE OF FREE CONFERENCE, to whom was referred:

H. 3962 -- Reps. Wilkins, Harrison, D. Smith, Huff, Wells, Witherspoon, H. Brown, Sharpe, Meacham, Fulmer, Fleming, Mason, Wright, A. Young, Keegan, Cain, Tripp, Rice, Riser, Herdklotz,

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. It is proposed that Article V, Section 15 of the Constitution of South Carolina, 1895, be amended to read:

"Section 15. No person shall be eligible to the office of Chief Justice, Associate Justice of the Supreme Court, judge of the Court of Appeals, or judge of the Circuit Court circuit court who is not at the time of his election a citizen of the United States and of this State, and has not attained the age of at least twenty-six thirty-two years, has not been a licensed attorney at law for at least five eight years, and has not been a resident of this State for five years next preceding his election.

Any justice or judge serving in office on the effective date of the provisions of this section requiring a justice or judge to be at least thirty-two years of age and to have at least eight years of service as a licensed attorney at law who is not of that age or who has not been

SECTION 2. 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 ballots:

"Shall Section 15 of Article V of the Constitution of this State relating to qualifications for justices of the Supreme Court and judges of the Court of Appeals and the circuit court be amended so as to increase from twenty-six to thirty-two the age requirement for election to these offices, to increase from five to eight the number of years which a person must have been a licensed attorney at law in order to be eligible for election to these offices, and to provide that any justice or judge serving in office on the effective date of the provisions of this section requiring a justice or judge to be at least thirty-two years of age and to have at least eight years of service as a licensed attorney at law who is not of that age or who has not been licensed for this required period of time may continue to serve for the remainder of his current term and is considered to have the requisite age and years of service as a licensed attorney at law for purposes of future reelections to that judicial office?

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'."

SECTION 3. It is proposed that Article V of the Constitution of this State be amended by adding:

"Section 27. In addition to the qualifications for circuit court and Court of Appeals judges and Supreme Court justices contained in this article, the General Assembly by law shall establish a Judicial Merit Selection Commission to consider the qualifications and fitness of candidates for all judicial positions on these courts and on other courts of this State which are filled by election of the General Assembly. The General Assembly must elect the judges and justices from among the nominees of the commission to fill a vacancy on these courts.

No person may be elected to these judicial positions unless he or she has been found qualified by the commission. Before a sitting member of the General Assembly may submit an application with the commission for

SECTION 4. 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 ballots:

"Shall Article V of the Constitution of this State be amended by adding Section 27 so as to provide that the General Assembly by law shall establish a judicial merit selection commission to nominate candidates for election to judicial positions on the courts of this State which are filled by election of the General Assembly, to provide that the General Assembly must elect judges and justices for these courts from among these nominees, to provide that no person may be elected to these judicial positions unless he or she has been found qualified by the commission, and to provide that before a sitting member of the General Assembly may submit an application with the commission for his nomination to a judicial office, and before the commission may accept or consider such an application, the member of the General Assembly must first resign his office and have been out of office for a period established by law. Before a member of the commission may submit an application with the commission for his nomination to a judicial office, and before the commission may accept or consider such an application, the member of the commission must not have been a member of the commission for a period established by law?

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'."

Amend title to conform.

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

, and a message was sent to the House accordingly.

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.

A message was sent to the House accordingly.

In commemoration of continuous service with the State of South Carolina, Senator DRUMMOND, PRESIDENT Pro Tempore of the Senate, presented certificates and awarded service pins to the following Senators for their respective years of service:

Senator Thomas Alexander                    10 years
Senator Nikki Setzler                           20 years
Senator Warren Giese                         40 years

Steve Clark                                  10 years
Robin Moseley                               10 years
Marie Waller                                 20 years
Jane Fallaw                                  30 years

At 11:55 A.M., the Senate receded from business for the purpose of attending the Joint Assembly.

At 12:00 Noon, the Senate appeared in the Hall of the House.

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

S. 1391 -- Senator Courtney: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 29, 1996, AT 12:00 NOON, AS THE TIME FOR ELECTING SUCCESSORS TO THE MEMBERS OF THE SOUTH CAROLINA CONSUMER AFFAIRS COMMISSION FOR SEATS 2 AND 4, SO AS TO FILL THE TERMS WHICH EXPIRE AUGUST 31, 1996.

The PRESIDENT announced that nominations were in order to elect a successor to a position on the South Carolina Consumer Affairs Commission, Seat #2.

Senator COURTNEY, Chairman of the Screening Committee, stated that Mr. Lonnie Randolph, Jr. of Columbia, S.C., had been screened and found qualified to serve and placed his name in nomination.

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

Whereupon, the PRESIDENT announced that the Honorable Lonnie Randolph, Jr. was elected to a position on the South Carolina Consumer Affairs Commission, Seat #2, for the term prescribed by law.

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

Senator COURTNEY, Chairman of the Screening Committee, stated that Ms. Barbara B. League of Greenville, S.C., had been screened and found qualified to serve and placed her name in nomination.

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

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

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

At 12:25 P.M., the Senate reconvened.

At 12:26 P.M., on motion of Senator DRUMMOND, the Senate receded from business until 2:30 P.M.

The Senate reassembled at 2:35 P.M. and was called to order by the PRESIDENT.

At 2:35 P.M., on motion of Senator LEVENTIS, the Senate receded from business not to exceed ten minutes.

At 2:45 P.M., the Senate resumed.

May 28, 1996

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,

David M. Beasley

Reappointments, Laurens County Magistrate, with terms to commence April 30, 1995, and to expire April 30, 1999:

Honorable Paul Dean Lyles, Route 4, Box 90, Laurens, S.C. 29360-9452

Honorable Oscar L. Tribble, Route 7, Box 2069, Laurens, S.C. 29360

Received as information.

H. 4557 -- Rep. Kirsh: A BILL TO AMEND CHAPTER 21, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUSINESS LICENSE TAXES, BY ADDING ARTICLE 24 ENACTING THE BINGO TAX ACT OF 1996 SO AS TO REGULATE THE GAME OF BINGO AND PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS; TO AMEND SECTION 12-6-1140, AS AMENDED, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO ALLOW THE DEDUCTION OF BINGO PRIZES AND WINNINGS; TO AMEND SECTION 12-8-530, AS AMENDED, RELATING TO INCOME TAX WITHHOLDING, SO AS TO EXEMPT BINGO PRIZES AND WINNINGS FROM WITHHOLDING, TO PROVIDE THAT ALL CURRENT BINGO LICENSES EXPIRE AFTER SEPTEMBER 30, 1997, TO SAVE PROCEEDINGS UNDERWAY ON OCTOBER 1, 1997, AND PROVIDE FOR THEIR DISPOSITION UNDER FORMER LAW; TO REPEAL ARTICLE 23, CHAPTER 21, TITLE 12, RELATING TO BINGO REGULATION; AND TO PROVIDE THAT THE BINGO TAX ACT OF 1996 TAKES EFFECT OCTOBER 1, 1997.

Senator GREG SMITH asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.

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 and ordered placed on the third reading Calendar with notice of general amendments.

H. 5027 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS,

RELATING TO CONTINUING PROFESSIONAL COMPETENCY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1912, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator ALEXANDER asked unanimous consent to make a motion to recall the Resolution from the Committee on Labor, Commerce and Industry.

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 and ordered placed on the third reading Calendar with notice of general amendments.

The following were introduced:

S. 1435 -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 TO CHAPTER 19, TITLE 50, SO AS TO PROVIDE THE DEPARTMENT OF NATURAL RESOURCES THE AUTHORITY TO PROMULGATE REGULATIONS TO MANAGE AND PROTECT FISHERIES IN LAKE WILLIAM C. BOWEN, LAKE BLALOCK, AND SPARTANBURG MUNICIPAL RESERVOIR #1 IN SPARTANBURG COUNTY.

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

S. 1436 -- Senator Giese: A CONCURRENT RESOLUTION TO COMMEND ALBERT BELL, JR., REPRODUCTION DIRECTOR OF THE SOUTH CAROLINA LEGISLATIVE COUNCIL, FOR HIS LONG AND DEDICATED CAREER OF PUBLIC SERVICE TO THE STATE OF SOUTH CAROLINA UPON THE OCCASION OF HIS UPCOMING RETIREMENT.

Whereas, the members of the General Assembly have learned with deep regret that Albert Bell, Jr., Reproduction Director of the South Carolina Legislative Council, will be retiring on December thirty-first of this year; and

Whereas, Albert Bell began his career of public service in 1953, at the South Carolina Department of Mental Health where he was employed as

a psychiatric aide at Crafts-Farrow State Hospital in Columbia. Known for his kindness and generosity, he rendered, during those years, excellent care to the mentally ill and those unable to care for themselves; and

Whereas, after a period of time in the private sector, Mr. Bell joined the Division of General Services of the State Budget and Control Board in 1966 as Custodial Supervisor; and

Whereas, in 1977, he joined the staff of the South Carolina Legislative Council as a machine operator in the print shop where he worked tirelessly and conscientiously for the members of the General Assembly and where he quickly became known as the man to see when printing services were needed; and

Whereas, in 1994, he was promoted to the position of Reproduction Director, continuing his excellent record of providing prompt and efficient reproduction services for the General Assembly, House and Senate committees and staff, the Legislative Council, the State Register, and the Budget Division of the Division of General Services, State Budget and Control Board; and

Whereas, Albert Bell, without question, is one of the nicest and most personable individuals ever to work in the State Capitol complex, and he will be missed by his many friends throughout state government; and

Whereas, the members of the General Assembly, by this resolution, would like to publicly recognize and thank Albert Bell, Jr., for his truly outstanding service to the State of South Carolina in many varied capacities upon the occasion of his upcoming retirement. Now, therefore,

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

That the members of the General Assembly hereby commend Albert Bell, Jr., Reproduction Director of the South Carolina Legislative Council, for his long and dedicated career of public service to the State of South Carolina upon the occasion of his upcoming retirement.

Be it further resolved that a copy of this resolution be forwarded to Mr. Albert Bell, Jr.

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

H. 5025 -- Reps. McAbee, P. Harris and Carnell: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 81 FROM ANDERSON TO INTERSTATE 85 IN HONOR OF OUR DISTINGUISHED FRIEND AND COLLEAGUE, REPRESENTATIVE JOHN W. TUCKER, JR., OF ANDERSON.

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

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