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THE SENATE PROCEEDED TO THE MOTION PERIOD.

S. 365 -- Senators Setzler, Stilwell, Cork, Moore, Lander, Courson and Leventis: A BILL TO AMEND SECTION 59-103-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION AND THE MANNER IN WHICH THE CHAIRMAN IS SELECTED; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS OF THE COMMISSION ON HIGHER EDUCATION TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY, SO AS TO INCLUDE THE GOVERNOR'S OFFICE AS A RECIPIENT OF SUCH RECOMMENDATIONS AND DELETE THE BUDGET AND CONTROL BOARD AND PROVIDE THAT THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE AS WELL AS THE BUDGET AND CONTROL BOARD MAY REFER TO THE COMMISSION CERTAIN REQUESTS OF INSTITUTIONS OF HIGHER LEARNING; AND TO AMEND SECTION 59-103-90, RELATING TO THE PROFESSIONAL STAFF OF THE COMMISSION, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE COMMISSION TO SERVE AT ITS PLEASURE WITH NO GRIEVANCE RIGHTS, AND TO PROVIDE THAT THE OTHER PROFESSIONAL STAFF COMPLEMENT OF THE COMMISSION SHALL BE ESTABLISHED BY THE EXECUTIVE DIRECTOR RATHER THAN THE COMMISSION.

Senator SETZLER moved that the Bill be made a Special Order.

The Bill was made a Special Order.

On motion of Senator MOORE, the Senate agreed to dispense with the Motion Period.

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

S. 375 -- Senators Jackson and Courtney: A BILL TO AMEND SECTION 53-1-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COUNTY ACCOMMODATION TAX EXEMPTION FROM THE SUNDAY WORK LAWS, SO AS TO PROVIDE THAT A COUNTY MUST COLLECT THE REQUISITE REVENUE IN ONE YEAR AND TO PROVIDE THAT AFTER A COUNTY INITIALLY QUALIFIES, THIS EXEMPTION IS PERMANENT; AND TO PROVIDE A REFERENDUM TO BE HELD STATEWIDE AT THE TIME OF THE 1996 GENERAL ELECTION ON THE QUESTION OF WHETHER SUNDAY WORK SHALL CONTINUE TO BE PROHIBITED, SUBJECT TO AN EMPLOYEE'S RIGHT TO ELECT NOT TO WORK ON SUNDAY, WITH RESULTS TO BE DETERMINED ON A COUNTY-BY-COUNTY BASIS AND THE PROHIBITION EXPIRING JANUARY 1, 1997, IN A COUNTY WITH A MAJORITY "NO" VOTE.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.

Senator PASSAILAIGUE proposed the following Amendment No. 1 (375R002.ELP), which was ruled out of order:

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

/SECTION . Section 61-9-312 of the 1976 Code is amended by adding:

"Section 61-9-312. 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. Revenue generated by the fees must be credited to the general fund of the State county, municipality or other political subdivision where such proceeds were collected and must be used for the construction and maintenance of infrastructure in the county, municipality or other political subdivision where such proceeds were collected. All other requirements

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

Senator PASSAILAIGUE moved that the amendment be adopted.

Senator MARTIN raised a Point of Order under Rule 25 that the amendment was out of order inasmuch as it was not germane to the Bill.

Senators PASSAILAIGUE, JACKSON and J. VERNE SMITH spoke on the Point of Order.

The PRESIDENT sustained the Point of Order.

The amendment proposed by the Committee on Judiciary was adopted as follows (JUD0375.005):

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

/SECTION 1. Section 53-1-5 of the 1976 Code is amended to read:

"Section 53-1-5. The provisions of this chapter do not apply after the hour of 1:30 p.m. on Sunday. Any employee of any business which operates on Sunday under the provisions of this section has the option of refusing to work in accordance with provisions of Section 53-1-100. Any employer who dismisses or demotes an employee because he is a conscientious objector to Sunday work is subject to a civil penalty of triple treble the damages found by the court or the jury plus court costs and the employee's attorney's fees. The court may order the employer to rehire or reinstate the employee in the same position he was in before the prior to dismissal or demotion without forfeiture of compensation, rank, or grade.

No proprietor of a retail establishment who is opposed to working on Sunday may be forced by his lessor or franchisor to open his establishment on Sunday nor may there be discrimination against persons whose regular day of worship is Saturday."

SECTION 2. Section 53-1-10 of the 1976 Code is amended to read:

"Section 53-1-10. (A) It shall be unlawful to operate for professional purposes athletic events, public exhibitions, historic or musical entertainment, or concerts unless a permit shall first be obtained from the town or city council, if the activity is in an incorporated town or city, or from the governing body of the county if the activity takes place outside

SECTION 3. Section 53-1-150 of the 1976 Code is amended to read:

"Section 53-1-150. (A) The General Assembly finds that certain areas of the State would benefit greatly from a complete exemption from Chapter 1, of Title 53, of the 1976 Code. This benefit would be a result of an expanded tax base thereby reducing the burden placed on property owners through the property tax. Allowing the operation of establishments on Sunday in these areas also would also reduce the property tax burden through additional accommodation accommodations tax revenue which allows these areas to provide necessary governmental service from these revenues.

(B) The provisions of Chapter 1, of Title 53, of the 1976 Code do not apply to any county area, as defined in Section 12-35-730 of the 1976 Code 6-4-5(1), which collects more than nine hundred thousand dollars in one fiscal year in revenues from the accommodations tax provided for in Section 12-36-2630(3) and imposed in Section 12-35-710 of the 1976 Code 12-36-920(A). After a county area has collected more than nine hundred thousand dollars in one fiscal year in revenues from the accommodations tax provided for in Section 12-36-2630(3) and imposed in Section 12-36-920(A), the exclusion from the provisions of Chapter 1 of Title 53 will continue from year to year irrespective of whether revenue falls below nine hundred thousand dollars in subsequent years.

(C) Any employee of any business which operates on Sunday under the provisions of this section has the option of refusing to work in accordance with provisions of Section 53-1-100 of the 1976 Code. Any employer who dismisses or demotes an employee because he is a conscientious objector to Sunday work is subject to a civil penalty of triple treble the damages found by the court or the jury plus court costs and the employee's attorney's fees. The court may order the employer to rehire or reinstate the employee in the same position he was in before the prior to dismissal or demotion without forfeiture of compensation, rank, or grade.

No proprietor of a retail establishment who is opposed to working on Sunday may be forced by his lessor or franchisor to open his establishment on Sunday nor may there be discrimination against persons whose regular day of worship is Saturday."

"Section 53-1-160. (A) In addition to other exemptions provided by statute, the county governing body may by ordinance suspend the application of the Sunday work prohibitions provided in Chapter 1 of Title 53 in a county which does not qualify for the exemption provided in Section 53-1-150. If the county governing body suspends the application of Sunday work prohibitions, any employee of any business which operates on Sunday under the provisions of this section has the option of refusing to work in accordance with Section 53-1-100. Any employer who dismisses or demotes an employee because he is a conscientious objector to Sunday work is subject to a civil penalty of treble the damages found by the court or the jury plus court costs and the employee's attorney's fees. The court may order the employer to rehire or reinstate the employee in the same position he was in prior to the dismissal or demotion without forfeiture of compensation, rank, or grade. No proprietor of a retail establishment who is opposed to working on Sunday may be forced by his lessor or franchisor to open his establishment on Sunday nor may there be discrimination against persons whose regular day of worship is Saturday.

(B) In addition to other exemptions provided by statute, the Sunday work prohibitions provided in Chapter 1 of Title 53 may only be continued:

(1) in a county which does not qualify for the exemption provided in Section 53- 1-150 within ninety days before the 1996 general election, or

(2) in a county in which the county governing body has not suspended application of the Sunday work prohibitions by ordinance as provided in subsection (A) within ninety days before the 1996 general election,
if a majority of the qualified electors of that county voting in a referendum at the time of the 1996 general election vote in favor of the continued prohibition on Sunday work.

(C) The county election commission shall place the question in subsection (G) on the ballot in November 1996 in a county:

(1) which does not qualify for the exemption provided in Section 53-1-150 within ninety days before the 1996 general election, or

(2) in which the county governing body has not suspended application of the Sunday work prohibitions by ordinance as provided in subsection (A) within ninety days before the 1996 general election.

(E) If a county in which the referendum is to be held qualifies for the exemption provided in Section 53-1-150 after September 1, 1996, and before November 5, 1996, the county governing body shall direct the county election commission not to place the question on the ballot and not to hold the referendum.

(F) If the result of this referendum is not in favor of a continuation of the prohibition on Sunday work within the county, Chapter 1 of Title 53 shall not apply within such county after the result of the referendum is certified to the Secretary of State. Any employee of any business which operates on Sunday under the provisions of this section has the option of refusing to work in accordance with Section 53-1- 100. Any employer who dismisses or demotes an employee because he is a conscientious objector to Sunday work is subject to a civil penalty of treble the damages found by the court or the jury plus court costs and the employee's attorney's fees. The court may order the employer to rehire or reinstate the employee in the same position he was in prior to the dismissal or demotion without forfeiture of compensation, rank, or grade. No proprietor of a retail establishment who is opposed to working on Sunday may be forced by his lessor or franchisor to open his establishment on Sunday nor may there be discrimination against persons whose regular day of worship is Saturday.

(G) The question put before the voters shall read as follows:

`Shall the prohibition on Sunday work continue in this county subject to an employee's right to elect not to work on Sunday if the prohibition is not continued after certification of the result of this referendum to the Secretary of State?'

SECTION 5. This act takes effect upon approval of the Governor. /

Amend title to conform.

The question then was the second reading of the Bill.

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

Senators DRUMMOND, J. VERNE SMITH, BRYAN, THOMAS, GIESE, WILLIAMS and SETZLER desired to be recorded as voting against the second reading of the Bill.

Having received a favorable report from the Barnwell County Delegation, the following appointment was confirmed in open session:

Reappointment, Barnwell County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

The Honorable James H. Witherspoon, Jr., P.O. Box 943, Barnwell, S.C. 29812

Having received a favorable report from the York County Delegation, the following appointments were confirmed in open session:

Reappointments, York County Magistrates, with terms to commence April 30, 1995, and to expire April 30, 1999:

Honorable Edward H. Harvey, 190 Lawson Lake Drive, Clover, S.C. 29710
Honorable Brenda H. Ervin, 114 Springs Street, Fort Mill, S.C. 29715
The Honorable Lynne H. Benfield, 13 Lynwood Circle, York, S.C. 29745
The Honorable Robert Davenport, Jr., 2211 Zinker Road, Rock Hill, S.C. 29732

Having received a favorable report from the Horry County Delegation, the following appointments were confirmed in open session:

Reappointment, Horry County Board of Voter Registration, with term to commence March 15, 1994, and to expire March 15, 1996:

Mr. Herman Watson, 3905 Hill Street, Loris, S.C. 29569

Initial Appointment, Horry County Board of Voter Registration, with term to commence December 14, 1994, and to expire March 15, 1996:

At-Large:

Deborah A. Vrooman, Ph.D., 902 Hart Street, Conway, S.C. 29526-4382 VICE Elvin D. (Al) Tirrell

Reappointments, Chester County Magistrates, with terms to commence April 30, 1995, and to expire April 30, 1999:

The Honorable William Ralph Garris, 25 Pinecrest Avenue, Great Falls, S.C. 29055- 1339

The Honorable James T. Sealy, Route 3, Box 516, Chester, S.C. 29706

The Honorable Benjamin T. Murdock, P.O. Box 175, Richburg, S.C. 29729

Having received a favorable report from the Orangeburg County Delegation, the following appointments were confirmed in open session:

Reappointments, Orangeburg County Magistrates, with terms to commence April 30, 1995, and to expire April 30, 1999:

The Honorable Betty Y. Bates, 2345 Norway Road, Orangeburg, S.C. 29115

The Honorable Rita W. Brown, P.O. Box 355, Springfield, S.C. 29146

The Honorable Richard Murray, 220 Greywood Drive, Branchville, S.C. 29432

The Honorable Foye J. Covington, P.O. Box 436, Norway, S.C. 29113

The Honorable Peggy D. Davis, P.O. Box 854, Orangeburg, S.C. 29116-0854

The Honorable Donald R. West, P.O. Box 365, Bowman, S.C. 29018

The Honorable Jacob Gillens, Sr., P.O. Box 188, Eutawville, S.C. 29048

The Honorable Willie Robinson, Jr., 866 New Hope Road, Orangeburg, S.C. 29115- 8809

Having received a favorable report from the Florence County Delegation, the following appointments were confirmed in open session:

Reappointments, Florence County Magistrates, with terms to commence April 30, 1994, and to expire April 30, 1998:

Honorable Clarice T. Kirby, P.O. Box 277, Olanta, S.C. 29114

Mr. James M. Lynch, Route 4, Box 19, Timmonsville, S.C. 29161

Mr. Robert L. McElveen, 440 Camelia Lane, Lake City, S.C. 29560

Mr. Roy Chives Roberts, P.O. Box 374, Johnsonville, S.C. 29555

Mr. Ulysses Frieson, P.O. Box 219, Effingham, S.C. 29541

Mr. Eugene Cooper, 205 East William Road, Coward, S.C. 29530

Senator WILLIAMS moved that when the Senate adjourns it stand adjourned to meet tomorrow, March 1, 1995, at 10:00 A.M., which motion was adopted.

At 1:14 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 10:00 A.M.

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 10:00 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, our devotion today is in memory of Samuel McConnell, father of our esteemed colleague, Glenn McConnell.
Hear words recorded by St. Matthew, Chapter 25 (v.34):

"Come, you blessed of my Father" says the

Lord Jesus. "and take possession of the king-

dom prepared for you."
Let us pray.

Almighty God, Father, Son and Holy Spirit, for the life and labors of your servant, Samuel McConnell, we give You thanks and praises.

Grant, O Lord, the comfort and consolations which only the Holy Spirit can give through the merits of Jesus Christ to Your servant, Glenn, his mother, Evelyn, and the members of their family and friends.

Receive Samuel into the arms of Your Mercy, into the blessed rest of everlasting peace, and into the glorious company of the saints in Light.

O Lord, support us all the day long in this troubled life, until the shadows lengthen and the evening comes and the busy world is hushed, the fever of life is over, and our work is done.

Then, Lord, in Your Mercy, grant us a safe lodging and a holy rest, and peace at the last, through Jesus Christ our Lord.

Amen!

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

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