Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, 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 again a word from good, old, St. John... in his Third Epistle (1:11): (Good News For Modern Man)
"My dear friend, do not imitate what is bad,

but imitate what is good.

Whoever does good belongs to God;..."

Let us pray.

O God of the Ages, who has granted us a span of life on earth... some a short span... some a longer span:

Support, O Lord, the colleagues and families his wife and two children of your servant, Trooper Hardy Godbolt, who gave his earthly life in the performance of his duty.

Help us to educate our citizens to respect and obey the laws of our land.

So help us to live on this planet in such a lifestyle that we may know ... in the HERE and NOW... the joy and the satisfaction of the fellowship of those who seek each day... in spite of "political consequences"... to make decisions for no other reason but that it is the right thing to think and do... under the circumstance that exist at the time.

We remember the words of John Bunyan who wrote, long ago, the word... climactic words:

"Then I heard in my dream that all the bells

in the city

Rang again for joy, and that it was said unto them, `ENTER YE INTO THE JOY OF YOUR LORD'"

Amen.

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

(R284) S. 797 -- Senator Martin: AN ACT TO AMEND ACT 1059 OF 1970, RELATING TO THE FAIRFIELD COUNTY RECREATION DISTRICT, SO AS TO REVISE THE AREA OF THE DISTRICT.

February 26, 1992
Mr. President and Members of the Senate:

I am hereby returning without my approval S.797, R-284, an Act:
TO AMEND ACT 1059 OF 1970, RELATING TO THE FAIRFIELD COUNTY RECREATION DISTRICT, SO AS TO REVISE THE AREA OF THE DISTRICT.

This veto is based upon an opinion of the Attorney General's Office dated February 25, 1992 which states in concluding:

"The act bearing ratification number 284 of 1992 amends Act No. 1059 of 1970 relating to the Fairfield County Recreation District, so that the District would now include the entire geographic area of Fairfield County. Thus, S.797, R-284 of 1992 is clearly an act for a specific county. Article VIII, Section 7 of the Constitution of the State of South Carolina provides that `[n]o laws for a specific county shall be enacted.' Acts similar to S.797, R-284 have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7...

Yours sincerely,
Carroll A. Campbell, Jr.
Governor

The veto of the Governor was taken up for immediate consideration.

Senator MARTIN moved that the veto of the Governor be overridden.

The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?

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

Bryan Carmichael Courson
Courtney Drummond Fielding
Giese Gilbert Hayes, R.W.
Helmly Hinds Hinson
Holland Land 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 necessary vote having been receive, the veto of the Governor was overridden, and a message was sent to the House accordingly.

Columbia, S.C., February 27, 1992.

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 830 -- Senators Martschink, Moore, McConnell, Long, Land, Rose, Saleeby, Stilwell, Washington, Pope, Passailaigue, Bryan, Shealy, Helmly and Reese: A BILL TO AMEND SECTION 56-3-1250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION CARDS, SO AS TO REDUCE THE PENALTY FOR FAILURE OF THE OWNER TO SIGN THE REGISTRATION CARD IN THE SPACE PROVIDED.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Senator STILWELL introduced Dr. Woody Long of Greenville, South Carolina, Doctor of the Day.

At 12:40 P.M., on motion of Senator O'DELL, Senator MULLINAX was granted a leave of absence for today.

The following were introduced:

S. 1348 -- Senator Courson: A CONCURRENT RESOLUTION TO HONOR JO ANNE SAINT CLAIR WHO HAS SUCCESSFULLY TRANSFORMED THE SOUTH CAROLINA CHAPTER OF THE NATIONAL ASSOCIATION OF SOCIAL WORKERS THROUGH HER DEDICATION AND PROFESSIONALISM AND HAS UNSELFISHLY STRIVED TO PROTECT, PRESERVE, AND ENHANCE THE RIGHTS OF OTHERS AND THE WELFARE OF THE COMMUNITY.

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

S. 1349 -- Senator Rose: A BILL TO AMEND SECTION 59-111-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FREE TUITION FOR CERTAIN VETERANS' SPOUSES AND CHILDREN, SO AS TO REVISE AN ELIGIBILITY REQUIREMENT PERTAINING TO A VETERAN'S REQUIRED PERIOD OF RESIDENCY IN THIS STATE.

Read the first time and referred to the Committee on Education.

S. 1350 -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-27-45 SO AS TO PROVIDE THAT NO COUNTY OR MUNICIPALITY MAY RECEIVE LESS FROM ITS CURRENT FISCAL YEAR DISTRIBUTION FROM THE LOCAL GOVERNMENT FUND THAN IT RECEIVED IN THE PREVIOUS FISCAL YEAR IF FUNDS AVAILABLE FOR DISTRIBUTION ARE AT LEAST EQUAL TO THE DISTRIBUTION IN THE PREVIOUS FISCAL YEAR.

Read the first time and referred to the Committee on Finance.

S. 1351 -- Senators McConnell and Pope: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1540 SO AS TO PROVIDE THAT WITHHOLDING VISITATION FROM A PARENT MAY CONSTITUTE A MATERIAL CHANGE IN CIRCUMSTANCES JUSTIFYING A CHANGE IN CHILD CUSTODY.

Read the first time and referred to the Committee on Judiciary.

S. 1352 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 6-11-435, AND 6-11-455 AND TO AMEND SECTIONS 6-11-440 AND 6-11-470, RELATING TO NOTICE REQUIREMENTS REQUIRED BY A COUNTY COUNCIL WHEN THE BOUNDARY OF A DISTRICT IS ALTERED, SO AS TO PROVIDE A PROCEDURE FOR CONSOLIDATING AND ENLARGING SPECIAL PURPOSE DISTRICTS WHERE THE CONSOLIDATION ENLARGEMENT RESULTS IN AN OVERLAPPING POLITICAL SUBDIVISION AUTHORIZED TO PROVIDE LIKE SERVICES.

Read the first time and referred to the Committee on Judiciary.

S. 1353 -- Senator Bryan: A BILL TO AMEND CHAPTER 7 OF TITLE 20 OF THE CHILDREN'S CODE, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-345, SO AS TO PROVIDE THAT A PARENT MAY BE SUBJECT TO CRIMINAL PENALTY OR IMPRISONMENT FOR IMPROPER SUPERVISION OF A MINOR CHARGED WITH A CRIMINAL ACT WHEN SUCH NEGLECT IS A PROXIMATE CAUSE OF THE FURTHER DELINQUENCY OF THE MINOR.

Read the first time and referred to the Committee on Judiciary.

S. 1354 -- Senator Rose: A BILL TO AMEND SECTION 19-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT THE PRIVILEGE OF SPOUSAL COMMUNICATION SHALL NOT APPLY TO CASES IN WHICH ONE OF THE SPOUSES IS A DEFENDANT IN A CRIMINAL CASE INVOLVING THE MURDER OF A MINOR.

Senator ROSE spoke on the Bill.

Read the first time and referred to the Committee on Judiciary.

S. 1355 -- Senators Drummond and Courson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-160 SO AS TO REQUIRE MANDATORY ANNUAL CONTINUING EDUCATION REQUIREMENTS FOR DENTAL HYGIENISTS BEGINNING IN JANUARY OF 1993.

Read the first time and referred to the Committee on Medical Affairs.

S. 1356 -- Senator Reese: A BILL TO AMEND ACT 318 OF 1965, AS AMENDED, RELATING TO THE CHEROKEE SPRINGS FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO AUTHORIZE THE BOARD OF FIRE CONTROL FOR THE DISTRICT TO BORROW A MAXIMUM OF ONE MILLION DOLLARS INSTEAD OF A MAXIMUM OF TWO HUNDRED THOUSAND DOLLARS.

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

H. 4486 -- Rep. Harvin: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MR. ARTHUR WASHINGTON OF CLARENDON COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

H. 4117 -- Rep. Kirsh: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 17, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE REMOVAL OR RETIREMENT OF JUDGES, SO AS TO AUTHORIZE THE SUPREME COURT, AFTER HEARING, TO REMOVE ANY JUDGE FROM OFFICE UPON A FINDING OF MISCONDUCT IN OFFICE.

Read the first time and referred to the Committee on Judiciary.

H. 4125 -- Reps. Wilkins and Harwell: A BILL TO AMEND SECTION 14-1-215, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RETIRED JUSTICES AND JUDGES PRESIDING OR SERVING IN CERTAIN COURTS OF THIS STATE AND THE REQUIREMENT THAT THESE JUSTICES OR JUDGES BE SCREENED, SO AS TO PROVIDE THAT IF A JUSTICE OR JUDGE RETIRED BEFORE THE EXPIRATION OF HIS THEN CURRENT TERM, NO FURTHER SCREENING OF THAT JUSTICE OR JUDGE IS REQUIRED UNTIL THAT TERM WOULD HAVE EXPIRED IF HE IS TO BE ASSIGNED TO SIT IN THE COURT OF APPEALS OR THE SUPREME COURT.

Read the first time and referred to the Committee on Judiciary.

H. 4129 -- Rep. McElveen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-15-145 SO AS TO TRANSFER ALL POWERS, DUTIES, AND RESPONSIBILITIES FROM THE MUNICIPAL ELECTION COMMISSION TO THE COUNTY ELECTION COMMISSION IN THOSE MUNICIPALITIES CONDUCTING ELECTIONS AT THE TIME OF THE GENERAL ELECTION UPON THE ADOPTION OF AN ORDINANCE BY THE MUNICIPALITY EFFECTING THE TRANSFER.

Read the first time and referred to the Committee on Judiciary.

H. 4182 -- Reps. Waldrop, Chamblee and Cooper: A BILL TO AMEND SECTIONS 24-13-1310 AND 24-13-1340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY FOR PARTICIPATION IN THE SHOCK INCARCERATION PROGRAM, SO AS TO PROVIDE THAT A PERSON MUST NOT HAVE ATTAINED THE AGE OF THIRTY YEARS RATHER THAN TWENTY-SIX YEARS AT THE TIME OF ADMISSION TO THE DEPARTMENT OF CORRECTIONS TO BE ELIGIBLE FOR THE PROGRAM.

Read the first time and referred to the Committee on Corrections and Penology.

H. 4260 -- Rep. Keyserling: A JOINT RESOLUTION TO ALLOW PROFESSIONAL AND OCCUPATIONAL LICENSING AGENCIES (POLA'S) TO ESTABLISH SPECIAL COMPTROLLER GENERAL ACCOUNTS FOR THE CREDITING OF TEST FEES RECEIVED IN EXCESS OF AMOUNTS APPROPRIATED TO THESE AGENCIES BEFORE JULY 1, 1992, FOR TEST EXPENSES, TO PROVIDE THAT FUNDS CREDITED TO THESE ACCOUNTS MAY BE USED ONLY TO PAY TEST EXPENSES, TO REQUIRE ACCOUNT BALANCES AT THE END OF A FISCAL YEAR TO BE REMITTED TO THE GENERAL FUND OF THE STATE, AND TO PROVIDE THE PROCEDURES FOR ESTABLISHING AND EXPENDING FUNDS FROM THESE ACCOUNTS.

Read the first time and referred to the Committee on Finance.

H. 4274 -- Reps. Carnell, Wofford, McAbee, Waldrop, Jennings, T.C. Alexander, Altman, G. Bailey, Barber, G. Brown, Bruce, K. Burch, Cato, Chamblee, Clyborne, Cole, Cooper, Corbett, D. Elliott, Fair, Farr, Felder, Foster, Fulmer, Hallman, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hendricks, Holt, Huff, J.C. Johnson, Keegan, Kempe, Keyserling, Kinon, Koon, Lanford, Littlejohn, Marchbanks, L. Martin, Mattos, McCraw, McGinnis, McKay, McTeer, Meacham, Neilson, Nettles, Phillips, Quinn, Rama, Rhoad, Riser, Rudnick, Scott, Sharpe, Shirley, Shissias, Smith, Snow, Stoddard, Stone, Townsend, Tucker, Wells, White, Wilder, Wilkins, Wright, A. Young, Rogers, Sturkie and Baker: A BILL TO AMEND SECTION 9-11-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPTIONAL FORMS OF RETIREMENT ALLOWANCES UNDER THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO ALLOW A MEMBER UNDER A PARTICULAR OPTION TO RECEIVE A FULL RETIREMENT ALLOWANCE RATHER THAN A REDUCED ALLOWANCE PAYABLE DURING THE MEMBER'S LIFE WITH THE PROVISION THAT AT HIS DEATH THE ALLOWANCE CONTINUES AT ONE-HALF THE RATE PAID TO HIM FOR THE LIFE OF HIS NAMED BENEFICIARY, AND TO AMEND SECTION 9-11-210, AS AMENDED, RELATING TO CONTRIBUTIONS TO THE SYSTEM, SO AS TO INCREASE THE EMPLOYEE CONTRIBUTIONS OF CLASS ONE AND CLASS TWO MEMBERS BY EIGHTY-NINE HUNDREDTHS OF ONE PERCENT TO OFFSET THE ACTUARIAL COST OF THE ABOVE PROVISION.

Senator POPE asked unanimous consent to make a motion that the Bill be placed on the calendar with reference.

Senator BRYAN objected

Read the first time and referred to the Committee on Finance.

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.

Read the first time and referred to the Committee on Judiciary.

H. 4399 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOFT DRINK BOTTLING PLANTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1443, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and referred to the Committee on Medical Affairs.

H. 4427 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS, RELATING TO RULES OF PROFESSIONAL CONDUCT, ORGANIZATION, GENERAL PROVISIONS, AND UNDERSTANDINGS WITH OTHER BOARDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1442, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

H. 4460 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO THE GOVERNOR'S TEACHING SCHOLARSHIP/LOAN PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1391, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and on motion of Senator SETZLER, ordered placed on the Calendar without reference.

Senator COURSON, from the Committee on Invitations, submitted a favorable report on:

An invitation from South Carolina Ext. Homemakers Council to attend an informal breakfast at the State House Rotunda on Thursday, March 5, 1992, from 9:00-10:00 A.M.

The invitation was accepted.

Senator HOLLAND, from the Committee on Fish, Game and Forestry, submitted a favorable with amendment report on:

S. 851 -- Senator Drummond: A BILL TO AMEND SECTION 50-11-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEDERAL MIGRATORY BIRD TREATY ACT AND ITS REGULATIONS AND WATERFOWL PROVISIONS, SO AS TO REVISE THE PENALTIES.

Ordered for consideration tomorrow.

Senator HOLLAND, from the Committee on Fish, Game and Forestry, submitted a favorable with amendment report on:

S. 933 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-735 SO AS TO PROVIDE FOR DISPOSITION OF FORFEITED PROPERTY; TO AMEND SECTION 50-11-540, RELATING TO PENALTIES FOR VIOLATIONS PERTAINING TO TURKEY HUNTING, SO AS TO INCREASE PENALTIES AND REVISE THE FORFEITURE PROVISIONS; TO AMEND SECTION 50-11-710, RELATING TO NIGHT HUNTING, SO AS TO CHANGE THE REFERENCE TO "LARGER" TO "A GREATER CALIBER" AND PROVIDE FOR A CONFISCATION, FORFEITURE, AND SALE PENALTY; TO AMEND SECTION 50-11-730, RELATING TO HUNTING, SHOOTING, OR KILLING DEER FROM A WATER CONVEYANCE SO AS TO CHANGE THE REFERENCES TO "SHOOT" AND "KILL" TO "TAKE" AND "ATTEMPT TO TAKE" AND PROVIDE A PROCEDURE FOR FORFEITURE AND DISPOSITION OF PROPERTY; TO AMEND SECTION 50-11-740, RELATING TO THE CONFISCATION, FORFEITURE, AND DISPOSITION OF PROPERTY USED IN THE HUNTING OF DEER OR BEAR AT NIGHT, SO AS TO REVISE THE FORFEITURE PROVISIONS; TO AMEND SECTION 50-13-1196, RELATING TO THE CONFISCATION OF PROPERTY USED IN A VIOLATION OF PROVISIONS PROTECTING FISH, SO AS TO CHANGE THE REFERENCE TO THE SECTION PERTAINING TO THE SALE OF THE PROPERTY; TO AMEND SECTION 50-17-615, RELATING TO THE LAWFUL AREA AND TIME TO TRAWL FOR SHRIMP OR PRAWN, SO AS TO REVISE THE REFERENCE TO THE AREAS ALWAYS CLOSED TO TRAWLING; TO AMEND SECTION 50-17-650, RELATING TO THE PENALTIES FOR SHRIMP TRAWLING VIOLATIONS, SO AS TO PROVIDE A PROCEDURE FOR FORFEITURE AND DISPOSITION OF PROPERTY; AND TO AMEND SECTION 50-19-2220, RELATING TO VIOLATIONS FOR RIFLE USE FOR CERTAIN WATERS OF THE SAVANNAH RIVER SO AS TO CHANGE THE REFERENCE TO THE SECTION PERTAINING TO SALE OF CONFISCATED RIFLES.

Ordered for consideration tomorrow.

Senator HOLLAND, from the Committee on Fish, Game and Forestry submitted a favorable with amendment report on:

S. 990 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-35-15 SO AS TO REQUIRE PERSONS TO OBTAIN AUTHORIZATION FROM THE STATE FORESTER OR HIS REPRESENTATIVE BEFORE BURNING CERTAIN AREAS; AND TO AMEND SECTION 48-35-10, RELATING TO THE PROHIBITION ON STARTING FIRES, SO AS TO REVISE THE CONDITIONS UNDER WHICH A FIRE MAY BE STARTED.

Ordered for consideration tomorrow.

S. 1140 -- Senators Waddell, Leatherman, Gilbert and McGill: A BILL TO AMEND SECTION 12-7-1245, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CORPORATE INCOME TAX CREDIT FOR CORPORATE HEADQUARTERS LOCATED IN THIS STATE, SO AS TO REVISE THE CATEGORIES OF JOBS WHICH MUST BE CREATED TO QUALIFY FOR THE CREDIT, TO ADD ADDITIONAL REQUIREMENTS FOR PERSONAL PROPERTY TO QUALIFY FOR THE CREDIT, TO EXPAND THE PERSONAL PROPERTY FOR WHICH THE CREDIT MAY BE CLAIMED, TO PROVIDE THE TAXABLE YEARS TO WHICH THE CREDIT APPLIES, TO REQUIRE RECAPTURE OF THE CREDIT IF STAFFING LEVELS ARE NOT TIMELY MET, TO ALLOW THE CREDIT WHEN A FEE IN LIEU OF TAXES ARRANGEMENT EXISTS, TO REQUIRE A REDUCTION IN THE INCOME TAX BASIS ONLY OF PROPERTY FOR WHICH THE CREDIT WAS CLAIMED, TO REVISE AND ADD ADDITIONAL DEFINITIONS, AND TO ALLOW TAXPAYERS RELYING ON RULINGS FROM THE SOUTH CAROLINA TAX COMMISSION IN THE APPLICATION OF THE FORMER PROVISIONS OF THE CODE SECTION TO CONTINUE TO RELY ON THE RULINGS AND ALLOW THE TAXPAYER TO BENEFIT FROM THE PROVISIONS OF THE SECTION.

The House returned the Bill with amendments.

Senator LEATHERMAN explained the House amendment.

On motion of Senator LEATHERMAN, 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.

H. 4321 -- Reps. McAbee, Whipper, Keegan, Gonzales, Hallman, Rhoad, Koon, G. Bailey, G. Brown, Clyborne, Chamblee, McLeod, Sturkie, Fulmer, Rama, Sharpe, Boan, Waites, Rogers, Klapman, Keyserling, Tucker, Jennings, Townsend, Smith, Corning, Shirley, Glover, Harrison, Jaskwhich, Wells, Riser, Ross, Mattos, Kirsh, McElveen, Shissias, Wilkins, Corbett, Huff, Haskins, Hodges, Meacham, P. Harris, A. Young, L. Elliott, Sheheen, Littlejohn, White, Beatty, Felder, Phillips, Taylor, Inabinett, Cole, McCraw, Byrd, H. Brown, Kennedy, D. Elliott, Fair, Wofford, Carnell, D. Williams, Bruce, Bennett, Scott, Kempe, D. Martin, Stone, Hendricks, Marchbanks, J. Brown, Cork, Foster, Snow, Altman, L. Martin, Harvin, Kinon, Houck, Cato, McGinnis, Baker, Delleney, Wilkes and Farr: A JOINT RESOLUTION TO PROVIDE THAT THE TERMS OF OFFICE FOR THE PRESENT MEMBERS OF THE SOUTH CAROLINA BOARD OF SOCIAL SERVICES EXPIRE ON THIS JOINT RESOLUTION'S EFFECTIVE DATE; TO DIRECT THE GENERAL ASSEMBLY TO ELECT MEMBERS TO THE BOARD AND TO PROVIDE STAGGERED TERMS FOR THESE NEW MEMBERS; TO PROVIDE THAT ALL POWERS AND DUTIES OF THE BOARD ARE TEMPORARILY TRANSFERRED TO THE STATE BUDGET AND CONTROL BOARD; AND TO DIRECT THE BUDGET AND CONTROL BOARD TO APPOINT AN INTERIM COMMISSIONER TO WORK WITH THE CURRENT COMMISSIONER UNTIL HIS RESIGNATION IS EFFECTIVE.

The House returned the Bill with amendments.

Senator MOORE explained the amendment.

Senators THOMAS and BRYAN spoke on the amendment.

On motion of Senator MOORE, 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.

Senator WILLIAMS desired to be recorded as voting against the motion to concur in the House amendments.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

The following Joint Resolution having been read the second time was passed and ordered to a third reading:

S. 1345 -- Senators Passailaigue, McConnell, Rose, J. Verne Smith, Bryan, Carmichael, Courson, Courtney, Drummond, Fielding, Giese, Gilbert, Robert W. Hayes, Jr., Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Lourie, Macaulay, Martin, Martschink, Matthews, McGill, Mitchell, Moore, Mullinax, O'Dell, Patterson, Peeler, Pope, Reese, Russell, Saleeby, Setzler, Shealy, Nell W. Smith, Stilwell, Thomas, Washington, Williams and Wilson: A JOINT RESOLUTION TO PROVIDE THAT WHEN SALES AND USE TAX EXEMPTIONS ARE HELD TO BE UNCONSTITUTIONAL BY THE SOUTH CAROLINA SUPREME COURT THAT THE SOUTH CAROLINA TAX COMMISSION MAY ONLY APPLY APPLICABLE TAXES PROSPECTIVELY.

Senators J. VERNE SMITH and PASSAILAIGUE explained the Joint Resolution.

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

S. 759 -- Senator Drummond: A BILL TO AMEND SECTION 50-11-1910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL SALE OF DEER AND DEER PARTS, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO SELL, TRADE, OR BARTER BIRDS PROTECTED BY STATE LAW, GAME FISH, AND ANIMALS, EXCEPT FURBEARERS, AND TO REVISE PENALTIES.

S. 764 -- Senator Drummond: A BILL TO AMEND SECTION 50-16-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON IMPORTING CERTAIN LIVE WILDLIFE INTO THIS STATE WITHOUT A PERMIT FROM THE SOUTH CAROLINA DEPARTMENT OF WILDLIFE AND MARINE RESOURCES, SO AS TO INCLUDE A SPECIES OF FRESHWATER FISH, CRUSTACEAN, MOLLUSK, OR OTHER FRESHWATER INVERTEBRATE NOT ALREADY FOUND IN THE WILD OR NOT NATIVE TO THIS STATE IN THE PROHIBITION.

S. 786 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-530 SO AS TO PROHIBIT THE PURCHASE, BARTER, TRADE, AND SALE OF CERTAIN SPECIES OF BILLFISH AND PROVIDE PENALTIES.

Senator PASSAILAIGUE explained the Bill.

S. 899 -- Senator Drummond: A BILL TO AMEND SECTION 50-17-640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOURS FOR TRAWLING FOR SHRIMP, SO AS TO REDEFINE THE PERIOD IN WHICH A PERSON MAY LAWFULLY TRAWL FOR SHRIMP.

Senator PASSAILAIGUE explained the Bill.

S. 1342 -- Fish, Game & Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT, RELATING TO STATE FALCONRY PERMITS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1456, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 1343 -- Senators Leatherman, Moore, J. Verne Smith, Leventis and Drummond: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO REALLOCATE AND REDUCE EXISTING BOND AUTHORIZATIONS, TO AUTHORIZE THE STATE TREASURER TO TRANSFER AN AMOUNT NECESSARY FROM THE FUNDS OF THE VARIOUS STATE RETIREMENT SYSTEMS FOR USE TO PURCHASE OR BUILD SUITABLE OFFICE SPACE FOR THE RETIREMENT DIVISION OF THE STATE BUDGET AND CONTROL BOARD, AND TO PROVIDE THAT THE PURCHASE MUST CONFORM TO APPLICABLE LAWS, REGULATIONS, AND POLICIES GOVERNING ACQUISITION.

S. 1344 -- Senators Setzler, Drummond, Land, Leventis, J. Verne Smith, Giese and Courson: A BILL TO AMEND ACT 171 OF 1991, THE GENERAL APPROPRIATIONS ACT FOR 1991-92, SO AS TO AUTHORIZE CERTAIN REALLOCATIONS FOR A PORTION OF EDUCATION IMPROVEMENT ACT FUNDS ORIGINALLY APPROPRIATED TO THE CAMPUS INCENTIVE PROGRAM.

The Senate proceeded to a consideration of the Bill. The question being the Second Reading of the Bill.

Senator SETZLER proposed the following amendment (EDU1344.01), which was adopted:

Amend the bill, as and if amended, at the end of SECTION 1 by adding the following sentence to read:

/No local match is required on these funds./

Amend title to conform.

Senator SETZLER explained the amendment.

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

On motion of Senator SETZLER, with unanimous consent, S. 1344 was ordered to receive a third reading on Wednesday, March 4, 1992.

H. 4398 -- Reps. McAbee, Rogers, G. Bailey, Shirley, Carnell, Phillips, Keegan, Wells, Tucker, Chamblee, Marchbanks, P. Harris, Shissias, Rhoad, Snow, Corning, Altman, Beasley, Riser, Bennett, Council, Wright, T.C. Alexander, Cato, Koon, Kempe, Neilson, Cromer, Townsend, D. Elliott, M.O. Alexander, Baxley, Hendricks, L. Martin, Mattos, Bruce, Waldrop, Jaskwhich and J.C. Johnson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-675 SO AS TO DESIGNATE THE CLEMSON UNIVERSITY BOTANICAL GARDEN AS THE STATE BOTANICAL GARDEN.

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

Senator LEATHERMAN objected.

H. 3775 -- Rep. Bennett: A BILL TO AMEND SECTION 50-13-1116, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MARKING AND IDENTIFICATION OF NONGAME FISHING DEVICES, SO AS TO REVISE THE REQUIREMENTS FOR FLOATING MARKERS; TO AMEND SECTION 50-13-1135, RELATING TO COMMERCIAL AND NONCOMMERCIAL FISHING LICENSES FOR TAKING FRESHWATER NONGAME FISH WITH CERTAIN FISHING DEVICES, SO AS TO REVISE THE REQUIREMENTS FOR A TROTLINE; TO AMEND SECTION 50-13-1145, RELATING TO THE MAXIMUM NUMBER OF DEVICES FOR FRESHWATER FISHING, SO AS TO REVISE THE NUMBER OF TROTLINE HOOKS; TO AMEND SECTION 50-13-1150, RELATING TO APPLICATIONS AND FEES FOR RESIDENT AND NONRESIDENT COMMERCIAL FISHING LICENSES, SO AS TO INCREASE THE FEE FOR NONRESIDENTS FROM FIVE HUNDRED TO SEVEN HUNDRED FIFTY DOLLARS; TO AMEND SECTION 50-13-1155, AS AMENDED, RELATING TO TAGS AND PERMITS FOR CERTAIN NONGAME FISHING DEVICES, SO AS TO INCREASE THE PURCHASE PRICE FOR THE TAGS AND PERMITS FOR NONRESIDENTS TO FIFTY DOLLARS; TO AMEND SECTION 50-13-1180, RELATING TO TROTLINES, SO AS TO REQUIRE TROTLINE HOOKS USED IN LAKES MARION AND MOULTRIE TO HAVE A GAP AND PROHIBIT STAINLESS STEEL HOOKS; TO AMEND SECTION 50-13-1192, RELATING TO THE TYPE AND NUMBER OF NONGAME FISHING DEVICES USED IN FRESHWATER, SO AS TO REVISE THE REQUIREMENTS FOR TROTLINES; AND TO AMEND SECTION 50-13-1195, RELATING TO PENALTIES IN THE PROTECTION OF NONGAME FISH, SO AS TO AUTHORIZE THE FORFEITURE OF TAGS AND PERMITS AND PROVIDE FOR THE INELIGIBILITY FOR OTHER TAGS AND PERMITS UPON FORFEITURE.

On motion of Senator POPE, the Bill was carried over.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

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 adoption of Amendment No. 1 (NO5\7609.AL) proposed by Senators LAND, SHEALY, and MARTSCHINK and previously printed in the Journal of May 22, 1991.

On motion of Senator DRUMMOND, the Bill was recommitted to the Committee on Finance and, with unanimous consent, the Bill retained its place on the Calendar in the status of Interrupted Debate.

Senator LEATHERMAN asked unanimous consent to make a motion to place the Bill in the status of Adjourned Debate.

There was no objection.

THE SENATE PROCEEDED TO THE MOTION PERIOD.

S. 871 -- Senators Pope, Williams, Waddell, Setzler, Bryan and Macaulay: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-531 SO AS TO PROVIDE THAT CERTAIN ACTIONS RELATING TO ASBESTOS IN PUBLIC BUILDINGS ACCRUING BEFORE THE EFFECTIVE DATE OF THIS SECTION ARE REVIVED, AND MUST BE COMMENCED, IF NOT ALREADY COMMENCED, NO LATER THAN FIVE YEARS AFTER THE PUBLIC ENTITY SEEKING TO RECOVER HAS COMPLETED THE ABATEMENT WORK OR DISCOVERED THE IDENTITY OF THE MANUFACTURER OF THE MATERIALS, WHICHEVER IS LATER, AND TO PROVIDE FOR A FIVE-YEAR STATUTE OF LIMITATIONS PERIOD FOR CERTAIN ASBESTOS ACTIONS ACCRUING ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION.

Senator POPE moved the Bill be made a Special Order.

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

Bryan Carmichael Fielding
Gilbert Hayes, R.W. Helmly
Hinds Hinson Holland
Leatherman Leventis Lourie
Macaulay Martin Matthews
McGill Mitchell Patterson
Pope Reese Saleeby
Setzler Shealy Washington
Williams

Courson Courtney Drummond
Giese Martschink McConnell
Moore O'Dell Passailaigue
Peeler Russell Smith, J.V.
Smith, N.W. Stilwell Thomas
Wilson

Having failed to receive the necessary vote, the motion to make the Bill a Special Order failed.

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

Senator SHEALY rose to a Point of Personal Privilege.

THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.

BILL TO REMAIN IN THE STATUS OF ADJOURNED DEBATE

H. 4005 -- Reps. J. Bailey, Holt and Harvin: A JOINT RESOLUTION TO REQUIRE EACH PUBLIC SCHOOL DISTRICT IN THE STATE TO IMPLEMENT A NUTRITIONAL, WELL-BALANCED SCHOOL BREAKFAST PROGRAM FOR SCHOOL YEAR 1991-92.

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

Senator GIESE argued contra to the second reading of the Bill.

On motion of Senator WILLIAMS, with unanimous consent, the Bill was to remain in the status of Adjourned Debate, Senator GIESE retaining the floor.

Consideration was interrupted by adjournment, Senator GIESE retaining the floor.

On motion of Senator HOLLAND, with unanimous consent, the Senate stood adjourned out of respect for Trooper Hardy Merl Godbolt who gave his life in the line of duty.

At 1:45 A.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.

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