South Carolina General Assembly
109th Session, 1991-1992
Journal of the Senate

Thursday, April 23, 1992

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 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, hear the record of St. Mark in "Today's English Version of the New Testament" (6:31-32) :

"There were so many people coming and going that

Jesus and his disciples didn't even have time to

eat. So he said to them, `Let us go off by our-

selves to some place where we will be alone and

you can rest a while.' So they started out in a

boat by themselves to a lonely place."
Let us pray.

Good Lord, our Lord, we feel that we ought to "come apart and rest awhile"... but then we ask, "But...where's the time?"

We know we ought to take time off to sense the infinite beyond this finite world, which is so noisy and so near... and so demanding.

Our days are tense and strenuous, and we need the quiet time to get things in perspective... and order our values.

God, mercifully help us to find this time and the way to come into Your Holy Presence: where there is peace of mind... and fullness of joy... and strength... and hope... through a personal, intimate fellowship with the Lord of Life.

Amen.

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

MESSAGE FROM THE GOVERNOR

State Of South Carolina

Office Of The Governor

April 22, 1992
Mr. President and Members of the Senate:

At the request of the appointee, I respectfully request withdrawal from your consideration of the appointment below:

Respectfully,
Carroll A. Campbell, Jr.

Withdrawl of Statewide Appointment

Initial Appointment, Member, Board of Examiners for Nursing Home and Community Residential Care Facility Administrators, with term to expire December 31, 1991:

Res Care Administrator - Profit:

Mr. Albert M. Lynch, Carolina Care Centers, Inc., Post Office Box 1327, Lancaster, South Carolina 29721

Referred to the Committee on Medical Affairs.

MESSAGE FROM THE GOVERNOR

State Of South Carolina

Office Of The Governor

April 22, 1992
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,
Carroll A. Campbell, Jr.

Statewide Appointments

Initial Appointment, Member, South Carolina Public Service Authority, with term to expire May 19, 1998:

3rd Congressional District:

The Honorable B.L. Hendricks, Jr., Post Office Box 612, Easley, South Carolina 29641 VICE Walter T. Cox

Referred to the Committee on Finance.

Initial Appointment, Member, Wildlife and Marine Resources Commission, with term to expire July 1, 1994:

At-Large:

Mr. Knox L. Haynsworth, Jr., Post Office Box 10888, Greenville, South Carolina 29603 VICE Thomas W. Miller (as At-Large member)

Referred to the Committee on Fish, Game and Forestry.

Initial Appointment, Member, Wildlife and Marine Resources Commission, with term to expire July 1, 1998:

3rd Congressional District:

Mr. Thomas W. Miller, Route 1, Box 165, Townville, South Carolina 29689 VICE Larry C. Owen

Referred to the Committee on Fish, Game and Forestry.

Initial Appointment, Member, Wildlife and Marine Resources Commission, with term to expire July 1, 1998:

5th Congressional District:

Mr. Jake Rasor, Jr., Post Office Box 278, Cross Hill, South Carolina 29332 VICE Charles L. Compton

Referred to the Committee on Fish, Game and Forestry.

Initial Appointment, Member, Southeast Interstate Low-Level Radioactive Waste Management Compact Commission, with term to expire coterminous with the Governor:

At-Large:

Mr. Carl Roberts, Jr., Office of the Governor, 330 Edgar Brown Building, 1205 Pendleton Street, Columbia, South Carolina 29201 VICE John McMillan

Referred to the Committee on Judiciary.

Initial Appointment, Member, Jobs Economic Development Authority, with term to commence July 27, 1992, and to expire on July 27, 1995:

6th Congressional District:

Mr. Chester A. Duke, Post Office Box 929, Marion, South Carolina 29571 VICE Robert Clawson

Referred to the Committee on Labor, Commerce and Industry.

Initial Appointment, Member, Mental Health Commission, with term to expire March 9, 1997:

4th Congressional District:

Mr. Richard A. Eckstrom, 25 King George Road, Greenville, South Carolina 29615 VICE E.A. Hall, Jr.

Referred to the Committee on Medical Affairs.

Reappointment, Member, Mental Health Commission, with term to expire March 21, 1997:

5th Congressional District:

Mrs. Louise R. Hassenplug, 1618 Seldon Place, Rock Hill, South Carolina 29730

Referred to the Committee on Medical Affairs.

Motion to Ratify Adopted

At 11:08 A.M., Senator McGILL asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 11:30 A.M.

There was no objection and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., April 22, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4226 -- Rep. Koon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-3-75 SO AS TO PROVIDE THAT ANY PERSON, NOT A LICENSED VETERINARIAN, WHO BOARDS THE DOMESTIC ANIMALS OF OTHERS ON HIS OWN PREMISES FOR A FEE MAY TRANSFER THE ANIMAL TO AN APPROPRIATE ANIMAL SHELTER TEN DAYS AFTER THE DATE THE OWNER BY WRITTEN CONTRACT OR AGREEMENT AGREED TO PICK UP THE ANIMAL BUT FAILED TO DO SO IF SUCH ACTION IS PERMITTED IN THE WRITTEN CONTRACT OR AGREEMENT.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., April 23, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
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.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

CONFERENCE COMMITTEE APPOINTED

Message from the House

Columbia, S.C., April 23, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
S. 883 -- Senators J. Verne Smith, Shealy, Leatherman, Giese, Waddell, Drummond, Moore, Bryan, Lourie, Long, Peeler, Mitchell, Hinds and Mullinax: A BILL TO AMEND TITLE 24 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 RELATING TO THE CLASSIFICATION SYSTEM AND ADULT CRIMINAL OFFENDER MANAGEMENT SYSTEM SO AS TO ESTABLISH AN OFFENDER MANAGEMENT SYSTEM TO ALLEVIATE PRISON OVERCROWDING BY PROVIDING FOR THE IDENTIFICATION, PREPARATION, AND PLACEMENT OF APPROPRIATE NON-VIOLENT OFFENDERS IN THE COMMUNITY; AND TO REPEAL SECTIONS 24-3-1110 THROUGH 24-3-2060, THE PRISON OVERCROWDING POWERS ACT.
Very respectfully,
Speaker of the House

On motion of Senator J. VERNE SMITH, the Senate insisted upon its amendments to the Bill and asked for a Committee of Conference. Whereupon, the PRESIDENT appointed Senators J. VERNE SMITH, McCONNELL and LEATHERMAN of the Committee of Conference on the part of the Senate, and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., April 23, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has refused to accept the invitation to ratify Acts at 11:30 A.M. today.

Very respectfully,
Speaker of the House

Received as information.

Doctor of the Day

Senator LEATHERMAN introduced Dr. Bill Boulware of Florence, South Carolina, Doctor of the Day.

Leave of Absence

At 11:15 A.M., Senator COURSON requested and was granted a leave of absence from 12:00 Noon today, until Noon on Tuesday, April 28, 1992.

Leave of Absence

At 11:30 A.M., Senator MITCHELL requested and was granted a leave of absence from 12:00 Noon today, until Noon on Tuesday, April 28, 1992.

Point of Privilege

Senator WILLIAMS rose to a Point of Privilege.

Point of Privilege

Senator MOORE rose to a Point of Privilege.

RECALLED, READ THE SECOND TIME

H. 4474 -- Reps. Quinn, Wright, Riser and Klapman: A BILL TO AMEND SECTION 21-352, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1962, RELATING TO THE EXEMPTION FROM THE PROHIBITION AGAINST EMPLOYMENT OF TEACHERS RELATED TO A MEMBER OF THE BOARD OF TRUSTEES, SO AS TO DELETE THE SCHOOL DISTRICTS IN LEXINGTON COUNTY FROM THE EXEMPTION.

On motion of Senator WILSON, with unanimous consent, the Bill was recalled from the Lexington County local delegation.

The Bill was read the second time.

Ordered to a Third Reading

On motion of Senator WILSON, with unanimous consent, H. 4474 was ordered to receive a third reading on Friday, April 24, 1992.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1501 -- Senators Wilson, Shealy and Pope: A CONCURRENT RESOLUTION REQUESTING SOUTH CAROLINA ELECTRIC AND GAS COMPANY TO TAKE THE NECESSARY ACTION TO RENAME BOMBING RANGE ISLAND, FORMERLY KNOWN AS LUNCH ISLAND, IN LAKE MURRAY AS "DOOLITTLE ISLAND" IN HONOR OF THE COURAGE, PATRIOTISM, AND HEROIC FEATS OF THE DOOLITTLE RAIDERS OF WORLD WAR II FAME.

Whereas, the Doolittle Raiders completed their fiftieth anniversary celebration in Columbia in April, 1992, with much fanfare and excitement and with a tremendous amount of interest by the citizens of South Carolina; and

Whereas, Bombing Range Island, formerly called Lunch Island, located in Lake Murray was used by the Doolittle Raiders during the Second World War as a target on their practice bombing runs while training for their momentous future air raid on Tokyo during the war; and

Whereas, it would be entirely appropriate and a fitting tribute to these courageous and patriotic individuals known as the Doolittle Raiders for Bombing Range Island in Lake Murray to be renamed Doolittle Island. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, requests South Carolina Electric and Gas Company to take the necessary action to rename Bombing Range Island, formerly known as Lunch Island, in Lake Murray as "Doolittle Island" in honor of the courage, patriotism, and heroic feats of the Doolittle Raiders of World War II fame.

Be it further resolved that a copy of this resolution be forwarded to South Carolina Electric and Gas Company in Columbia and to Mr. Edward H. Fetner, Jr., P.O. Box 86, Chapin, South Carolina 29036.

Referred to the General Committee.

S. 1502 -- Senator Giese: A BILL TO AMEND SECTION 39-41-260, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ABOVEGROUND STORAGE, HANDLING, AND USE OF FLAMMABLE AND COMBUSTIBLE LIQUIDS, SO AS TO REFER TO THE 1990 EDITION OF THE NATIONAL FIRE PROTECTION ASSOCIATION PAMPHLETS AND TO ADD REFERENCES TO PROPOSED AMENDMENTS TO THE 1990 PAMPHLETS; TO AMEND ACT 582 OF 1990, RELATING TO APPLICABILITY AND ENFORCEMENT OF ABOVEGROUND STORAGE REQUIREMENTS, SO AS TO DESIGNATE CODE SECTIONS AND REVISE THE APPLICABILITY.

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

S. 1503 -- Senator Martschink: A BILL TO AMEND SECTION 58-9-2540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF AN ADVISORY COMMITTEE TO MONITOR THE STATEWIDE TELECOMMUNICATIONS RELAY ACCESS SERVICE, SO AS TO INCREASE THE COMMITTEE FROM EIGHT TO NINE BY ADDING ONE MEMBER WHO MUST BE HEARING-IMPAIRED AND A MEMBER OF SELF-HELP FOR HARD OF HEARING PEOPLE.

Read the first time and on motion of Senator MARTSCHINK, with unanimous consent, ordered placed on the Calendar without reference.

S. 1504 -- Senator Carmichael: A BILL TO AMEND SECTION 50-11-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO PURSUE DEER WITH DOGS IN A CERTAIN AREA IN DILLON AND MARLBORO COUNTIES IN GAME ZONE 7.

Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 1505 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ANNUAL BUDGET DEADLINES AND SCHEDULES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1471, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 1506 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO STATE AID, DESIGNATED AS REGULATION DOCUMENT NUMBER 1487, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 1507 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO INTERVENTION WHERE QUALITY OF EDUCATION IN A LOCAL SCHOOL DISTRICT IS IMPAIRED, DESIGNATED AS REGULATION DOCUMENT NUMBER 1473, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 1508 -- Banking and Insurance Committee: A BILL TO AMEND SECTIONS 38-77-1120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE "MOTOR VEHICLE THEFT AND MOTOR VEHICLE INSURANCE FRAUD REPORTING-IMMUNITY ACT", AND 23-41-20, RELATING TO DEFINITIONS UNDER THE SOUTH CAROLINA ARSON REPORTING-IMMUNITY ACT, SO AS TO PROVIDE THAT "AUTHORIZED AGENCY", OR "AUTHORIZED AGENCIES", INCLUDES THE UNITED STATES DEPARTMENT OF JUSTICE AND ITS FEDERAL BUREAU OF INVESTIGATION.

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

S. 1509 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 32-7-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATORY AUTHORITY OF THE STATE BOARD OF FINANCIAL INSTITUTIONS WITH RESPECT TO PRENEED BURIAL CONTRACTS, SO AS TO PROVIDE THAT THE LICENSE WHICH MUST BE OBTAINED FROM THE BOARD BY PERSONS HOLDING OR ACCEPTING PRENEED BURIAL CONTRACTS MUST BE RENEWED ANNUALLY FOR A FEE IN AN AMOUNT ESTABLISHED BY THE BOARD TO DEFRAY ITS EXPENSES IN ADMINISTERING ITS REGULATORY AUTHORITY WITH RESPECT TO PRENEED BURIAL CONTRACTS.

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

S. 1510 -- Senator Russell: A BILL TO PROVIDE THAT THE MEMBERS OF THE SPARTANBURG MEMORIAL AUDITORIUM COMMISSION MUST BE APPOINTED BY THE SPARTANBURG COUNTY COUNCIL PURSUANT TO SECTION 4-9-170 OF THE 1976 CODE.

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

H. 4598 -- Reps. Inabinett, Harwell, Whipper, D. Martin, Holt and J. Bailey: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE BRIDGE ON SOUTH CAROLINA HIGHWAY 174 IN CHARLESTON COUNTY CROSSING THE DAWHOO RIVER AS THE McKINLEY WASHINGTON, JR. BRIDGE.

Whereas, the Honorable McKinley Washington, Jr. has been a distinguished member of the General Assembly since 1975, first serving in the House of Representatives from 1975 through 1990, followed by his current service in the Senate beginning in 1991; and

Whereas, throughout his tenure in the General Assembly he has represented the citizens of his district with honor and integrity serving them and the State to the utmost of his ability; and

Whereas, his ministerial training and his experience as a spiritual and religious leader have been cornerstones for his leadership in the church and his community and have served him well throughout his terms in the General Assembly where he has served as Chairman of the Operations and Management Committee of the House, Chairman of the Legislative Black Caucus, and Vice Chairman of the Charleston County Legislative Delegation; and

Whereas, his colleagues in the General Assembly believe it would be fitting to pay tribute to McKinley Washington, Jr. for all he has done to make his district and this State a more enjoyable and satisfying place to live by naming a landmark in Charleston County in his honor. Now, therefore,

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

That the members of the General Assembly by this resolution request the South Carolina Department of Highways and Public Transportation to name the bridge on South Carolina Highway 174 over the Dawhoo River in Charleston County as the "McKinley Washington, Jr. Bridge" in honor of the distinguished service that Senator Washington has given to the district in which he has served and to the State.

Be it further resolved that a copy of this resolution be forwarded to the Department of Highways and Public Transportation.

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

H. 4612 -- Reps. R. Young, Gonzales, Fulmer, Whipper, J. Bailey, Hallman, Rama and Holt: A CONCURRENT RESOLUTION TO REQUEST THE UNITED STATES DEPARTMENT OF DEFENSE TO SELECT THE CHARLESTON, SOUTH CAROLINA, OFFICE OF THE FINANCIAL INFORMATION PROCESSING CENTER OF THE NAVAL SUPPLY CENTER AS A DEFENSE FINANCE AND ACCOUNTING SERVICE REGIONAL CENTER.

Whereas, the Finance and Accounting Service of the United States Department of Defense is contemplating establishing regional centers for the purpose of providing accounting and financial services for all of the department's components located within a geographical area; and

Whereas, the Charleston, South Carolina, office of the Financial Information Processing Center of the Naval Supply Center is already scheduled to become part of the Defense Finance and Accounting Service by having been selected as a Defense Civilian Payroll System consolidation payroll office; and

Whereas, in this capacity as a consolidation payroll office the center served ten thousand five hundred payroll accounts in fiscal year 1991 and is expected to serve almost fifty-six thousand by the end of fiscal year 1992; and

Whereas, providing this payroll service for the Defense Finance and Accounting Service has demonstrated the Charleston Financial Information Processing Center's expertise and ability to excel in providing consolidated services in a rapidly changing system; and

Whereas, the Charleston center has a cadre of talented people experienced in military and civilian accounting, vendor invoice payment, payroll, and disbursement who are skilled in the latest automatic data processing and network technologies; and

Whereas, the Charleston, South Carolina, area offers affordable housing, excellent schools, highly regarded public safety and transportation services, a myriad of cultural and recreational activities, advanced environmental and waste handling programs, a pleasant and temperate climate, and a very favorable cost of living; and

Whereas, the elected leadership of the local county and municipal governments have joined together in a pledge to provide a compelling level of community support by providing an incentive package from local government to build the facilities necessary to house a three thousand to five thousand person Defense Finance and Accounting Service regional center. Now, therefore,

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

That the General Assembly of the State of South Carolina by this resolution urges the United States Department of Defense to select the Charleston, South Carolina, office of the Financial Information Processing Center of the Naval Supply Center as a regional center for its Defense Finance and Accounting Service.

Be it further resolved that a copy of this resolution be forwarded to the Comptroller of the Department of Defense, Sean O'Keefe, The Pentagon, Room 3E822, Washington, D. C. 20310, and to each member of the South Carolina Congressional Delegation in Washington, D. C.

Referred to the General Committee.

H. 4613 -- Reps. Manly, Neilson, Keyserling, Waites, Whipper, Cromer, Glover, J.C. Johnson, Cobb-Hunter, McElveen, L. Elliott, Barber, Mattos, M.O. Alexander, D. Martin, Rogers, J. Bailey, Jaskwhich and Kempe: A CONCURRENT RESOLUTION ENDORSING THE GOALS AND OBJECTIVES OF THE UNITED NATIONS CONFERENCE ON ENVIRONMENT AND DEVELOPMENT (UNCED), OTHERWISE KNOWN AS THE EARTH SUMMIT, SCHEDULED FOR JUNE, 1992, IN BRAZIL, AND CALLING UPON THE PRESIDENT OF THE UNITED STATES TO JOIN HIS COUNTERPARTS FROM AROUND THE WORLD AT THE EARTH SUMMIT AND TO INSTRUCT UNITED STATES NEGOTIATORS TO WORK WITH OTHER NATIONAL DELEGATIONS IN CRAFTING AN INTERNATIONAL PROTOCOL ON GLOBAL CLIMATE CHANGE.

Whereas, public concern about protecting the global environment continues to grow as evidence mounts of the long-term damage being done to the earth by global climate change, toxic waste, freshwater and ocean pollution, and loss of biological diversity; and

Whereas, environmental problems are inextricably linked with economic and trade policies; and

Whereas, states have many critical responsibilities with respect to supporting responsible economic development as well as for environmental protection and natural resource management, including land-use planning, transportation, solid and hazardous waste management, and procurement policies; and

Whereas, the General Assembly of this State has also supported national initiatives which enable states to develop and implement successful economic development and environmental protection programs; and

Whereas, the General Assembly of South Carolina recognizes that problems such as global climate change, diminishing biological diversity, and ocean pollution can only be solved with cooperation at all levels of government from the local to the international; and

Whereas, in June of 1992, the world's leaders will gather in Rio de Janeiro, Brazil, for the United Nations Conference on Environment and Development (UNCED), otherwise known as the Earth Summit, to define new and bold steps to achieve solutions to the planet's environmental and economic development problems; and

Whereas, the Earth Summit will pay special attention to concerns regarding global climate change, toxic waste, diminishing biological diversity, and ocean and freshwater resources. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, endorses the goals and objectives of the Earth Summit, particularly with respect to the creation and adoption of global agreements which will result in policies and mechanisms to protect the global environment and enhance the ability of nations to develop equitably their natural and human resources.

Be it further resolved that the General Assembly of this State calls upon the President of the United States to join his counterparts from around the world at the Earth Summit and to instruct United States negotiators to work with other national delegations in crafting an international protocol on global climate change that would reduce this nation's emissions of carbon dioxide by twenty percent by the year 2000 and thus reestablish the role of the United States as a leader in managing the planet's resources for present and future generations.

Be it further resolved that copies of this resolution be forwarded to the President of the United States, the President of the United States Senate, and the Speaker of the United States House of Representatives, all at Washington, D.C., and to the United States Ambassador to the United Nations, at the United Nations, New York City.

Objection

Senator NELL W. SMITH objected to the Resolution being placed on the Calendar without reference.

Referred to the Committee on Agriculture and Natural Resources.

H. 4627 -- Reps. McAbee, Anderson, Clyborne, Wilkins, M.O. Alexander, Baker, Chamblee, Mattos, Sharpe, L. Martin, Marchbanks, Smith, Shirley, Ross, Vaughn, Jaskwhich, P. Harris, Tucker and Haskins: A CONCURRENT RESOLUTION TO MEMORIALIZE THE PRESIDENT OF THE UNITED STATES, THE CONGRESS OF THE UNITED STATES, AND THE NATIONAL PARK SERVICE OF THE UNITED STATES DEPARTMENT OF INTERIOR TO PLAN AND CONSTRUCT AN EXTENSION OF THE BLUE RIDGE PARKWAY INTO SOUTH CAROLINA; TO REQUEST THE STATE OF NORTH CAROLINA TO COOPERATE IN SUCH EFFORTS; AND TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND THE SOUTH CAROLINA DEPARTMENT OF PARKS, RECREATION AND TOURISM TO PLAN THE PROJECT AND COOPERATE IN ITS IMPLEMENTATION.

Whereas, the Southern Highlands' Region of the Appalachia Mountain Range is one of the most beautiful, natural areas of our Nation; and

Whereas, the Blue Ridge Parkway, which extends into the Southern Highlands' Region, is one of the Nation's most scenic highways and opens the natural splendor of the area to the view of millions of persons each year; and

Whereas, the Blue Ridge Parkway does not extend into that section of the Southern Highlands lying in the State of South Carolina; and

Whereas, the National Park Service has studied the extension of three alternate routes of the parkway from Beech Gap to Norton in North Carolina; and

Whereas, one of these alternate routes passes near Whitewater Falls very close to the South Carolina state line; and

Whereas, the State of South Carolina and the Appalachian Regional Commission has expended millions of dollars constructing and improving S.C. Highway 11, the Cherokee Foothills Scenic Highway, to interchange with Interstate 85 at the Georgia state line; and

Whereas, it would be desirable and appropriate for the Blue Ridge Parkway to be extended into South Carolina connecting with S.C. Highway 11, the Cherokee Foothills Scenic Highway. Now, therefore,

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

That the General Assembly of South Carolina memorializes the President, the Congress of the United States, and the National Park Service of the United States Department of Interior to plan, authorize, and construct an extension of the Blue Ridge Parkway into the State of South Carolina so as to connect at some appropriate point with the South Carolina Cherokee Foothills Scenic Highway.

Be it further resolved that the sovereign State of North Carolina is respectfully requested to assist and cooperate with the federal government and the State of South Carolina in the planning and development of the proposed Blue Ridge Parkway extension since it affects the lands of the State of North Carolina.

Be it further resolved that the South Carolina Department of Highways and Public Transportation and the South Carolina Department of Parks, Recreation and Tourism are requested to assist and cooperate with the officials of the federal government and the State of North Carolina in the planning and development of an extension of the Blue Ridge Parkway into the State of South Carolina and that these departments are requested to file a report with the General Assembly which sets forth: (1) their efforts to implement the intent of this resolution; (2) propose alignments for the Blue Ridge Parkway in South Carolina; (3) an analysis of the cost and benefits to be derived by the construction of the proposed highway; and (4) other actions as may be necessary to implement this plan, including a timetable for implementation.

Be it further resolved that copies of this resolution be forwarded to the President of the United States, each United States Senator from South Carolina, each member of the House of Representatives of Congress from South Carolina, the National Park Service of the United States Department of Interior, the Senate and House of Representatives of the State of North Carolina, the Chief Highway Commissioner of the South Carolina Department of Highways and Public Transportation, and the Executive Director of the South Carolina Department of Parks, Recreation and Tourism.

Referred to the Committee on Transportation.

H. 4695 -- Reps. Farr, Phillips, Sharpe, Wilkes, Bruce, Rhoad, Inabinett, Corbett, Bennett, Gonzales, Beasley, Riser, Meacham, Waites, Snow, Delleney and Manly: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE BRIDGE OVER LITTLE BROWN'S CREEK ON S. 44-57 IN UNION COUNTY AS THE CURTIS HARRIS BRIDGE.

Whereas, Curtis Harris of Union County started with the Forestry Commission on September 1, 1960; and

Whereas, during his thirty-one years of service to the Forestry Commission he has been employed as a Forestry Warden; and

Whereas, Mr. Harris, as a Forestry Warden, has risked his life to fight forest fires; and

Whereas, he has dedicated his life to preserving the forests and natural habitats of this State and protecting the environment; and

Whereas, Mr. Harris is a well-respected member of the community of Union who is active in community affairs; and

Whereas, Mr. Harris has been a part of shaping the Democratic Party of Union County by serving on the Executive Committee; and

Whereas, Mr. Harris is also a kind, giving, and gentle person who is a devoted husband, father of three, and grandfather; and

Whereas, the members of the General Assembly wish to recognize Mr. Harris' service to the State. Now, therefore,

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

That the members of the General Assembly request the Department of Highways and Public Transportation to name the bridge over Little Brown's Creek on S. 44-57 in Union County as the Curtis Harris Bridge.

Be it further resolved that a copy of this resolution be forwarded to Mr. Harris and the South Carolina Department of Highways and Public Transportation.

Referred to the Committee on Transportation.

H. 4784 -- Reps. Bruce, Littlejohn, Lanford, Wells, Beatty, and McGinnis: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE MEMBERS AND MANAGEMENT OF FIELDCREST CANNON'S LANDRUM WOVEN PLANT ON RECEIVING THE COMPANY'S CARPET AND RUG DIVISION 1991 TOP SAFETY AWARD.

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

H. 4785 -- Rep. Tucker: A CONCURRENT RESOLUTION TO CONGRATULATE THE MEMBERS OF THE A & W STARR 12 AND UNDER BASKETBALL TEAM OF ANDERSON COUNTY AND THEIR COACHES UPON WINNING THE SOUTH CAROLINA STATE AMATEUR ATHLETIC UNION CHAMPIONSHIP.

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

H. 4786 -- Reps. Rama, J. Bailey, Barber, Fulmer, Gonzales, Hallman, Holt, Inabinett, D. Martin, Whipper, and R. Young: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE WILLIAM R. RISHER.

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

H. 4105 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 28 TO TITLE 44 SO AS TO ESTABLISH THE SELF-SUFFICIENCY TRUST FUND AND THE DISABILITY FUND TO PROVIDE FUNDS TO AID DEVELOPMENTALLY DISABLED, MENTALLY ILL, AND PHYSICALLY HANDICAPPED PERSONS.

Read the first time and on motion of Senator BRYAN, with unanimous consent, ordered placed on the Calendar without reference.

H. 4290 -- Reps. Fulmer, R. Young, McAbee, H. Brown, G. Bailey, Corbett, Harrison, Holt, Wofford, Felder, D. Williams, Baker, Rama, Shissias, A. Young, Byrd, Wright, Corning, Carnell, Stone, Wilder, Keegan, Baxley and Phillips: A BILL TO AMEND SECTION 2-17-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE REGULATION OF LOBBYISTS AND LOBBYING, SO AS TO REVISE THE DEFINITION OF "LEGISLATIVE CAUCUS" TO INCLUDE A GROUP OF MEMBERS OF EITHER OR BOTH HOUSES OF THE GENERAL ASSEMBLY AFFILIATED BASED UPON COMMITMENT TO A PARTICULAR SUBJECT OR ISSUE.

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

H. 4336 -- Reps. Barber and Boan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-170 SO AS TO REQUIRE THE DIVISION OF HUMAN RESOURCE MANAGEMENT OF THE STATE BUDGET AND CONTROL BOARD, TO SOLICIT, COMPILE, AND ANNUALLY DISTRIBUTE TO STATE AGENCIES AND THE GENERAL ASSEMBLY THE INITIATIVE, ACTIVITIES, ACHIEVEMENTS, AND RESULTS OF THE TOTAL QUALITY MANAGEMENT PLAN.

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

H. 4390 -- Reps. Corning, Wright, Shissias, Quinn, Wilkes and Waites: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-215 SO AS TO ALLOW A SCHOOL DISTRICT BOARD OF TRUSTEES TO CONSIDER THE PRIOR DISCIPLINARY RECORD IN ANY SCHOOL IN WHICH A STUDENT WAS PREVIOUSLY ENROLLED AND THE STUDENT'S CRIMINAL OR JUVENILE COURT RECORD, TO DETERMINE IF THE STUDENT MEETS THE STANDARDS OF CONDUCT AND BEHAVIOR REQUIRED TO BE ENROLLED IN A SCHOOL IN THE DISTRICT, AND TO PROVIDE THAT BASED ON THE RECORD, THE BOARD MAY BAR THE STUDENT'S ENROLLMENT IN A DISTRICT SCHOOL.

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

H. 4406 -- Reps. Manly, D. Williams, Cromer, G. Bailey, Rama, Rogers, Hallman, Mattos, Kempe, Smith, Wilkes, Waites, McElveen, Whipper, J. Bailey, Anderson, Rhoad, Beatty, Jennings, Harrelson, Shissias, Barber, Littlejohn, McCraw, Chamblee, Quinn, Corning, Haskins, L. Martin, Cobb-Hunter, Harrison, Sturkie, Riser and Altman: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLASSES OF PROPERTY EXEMPT FROM AD VALOREM TAXATION, SO AS TO PROVIDE THAT THE EXEMPTION FOR THE PROPERTY OF ANY RELIGIOUS, CHARITABLE, OR ELEEMOSYNARY SOCIETY, CORPORATION, OR OTHER ASSOCIATION WHEN THE PROPERTY IS ACQUIRED FOR THE PURPOSE OF BUILDING OR RENOVATING RESIDENTIAL STRUCTURES ON IT FOR SALE TO ECONOMICALLY DISADVANTAGED PERSONS MAY BE CLAIMED FOR UP TO FIVE, RATHER THAN TWO, TAX YEARS ON A SINGLE PROPERTY, SPECIFY THAT THE SALE OF THE PROPERTY BE A NOT-FOR-PROFIT SALE, AND PROVIDE THAT THE TOTAL PROPERTIES FOR WHICH THE RELIGIOUS, CHARITABLE, OR ELEEMOSYNARY SOCIETY, CORPORATION, OR OTHER ASSOCIATION MAY CLAIM THIS EXEMPTION MAY NOT EXCEED FIFTEEN ACRES PER COUNTY WITHIN THE STATE.

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

REPORTS OF STANDING COMMITTEES

Senator SETZLER, from the Committee on Education, submitted a favorable with amendment report on:

S. 293 -- Senators Setzler, Courson, Pope, Bryan and Mullinax: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE XI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE STATE BOARD OF EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE BOARD BY PROVIDING THAT THE BOARD SHALL CONSIST OF ONE MEMBER ELECTED BY THE GENERAL ASSEMBLY FROM EACH CONGRESSIONAL DISTRICT OF THIS STATE, ONE MEMBER ELECTED FROM THE STATE AT LARGE BY THE SENATE AND ONE MEMBER BY THE HOUSE OF REPRESENTATIVES, THREE MEMBERS APPOINTED BY THE GOVERNOR FROM THE STATE AT LARGE, AND THOSE EX-OFFICIO, NONVOTING MEMBERS AS THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW.

Ordered for consideration tomorrow.

Senator SETZLER, from the Committee on Education, submitted a favorable with amendment report on:

S. 294 -- Senators Setzler, Courson, Pope, Bryan and Mullinax: A BILL TO AMEND SECTION 59-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELECTION, COMPOSITION, AND ORGANIZATION OF THE STATE BOARD OF EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE BOARD, THE MANNER IN WHICH MEMBERS ARE SELECTED, AND TO PROVIDE THAT ANY MEMBER OF THE BOARD WHO FAILS TO ATTEND THREE CONSECUTIVE REGULAR MEETINGS FOR REASONS OTHER THAN ILLNESS IS CONSIDERED TO HAVE RESIGNED; TO AMEND SECTION 59-5-20 RELATING TO PERSONS ELIGIBLE FOR MEMBERSHIP ON THE STATE BOARD OF EDUCATION, SO AS TO PROVIDE FOR THE QUALIFICATIONS AND SCREENING OF MEMBERS OF THE BOARD; AND TO AMEND SECTION 59-6-20, AS AMENDED, RELATING TO THE PUBLIC ACCOUNTABILITY DIVISION OF THE STATE BOARD, SO AS TO DISSOLVE THE DIVISION, CREATE A BUREAU FOR EDUCATION ACCOUNTABILITY AS A SPECIAL UNIT AND STAFF TO THE STATE BOARD OF EDUCATION, AND PROVIDE FOR THE DUTIES AND OPERATION OF THE BUREAU.

Ordered for consideration tomorrow.

Senator LOURIE, from the Committee on Transportation, submitted a favorable report on:

S. 1385 -- Senators McConnell, Giese, Hinson and Rose: A BILL TO AMEND SECTION 56-3-3310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A SPECIAL MOTOR VEHICLE LICENSE PLATE FOR A RECIPIENT OF THE PURPLE HEART, SO AS TO PROVIDE THAT AFTER THE INITIAL FEE FOR ISSUANCE IS PAID, THE PLATE MAY BE RENEWED BY A STICKER FOR THE ANNUAL RENEWAL FEE CHARGED FOR A REGULAR PLATE.

Ordered for consideration tomorrow.

Senator MARTIN, from the Committee on Banking and Insurance, submitted a favorable with amendment report on:

S. 1398 -- Senators Bryan, J. Verne Smith, Courtney, Martschink, Mullinax, Rose, Stilwell, Thomas and Wilson: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING, FINANCIAL INSTITUTIONS, AND MONEY BY ADDING CHAPTER 36 SO AS TO REGULATE LOAN BROKERS NOT OTHERWISE REGULATED BY FEDERAL OR STATE LAW, TO PROVIDE DEFINITIONS, TO PROHIBIT LOAN BROKERS FROM PERFORMING CERTAIN ACTS, TO PROVIDE FOR THE RESPONSIBILITY OF PRINCIPALS, TO PROVIDE FOR INVESTIGATIONS, CEASE AND DESIST ORDERS, AND HEARING PROCEDURES WITH RESPECT TO LOAN BROKERS, TO PROVIDE FOR ADMINISTRATIVE FINES AND OTHER SANCTIONS, TO PROVIDE FOR EXAMINATIONS, SUBPOENAS, HEARINGS, AND WITNESSES, TO PROVIDE FOR INJUNCTIONS TO RESTRAIN VIOLATIONS, TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS, AND TO AUTHORIZE ACTIONS FOR DAMAGES.

Ordered for consideration tomorrow.

Read the Second Time With

Notice of General Amendments

On motion of Senator SALEEBY, with unanimous consent, the Bill, S. 1398, was read the second time with notice of general amendments on third reading.

Senator SETZLER, from the Committee on Education, submitted a favorable with amendment report on:

S. 1416 -- Senators Rose and Courson: A BILL TO AMEND SECTION 59-31-40 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADOPTION OF NEW TEXTBOOKS, SO AS TO REQUIRE THE STATE BOARD OF EDUCATION TO CONDEMN OR DISAPPROVE ANY SCHOOL TEXTBOOK CONTAINING ANY KNOWN FACTUAL OR GRAMMATICAL ERROR; TO AMEND SECTION 59-31-510 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTRACTS WITH PUBLISHERS AND DISTRIBUTORS FOR RENTAL OR PURCHASE OF BOOKS, SO AS TO PROVIDE THAT A CONTRACT MUST INCLUDE THE REQUIREMENT THAT ALL TEXTBOOKS RENTED OR PURCHASED BY THE STATE BE FREE OF ANY FACTUAL OR GRAMMATICAL ERROR; THAT THE PUBLISHER BE REQUIRED TO SIGN A CERTIFICATE OF ACCURACY GUARANTEEING THAT EACH TEXTBOOK IS FREE OF ANY FACTUAL OR GRAMMATICAL ERROR; THAT ANY PUBLISHER OR DISTRIBUTOR PROVIDING A TEXTBOOK CONTAINING A FACTUAL OR GRAMMATICAL ERROR BE ASSESSED A FINE OR LIQUIDATED DAMAGES OF ONE HUNDRED THOUSAND DOLLARS AND BE PROHIBITED FROM SELLING OR RENTING A TEXTBOOK TO THE STATE FOR A PERIOD OF TWO YEARS; TO AMEND SECTION 59-31-600 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STANDARDS FOR TEXTBOOK ADOPTION, SO AS TO PROVIDE THAT THE TEXTBOOK EVALUATING AND RATING COMMITTEE BE MADE UP OF AT LEAST EIGHTY PERCENT NON-EDUCATORS WITH EXPERTISE IN AREAS UNDER CONSIDERATION; THAT THE TEXTBOOK EVALUATING AND RATING COMMITTEE SHALL INCLUDE IN ITS RATING AND EVALUATION CRITERIA CONSIDERATIONS FOR ACCURACY OF FACTS AND GRAMMAR, SATISFACTION OF STATE MANDATES FOR GRADUATION CRITERIA, SUPPORT FOR THE FREE ENTERPRISE SYSTEM, DEMONSTRATION OF THE BENEFITS OF FREE ENTERPRISE IN THE UNITED STATES, COMMUNICATIONS THROUGH TEXTBOOKS AND OTHER INSTRUCTIONAL MATERIALS OF THE BENEFITS OF REPRESENTATIVE DEMOCRACY, INDIVIDUAL LIBERTY, PERSONAL RESPONSIBILITY, ECONOMIC AND POLITICAL FREEDOM, AND OTHER TRADITIONAL VALUES AND PRINCIPALS OF WESTERN CIVILIZATION AND AMERICAN SOCIETY ESPOUSED IN THE UNITED STATES DECLARATION OF INDEPENDENCE AND EMBODIED IN THE UNITED STATES CONSTITUTION, AND GIVE THE HIGHEST WEIGHT IN CHOOSING BOOKS TO THE ACCURACY OF FACTS PRESENTED IN THE MATERIALS; THAT THE CURRICULUM STAFF AT THE DEPARTMENT OF EDUCATION SHALL BE RESPONSIBLE FOR MONITORING THE WORK OF THE TEXTBOOK EVALUATING AND RATING COMMITTEE TO ENSURE THAT HIGH QUALITY ACCURATE TEXTBOOKS ARE RECOMMENDED; THAT EMPLOYEES OF THE STATE DEPARTMENT OF EDUCATION WHO ARE CHARGED WITH OVERSEEING THE TEXTBOOK SELECTION PROCESS HOLD CURRENT TEACHER CERTIFICATES IN AREAS UNDER THEIR JURISDICTION; TO PROHIBIT PERSONS FROM SERVING ON THE TEXTBOOK SELECTION OR REVIEW COMMITTEE IF SUCH PERSON IS RECEIVING COMPENSATION FROM, EITHER DIRECTLY OR INDIRECTLY, OR IS A CURRENT EMPLOYEE, OR HAS BEEN AN EMPLOYEE OF A TEXTBOOK PUBLISHING OR DISTRIBUTION COMPANY WITHIN THE PAST FIVE YEARS; TO REQUIRE THAT ANY STAFF MEMBER AT THE STATE DEPARTMENT OF EDUCATION WHO HAS BEEN AN EMPLOYEE OF A TEXTBOOK PUBLISHING COMPANY WITHIN THE PAST FIVE YEARS RECUSE HIMSELF FROM THE SELECTION PROCESS OF BOOKS; TO PROHIBIT ACCEPTANCE OR SOLICITATION BY ANY STATE EMPLOYEE, OR OFFERING OR PROVIDING TO A STATE EMPLOYEE, ANYTHING OF VALUE BY A PUBLISHER OR SUPPLIER OF SCHOOL TEXTBOOKS OR INSTRUCTIONAL MATERIALS; AND TO AMEND CHAPTER 31, TITLE 59 OF THE SOUTH CAROLINA CODE OF LAWS, 1976, BY ADDING SECTION 59-31-700, SO AS TO PROVIDE THAT PROPOSED TEXTBOOKS BE PLACED ON PUBLIC DISPLAY FOR A PERIOD OF SIXTY DAYS IN EACH OF THE NINETY-ONE SCHOOL DISTRICT OFFICES WITH NOTICE TO THE PUBLIC IN PAID ADVERTISEMENT IN LOCAL NEWSPAPERS PRIOR TO ANY FINAL ADOPTION BY THE STATE BOARD OF EDUCATION.

Ordered for consideration tomorrow.

Senator LOURIE, from the Committee on Transportation, submitted a favorable report on:

H. 4405 -- Rep. Altman: A BILL TO AMEND SECTION 56-3-660, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES FOR SELF-PROPELLED PROPERTY CARRYING VEHICLES, SO AS TO PROVIDE THAT NO VEHICLE IN EXCESS OF EIGHTY THOUSAND POUNDS WILL BE REGISTERED; AND TO AMEND SECTION 56-5-4170, RELATING TO PERMITS FOR EXCESS SIZE AND WEIGHT, SO AS TO PROVIDE FOR A FEE OF TWENTY DOLLARS FOR EACH PERMIT ISSUED.

Ordered for consideration tomorrow.

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

H. 4692 -- Reps. Inabinett, Rogers, Whipper, Vaughn, Scott, Jaskwhich, Holt, L. Elliott, Kennedy, Sturkie, Kempe, McCraw, Anderson, Littlejohn, Cobb-Hunter, Manly, Beatty, Cato, D. Martin, Phillips, Byrd, Barber, J. Brown, Townsend, Lanford, Shirley, Snow, McLeod and Canty: A CONCURRENT RESOLUTION DESIGNATING THE FIRST THURSDAY IN MAY (MAY 7, 1992) AS "LEGISLATIVE FAMILY DAY 1992" IN RECOGNITION AND APPRECIATION OF THE PATIENCE AND UNDERSTANDING SHOWN BY THE FAMILIES OF THE MEMBERS OF THE GENERAL ASSEMBLY AND THE WONDERFUL SUPPORT GIVEN BY THESE GREAT FAMILIES TO THE MEMBERS AS THEY CARRY OUT THEIR LEGISLATIVE DUTIES, AND INVITING A FAMILY MEMBER OF EACH MEMBER OF THE GENERAL ASSEMBLY TO THE STATE HOUSE AS SPECIAL GUESTS OF THE GENERAL ASSEMBLY TO ATTEND AND OBSERVE THE RESPECTIVE SESSIONS IN THE SENATE AND THE HOUSE OF REPRESENTATIVES ON "LEGISLATIVE FAMILY DAY 1992".

Ordered for consideration tomorrow.

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

An invitation from South Carolina Victim Assistance Network to attend a breakfast at the Town House Hotel on Thursday, April 30, 1992, beginning at 8:30 A.M.

The invitation was accepted.

CONCURRENCE

H. 4480 -- Reps. Carnell, McAbee, Boan, J.W. Johnson and Foster: 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.

The House returned the Bill with amendments.

Senator J. VERNE SMITH explained the amendments.

Senator J. VERNE SMITH moved concurrence in the House amendments.

Senator THOMAS spoke in favor of the motion and Senator MITCHELL argued contra.

The question then was the motion to concur in the House amendments.

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.

CONCURRENCE

H. 4622 -- Rep. Stoddard: A BILL TO AMEND ACT 171 OF 1967, AS AMENDED, RELATING TO LAURENS COUNTY SCHOOL DISTRICTS FIFTY-FIVE AND FIFTY-SIX AND THE ANNUAL OPERATING BUDGETS AND TAX LEVY THEREFOR, SO AS TO REVISE THE AUTHORIZED ANNUAL TAX LEVIES.

The House returned the Bill with amendments.

On motion of Senator BRYAN, 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.

HOUSE CONCURRENCE

S. 1424 -- Senator Reese: A CONCURRENT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA STATE STUDENT LEGISLATURE TO USE THE SENATE CHAMBER AND THE HOUSE CHAMBER OCTOBER 22 AND 23, 1992, AND THE BLATT BUILDING OCTOBER 21 AND 22, 1992, FOR ITS ANNUAL MEETING.

Returned with concurrence.

Received as information.

S. 1494 -- Senators Martschink, Shealy and Wilson: A CONCURRENT RESOLUTION CONGRATULATING BEVERLY D. BRANDES OF LEXINGTON COUNTY ON HER ELECTION AS CHAIRMAN OF THE BOARD OF TRUSTEES OF THE NATIONAL RECREATION AND PARK ASSOCIATION.

Returned with concurrence.

Received as information.

S. 1495 -- Senator Martschink: A CONCURRENT RESOLUTION CONGRATULATING LILLIE EDENS HERNDON OF COLUMBIA UPON BEING HONORED WITH THE THIRTY-THIRD ANNUAL "SERVICE TO MANKIND" AWARD BY THE RICHLAND SERTOMA CLUB AND THE WADE HAMPTON DISTRICT OF SERTOMA INTERNATIONAL.

Returned with concurrence.

Received as information.

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

ORDERED ENROLLED FOR RATIFICATION

The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title thereof be changed to that of an Act and same enrolled for Ratification:

H. 4436 -- Reps. Baxley and Beasley: A BILL TO AMEND ACT 748 OF 1978, AS AMENDED, RELATING TO THE BOARD OF EDUCATION OF THE DARLINGTON COUNTY SCHOOL DISTRICT, SO AS TO REDUCE THE NUMBER OF SCHOOL BOARD MEMBERS FROM TWELVE TO EIGHT, PROVIDE THAT THE SINGLE-MEMBER ELECTION DISTRICTS FOR THE PURPOSE OF ELECTING THE MEMBERS OF THE BOARD OF EDUCATION OF DARLINGTON COUNTY ARE THE SAME AS PROVIDED BY LAW FOR THE MEMBERS OF THE DARLINGTON COUNTY COUNCIL, MAKE CHANGES TO THE LAW GOVERNING BOARD OF EDUCATION MEMBERS AND THE METHOD OF THEIR SELECTION, INCLUDING, AMONG OTHER THINGS, THE DATE OF THE COMMENCEMENT OF TERMS OF OFFICE, AND PROVIDE FOR THE EXPIRATION OF TERMS OF PRESENT BOARD OF EDUCATION MEMBERS.

(By prior motion of Senator SALEEBY)

AMENDED, READ THE THIRD TIME

H. 3550 -- Reps. Cromer and Manly: A BILL TO AMEND SECTION 56-3-1970, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES FOR VIOLATING THE PROVISIONS OF LAW ON HANDICAPPED PARKING, SO AS TO INCREASE THE PENALTIES FOR FIRST, SECOND, THIRD, AND SUBSEQUENT OFFENSES AND PROVIDE THAT, IN THE CASE OF A THIRD OR SUBSEQUENT OFFENSE, THE DRIVER'S LICENSE OF THE VIOLATOR MUST BE SUSPENDED FOR NINETY DAYS.

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

Senator HOLLAND proposed the following amendment (JUD3550.001), which was adopted:

Amend the bill, as and if amended, page 1, beginning on line 40, by striking SECTION 2 in its entirety and inserting therein the following:

/SECTION 2. Section 56-1-745(C) of the 1976 Code is amended to read:

"(C)(1) If an individual is employed or enrolled in a public or private school, college, or university at the any time while his driver's license is suspended pursuant to this section, he may apply for a special restricted driver's license permitting him to drive only to and from work or his place of education and in the course of his employment or education during the period of suspension. The department may issue the special restricted driver's license only upon showing by the individual that he is employed or enrolled in a public or private school, college, or university, that he lives further than one mile from his place of employment or education, and that there is no adequate public transportation between his residence and his place of employment or place of education , and that his job does not require him to drive.

(2) If the department issues a special restricted driver's license, it shall designate a particular route as well as reasonable restrictions on the times during which and routes on which the individual may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, or residence must be reported immediately to the department by the licensee.

(3) The fee for each special restricted driver's license, including a reissue caused by changes in the place and hours of employment, education, or residence, is ten dollars.

(4) The operation of a motor vehicle outside the time limits and route imposed by a special restricted license by the person issued that license is a violation of Section 56-1-460."

SECTION 3. Section 56-1-746(D) of the 1976 Code is amended to read:

"(D) (1) If an individual is employed or enrolled in a public or private school, college, or university at the any time while his driver's license is suspended pursuant to this section, he may apply for a special restricted driver's license permitting him to drive only to and from work or his place of education and in the course of his employment or education during the period of suspension. The department may issue the special restricted driver's license only upon showing by the individual that he is employed or enrolled in a public or private school, college, or university, that he lives further than one mile from his place of employment or education, and that there is no adequate public transportation between his residence and his place of employment or his place of education , and that his job does not require him to drive.

(2) If the department issues a special restricted driver's license, it shall designate a particular route as well as reasonable restrictions on the times during which and routes on which the individual may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, or residence must be reported immediately to the department by the licensee.

(3) The fee for each special restricted driver's license, including a reissue caused by changes in the place and hours of employment, education, or residence, is ten dollars.

(4) The operation of a motor vehicle outside the time limits and route imposed by a special restricted license by the person issued that license is a violation of Section 56-1-460."

SECTION 4. This act takes effect upon approval by the Governor except that the provisions of Sections 2 and 3 shall apply to any person whose license has been suspended under Section 56-1-745(C) or Section 56-1-746(D)./

Amend title to conform.

Senator HOLLAND explained the amendment.

There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.

THIRD READING BILLS

The following Bills and Joint Resolution were severally read the third time, passed and ordered sent to the House of Representatives:

S. 1314 -- Senator Land: A BILL TO AMEND ARTICLE 3, CHAPTER 11, TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DAMS AND RESERVOIRS SAFETY ACT, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS FOR OWNERS OF DAMS OR RESERVOIRS REGARDING TRANSFER OF OWNERSHIP, MAINTENANCE, AND OPERATION AND REQUIREMENTS FOR CONSTRUCTION OF NEW DAMS AND RESERVOIRS, PROVIDE RELATED REQUIREMENTS FOR THE LAND RESOURCES CONSERVATION COMMISSION, AUTHORIZE THE COMMISSION TO ASSESS FINES FOR VIOLATIONS, AUTHORIZE THE COMMISSION TO INSTITUTE LEGAL ACTION INSTEAD OF THE ATTORNEY GENERAL, AND PROVIDE FOR THE USE OF CIVIL FINES COLLECTED UNDER THIS ARTICLE.

S. 884 -- Senator McConnell: A BILL TO AMEND SECTION 11-35-3020, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSTRUCTION PROCUREMENT PROCEDURES UNDER THE CONSOLIDATED PROCUREMENT CODE, SO AS TO DELETE PROVISIONS AND LANGUAGE AND TO ADD PROVISIONS EFFECTING CHANGES IN THE REQUIREMENTS FOR LISTING AND SUBSTITUTING SUBCONTRACTORS.

S. 1493 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO ENVIRONMENTAL HEALTH FEES TO TEST MILK, MILK PRODUCTS, AND FROZEN DESSERTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1422, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Recorded Vote

Senator PEELER abstained from the vote whereby the Resolution was read the third time.

SECOND READING BILLS

WITH NOTICE OF GENERAL AMENDMENTS

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

S. 931 -- Senator Martschink: A BILL TO AMEND SECTION 59-111-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF LAW ENFORCEMENT OFFICER FOR THE PURPOSES OF FREE TUITION AT A STATE-SUPPORTED COLLEGE, UNIVERSITY, OR VOCATIONAL OR TECHNICAL SCHOOL, SO AS TO INCLUDE A PERSON PERFORMING LAW ENFORCEMENT DUTIES AT THE REQUEST OF AND UNDER THE SUPERVISION OF A FEDERAL AGENCY.

H. 4580 -- Rep. Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-111-15 SO AS TO AUTHORIZE ANY STATE-SUPPORTED COLLEGE OR UNIVERSITY OR ANY STATE-SUPPORTED POST-HIGH SCHOOL VOCATIONAL OR TECHNICAL SCHOOL TO PROVIDE CERTAIN TUITION ASSISTANCE FOR ITS PERMANENT FACULTY AND STAFF.

SECOND READING BILLS

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

S. 1500 -- Senator Helmly: A BILL TO AMEND SECTION 7-7-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS AND POLLING PLACES IN BERKELEY COUNTY, SO AS TO CHANGE THE POLLING PLACE FOR THE CAINHOY PRECINCT.

(By prior motion of Senator HELMLY)

S. 1476 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-460 SO AS TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD, THROUGH THE DIVISION OF INSURANCE SERVICES, TO PAY JUDGMENTS AGAINST INDIVIDUAL GOVERNMENTAL EMPLOYEES AND OFFICIALS OF LIMITED AMOUNTS IN EXCESS OF ONE MILLION DOLLARS, TO PROVIDE THAT THE PAYMENTS ARE LIMITED TO JUDGMENTS AGAINST OFFICIALS COVERED BY A TORT LIABILITY POLICY ISSUED BY THE INSURANCE RESERVE FUND FOR ACTS COMMITTED WITHIN THE SCOPE OF EMPLOYMENT, AND TO PROVIDE THAT PAYMENTS MUST BE RECOVERED BY ASSESSMENTS AGAINST ALL ENTITIES PURCHASING TORT LIABILITY INSURANCE FROM THE INSURANCE RESERVE FUND.

H. 4296 -- Rep. Rama: A BILL TO AMEND SECTION 59-67-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAMPERING WITH GOVERNORS ON SCHOOL BUSES, SO AS TO SET THE SPEED LIMIT FOR SCHOOL BUSES.

Ordered to a Third Reading

On motion of Senator GIESE, with unanimous consent, H. 4296 was ordered to receive a third reading on Friday, April 24, 1992.

H. 4537 -- Reps. McAbee, Kinon and McGinnis: A BILL TO AMEND CHAPTER 130 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIVERSITY OF CHARLESTON, BY ADDING ARTICLE 3 SO AS TO AUTHORIZE THE BOARD OF TRUSTEES TO ISSUE REVENUE BONDS IN ORDER TO PROVIDE FUNDS FOR THE CONSTRUCTION, RECONSTRUCTION, IMPROVEMENT, AND EQUIPPING OF BUILDINGS, TO PROVIDE THAT THE BONDS MUST BE SECURED BY A LIEN ON THE PLEDGE OF REVENUES DERIVED FROM RENTALS, FEES, AND OTHER CHARGES, TO PROVIDE PROCEDURES FOR THE AUTHORIZATION OF THE BONDS; AND TO DESIGNATE SECTIONS 59-130-10 THROUGH 59-130-50 AS ARTICLE 1, CHAPTER 130, TITLE 59 AND ENTITLED "GENERAL PROVISIONS".

Senator SETZLER explained the Bill.

Ordered to a Third Reading

On motion of Senator PASSAILAIGUE, with unanimous consent, H. 4537 was ordered to receive a third reading on Friday, April 24, 1992.

ADOPTED

H. 4757 -- Reps. Gentry, Hendricks, Hodges and Glover: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 27, 1992, AT 12:00 NOON AS THE TIME FOR ELECTING SUCCESSORS FOR CERTAIN JUDGES OF THE CIRCUIT COURT WHOSE TERMS EXPIRE JUNE 30, 1995, AND JUNE 30, 1997; AND TO ELECT SUCCESSORS FOR CERTAIN JUDGES OF THE FAMILY COURT WHOSE TERMS EXPIRE JUNE 30, 1992, AND JUNE 30, 1995.

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

AMENDED, ADOPTED

RETURNED TO THE HOUSE WITH AMENDMENTS

H. 4688 -- Rep. G. Brown: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, APRIL 29, 1992, AS THE TIME FOR ELECTING MEMBERS OF THE BOARD OF TRUSTEES OF CLEMSON UNIVERSITY AND MEMBERS OF THE BOARD OF TRUSTEES OF THE UNIVERSITY OF SOUTH CAROLINA TO SUCCEED THOSE MEMBERS OF THE BOARD WHOSE TERMS EXPIRE IN 1992.

The Senate proceeded to a consideration of the Concurrent Resolution. The question being the adoption of the amendment proposed by the Committee on Invitations.

The amendment proposed by the Committee on Invitations (RES4688.01) was adopted as follows:

Amend the concurrent resolution, as and if amended, by striking all and after the enacting words and inserting in lieu thereof:

/TO FIX 12:00 NOON ON WEDNESDAY, APRIL 29, 1992, AS THE TIME FOR ELECTING MEMBERS OF THE BOARD OF TRUSTEES OF CLEMSON UNIVERSITY AND MEMBERS OF THE BOARD OF TRUSTEES OF THE UNIVERSITY OF SOUTH CAROLINA TO SUCCEED THOSE MEMBERS OF THE BOARD WHOSE TERMS EXPIRE IN 1992.

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

That the House of Representatives and the Senate meet in joint session in the hall of the House at 12:00 noon on Wednesday, April 29, 1992, for the purpose of electing members of the Board of Trustees of Clemson University and members of the Board of Trustees of the University of South Carolina to succeed those members whose terms expire in 1992./

Amend title to conform.

There being no further amendments, the Concurrent Resolution was adopted, ordered returned to the House with amendments.

CARRIED OVER

S. 1012 -- Senator McConnell: A BILL TO AMEND SECTION 20-7-650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF LOCAL CHILD PROTECTIVE AGENCIES, SO AS TO PROVIDE FOR JUDICIALLY DETERMINED REPORTS INSTEAD OF INDICATED INVESTIGATIONS OF CHILD ABUSE AND NEGLECT TO BE COMMUNICATED TO THE STATEWIDE CENTRAL REGISTRY, DELETE THE PROVISIONS FOR A LOCAL REGISTRY AND REPORTS OF CHILD ABUSE, AND PROVIDE FOR THE DESTRUCTION OF NAMES, ADDRESSES, BIRTH DATES, AND OTHER IDENTIFYING CHARACTERISTICS OF PERSONS NAMED IN JUDICIALLY DETERMINED INSTEAD OF INDICATED REPORTS OF CHILD ABUSE AND NEGLECT.

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

S. 1382 -- Senators Robert W. Hayes, Jr., Stilwell and Bryan: A BILL TO AMEND CHAPTER 5 OF TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-5-130 SO AS TO ABROGATE THE COMMON LAW RULE WHICH REQUIRES THE WORDS "AND HIS HEIRS" IN A DEED OF REALTY TO CONVEY PROPERTY IN FEE SIMPLE ABSOLUTE.

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

S. 1323 -- Senator Drummond: A BILL TO AMEND SECTION 4-10-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION, COLLECTION, AND REVENUE DISTRIBUTION OF THE LOCAL SALES AND USE TAX, SO AS TO DELAY THE IMPOSITION DATE FROM MAY FIRST TO JUNE FIRST FOLLOWING APPROVAL AND TO DELETE AN OBSOLETE PROVISION.

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

H. 3829 -- Reps. Boan, P. Harris, Harwell, Keegan, Nettles, Scott, Tucker, Wilkins, Kinon, L. Elliott and Houck: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 5 IN TITLE 48, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION, BY ENACTING THE SOUTH CAROLINA WATER QUALITY REVOLVING FUND AUTHORITY ACT SO AS TO CREATE THE SOUTH CAROLINA WATER QUALITY REVOLVING FUND AUTHORITY; TO PROVIDE FOR THE POWERS OF THE AUTHORITY; TO AUTHORIZE THE ESTABLISHMENT BY THE AUTHORITY OF A REVOLVING FUND FOR THE PURPOSE OF MAKING LOANS TO PROJECT SPONSORS FOR THE FINANCING OF WASTEWATER TREATMENT FACILITIES AND OTHER CLEAN WATER PROJECTS; TO AUTHORIZE THE AUTHORITY TO ISSUE BONDS FOR THE PURPOSE OF PROVIDING FUNDS FOR DEPOSIT TO THE REVOLVING FUND; TO PROVIDE FOR THE METHOD OF ISSUANCE AND SECURING OF THE BONDS AND THE PAYMENT; TO AUTHORIZE THE DEPOSIT IN THE REVOLVING FUND OF FEDERAL GRANTS, STATE APPROPRIATIONS, LOAN REPAYMENTS, AND OTHER AMOUNTS AVAILABLE TO THE AUTHORITY; TO AUTHORIZE THE MAKING OF LOANS BY THE AUTHORITY TO PROJECT SPONSORS AND THE BORROWING BY PROJECT SPONSORS FROM THE AUTHORITY; AND TO REPEAL CHAPTER 6 OF TITLE 48, RELATING TO THE WATER POLLUTION REVOLVING FUND.

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

S. 1449 -- Senator Lourie: A BILL TO AMEND SECTION 46-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MIGRANT FARM WORKERS COMMISSION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION, TO PROVIDE THAT THE CHAIRMAN OF THE COMMISSION MUST BE APPOINTED BY THE GOVERNOR, AND TO PROVIDE THAT A REPRESENTATIVE OF CERTAIN FEDERAL AND STATE AGENCIES IS AUTHORIZED TO ATTEND MEETINGS OF THE COMMISSION IN ORDER TO ACT IN AN ADVISORY CAPACITY TO THE COMMISSION, AND TO AMEND SECTION 46-43-30, RELATING TO OFFICES OF THE COMMISSION AND OTHER RELATED ADMINISTRATIVE MATTERS, SO AS TO DELETE THE STIPULATION THAT THE COMMISSION SHALL ELECT A CHAIRMAN.

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

S. 142 -- Senators McConnell and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-13-160 SO AS TO REQUIRE A PET DEALER AND PET SHOP OWNER TO PROVIDE AN ANIMAL BUYER WITH A STATEMENT FROM A LICENSED VETERINARIAN THAT THE ANIMAL HAS BEEN EXAMINED AND IS FREE OF DISEASE AND DEFORMITY, PROVIDE REMEDIES, AND DEFINE TERMS.

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

S. 1483 -- Senator Shealy: A BILL TO AMEND SECTION 38-77-625, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE AND THE PROHIBITION ON INCREASING AN INSURED'S REINSURANCE FACILITY RECOUPMENT CHARGE IF HE IS INVOLVED IN A MOTOR VEHICLE ACCIDENT WHERE HE IS NOT THE AT-FAULT DRIVER, SO AS TO PROVIDE ADDITIONALLY THAT THE RECOUPMENT CHARGE MAY NOT BE INCREASED UNLESS THE INSURED IS GUILTY OF A MOVING TRAFFIC VIOLATION WHICH MANDATES THE ASSESSMENT OF POINTS.

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

H. 4262 -- Rep. J. Bailey: A BILL TO AMEND SECTION 4-9-195, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL PROPERTY TAX ASSESSMENTS FOR REHABILITATED HISTORIC PROPERTIES AND LOW AND MODERATE INCOME RENTAL PROPERTIES, SO AS TO REVISE THE SPECIAL EIGHT-YEAR ASSESSMENT TO THE GREATER OF FORTY PERCENT OF FOUR PERCENT OF THE APPRAISAL VALUE AFTER REHABILITATION OR CERTIFICATION OR THE ORIGINAL ASSESSMENT ON THE PROPERTY, TO MAKE INELIGIBLE FOR THE ASSESSMENT PROPERTY REHABILITATED AS A RESULT OF NATURAL DISASTER, CATASTROPHE, ACCIDENT, OR FORCE MAJEURE, AND TO REVISE THE ELIGIBILITY REQUIREMENTS APPLICABLE TO LOW AND MODERATE INCOME RENTAL PROPERTY.

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

H. 4520 -- Reps. McElveen, Mattos, J. Bailey, Farr, Keyserling, Whipper, Jennings, Waites, Houck, D. Martin, Snow, Phillips, T.C. Alexander, Barber, Rogers, Byrd, Wilkes, Harvin, Felder, J. Harris, Hodges, McTeer, Boan, Marchbanks and Kennedy: A CONCURRENT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY ISSUES RELATING TO MIDDLE, JUNIOR HIGH, AND HIGH SCHOOL STUDENTS WHO LIKELY WILL NOT ATTEND COLLEGE OR WILL DROP OUT OF SCHOOL, INCLUDING CONSIDERATIONS PERTAINING TO APPRENTICE PROGRAMS, MENTORSHIP PROGRAMS, COMMUNITY SERVICE AND BUSINESS APPROACHES, THE TECH-PREP PROGRAM, POST-SECONDARY OPTIONS PROGRAMS, AND INCENTIVES FOR GRADUATING FROM HIGH SCHOOL.

On motion of Senator SETZLER, the Resolution was carried over.

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

CARRIED OVER

S. 249 -- Senator Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-232 SO AS TO PROVIDE THAT REAL PROPERTY DOES NOT QUALIFY AS AGRICULTURAL REAL PROPERTY UNLESS THE TRACT IS FIVE ACRES OR MORE IN THE CASE OF TIMBERLAND AND TEN ACRES OR MORE FOR OTHER THAN TIMBERLAND, TO PROVIDE THAT THE TEN ACRE REQUIREMENT DOES NOT APPLY IF THERE IS AT LEAST ONE THOUSAND DOLLARS OF GROSS FARM INCOME FOR AT LEAST THREE OF THE FIVE TAXABLE YEARS PRECEDING THE APPLICATION FOR AGRICULTURAL USE, TO MAKE NEW OWNERS OF LESS THAN TEN ACRES ELIGIBLE FOR AGRICULTURAL USE SUBJECT TO THE ROLLBACK TAX IF THEY FAIL TO MEET THE SAME INCOME REQUIREMENTS IN THE FIRST FIVE YEARS OF OPERATION, TO AUTHORIZE THE ASSESSOR TO OBTAIN TAX INFORMATION AND THE AGRICULTURE STABILIZATION AND CONSERVATION SERVICE FARM IDENTIFICATION NUMBER TO VERIFY APPLICATIONS, TO PROVIDE THAT LAND IDLE UNDER LAND RETIREMENT PROGRAMS QUALIFIES FOR AGRICULTURAL USE IF OTHERWISE ELIGIBLE, TO PROVIDE THAT IN THE CASE OF LEASE OPERATIONS, THE LESSOR OR LESSEE SHALL MEET THE REQUIREMENTS, AND TO REQUIRE APPLICANTS FOR AGRICULTURAL USE OR THE SPECIAL ASSESSMENT RATIO FOR CERTAIN AGRICULTURE OPERATIONS TO CERTIFY THAT THE PROPERTY MEETS THE APPLICABLE REQUIREMENTS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-340 SO AS TO MAKE IT UNLAWFUL TO MAKE A FALSE STATEMENT ON AN APPLICATION FOR AGRICULTURAL USE AND THE SPECIAL ASSESSMENT RATIO FOR CERTAIN AGRICULTURE OPERATIONS AND PROVIDE A PENALTY; AND TO EXEMPT FROM THE ROLLBACK TAX LANDOWNERS MADE INELIGIBLE FOR AGRICULTURAL USE BY THE PROVISIONS OF THIS ACT.

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

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

THE SENATE PROCEEDED TO THE MOTION PERIOD.

MADE SPECIAL ORDER

S. 1327 -- Senator Williams: A BILL TO AMEND SECTION 48-48-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITS ON THE AMOUNT OF WASTE WHICH MAY BE DISPOSED OF AT THE BARNWELL FACILITY, TO EXTEND THE LIMIT ON THE AMOUNT OF WASTE WHICH MAY BE DISPOSED OF AT THE BARNWELL FACILITY TO TWELVE MILLION CUBIC FEET THROUGH JANUARY 1, 1996, NOT TO EXCEED ONE MILLION, TWO HUNDRED THOUSAND CUBIC FEET OF WASTE FOR A CALENDAR YEAR; TO AMEND SECTION 48-48-80, RELATING TO LEGISLATIVE AUTHORIZATION FOR CONTINUED OPERATION OF THE LOW-LEVEL WASTE DISPOSAL FACILITY LOCATED NEAR BARNWELL, SOUTH CAROLINA, SO AS TO AUTHORIZE THAT FACILITY TO CONTINUE TO SERVE AS THE REGIONAL DISPOSAL FACILITY FOR THE SOUTHEAST REGION UNTIL JANUARY 1, 1996; TO AMEND SECTION 48-48-90, RELATING TO THE CARRY-FORWARD OF UNUSED ANNUALIZED SITE CAPACITY, SO AS TO EXTEND THE CARRY-FORWARD PROVISION TO DECEMBER 31, 1995; TO AMEND SECTION 48-47-30(10), RELATING TO THE DEFINITION OF "REGIONAL FACILITY" IN THE SOUTHEAST COMPACT, SO AS TO CHANGE THAT DEFINITION TO AUTHORIZE THE BARNWELL FACILITY TO REMAIN THE REGIONAL FACILITY UNTIL JANUARY 1, 1996; AND TO DIRECT THE SOUTH CAROLINA REPRESENTATIVES TO THE SOUTHEAST COMPACT COMMISSION TO INITIATE NEGOTIATIONS BETWEEN THE COMPACT COMMISSION AND THE STATE OF NORTH CAROLINA REGARDING CONDITIONS AND SANCTIONS FOR ACCESS TO THE BARNWELL FACILITY.

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

The Bill was made a Special Order.

MADE SPECIAL ORDER

S. 1231 -- Senators Saleeby, Pope, Land, Mullinax and McConnell: A BILL TO AMEND SECTION 42-7-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTICIPATION UNDER THE STATE WORKERS' COMPENSATION FUND, SO AS TO INCLUDE EMPLOYERS WITH TWENTY-FIVE OR FEWER EMPLOYEES AT THE TIME OF INITIAL COVERAGE, PROVIDE FOR NOTIFICATION WHEN COVERAGE EXPIRES, AND PROVIDE FOR PRIVATE EMPLOYERS TO EXERCISE THEIR OPTION TO PARTICIPATE; AND TO AMEND SECTION 42-7-70, RELATING TO RATES AND PREMIUMS PAID BY PARTICIPANTS, SO AS TO REQUIRE PREMIUMS COLLECTED AND INVESTMENT INCOME FROM PRIVATE EMPLOYERS TO BE DETERMINED, MAINTAINED, AND ACCOUNTED FOR SEPARATELY FROM PREMIUMS OF GOVERNMENTAL ENTITIES.

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

The Bill was made a Special Order.

MOTION ADOPTED

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

THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.

CONSIDERATION INTERRUPTED; BILL REMAINED IN

THE STATUS OF ADJOURNED 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), previously proposed by Senators LAND, SHEALY and MARTSCHINK and printed in the Journal on May 22, 1991.

Senator PASSAILAIGUE spoke on the Bill.

RECESS

At 12:46 P.M., on motion of Senator LAND, with Senator PASSAILAIGUE retaining the floor, the Senate receded from business not to exceed five minutes.

At 12:49 P.M., the Senate resumed.

Senator PASSAILAIGUE spoke on the Bill.

MOTION WITHDRAWN

Senator WILLIAMS asked unanimous consent, with Senator PASSAILAIGUE retaining the floor, to make a motion that when the Senate adjourns today, that it stand adjourned to reconvene to meet at 11:00 A.M. on Friday, April 24, 1992, for local and uncontested matters, and that when the Senate adjourns on Friday, that it stand adjourned to reconvene at 12:00 Noon on Monday, April 27, 1992, in statewide session.

Senator WILLIAMS, with unanimous consent, withdrew the motion.

Senator PASSAILAIGUE spoke on the Bill.

MOTION ADOPTED

Senator WILLIAMS asked unanimous consent, with Senator PASSAILAIGUE retaining the floor, to make a motion that when the Senate adjourns today, that it stand adjourned to reconvene to meet at 11:00 A.M. on Friday, April 24, 1992, for local and uncontested matters, and that when the Senate adjourns on Friday, that it stand adjourned to reconvene at 10:00 A.M. on Tuesday, April 28, 1992, in statewide session.

There was no objection.

On motion of Senator WILLIAMS, consideration was interrupted by adjournment with Senator PASSAILAIGUE retaining the floor. The Bill remained in the status of Adjourned Debate.

MOTION ADOPTED
On motion of Senator McGILL, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Billy Mace of Johnsonville, South Carolina.

Time Fixed

Senator WILLIAMS moved that when the Senate adjourns on Friday, April 24, 1992, it stand adjourned to meet next Tuesday, April 28, 1992, at 10:00 A.M., which motion was adopted.

ADJOURNMENT

At 12:50 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.

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