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, as we continue to thank God for our victory over the forces of Iraq, we also celebrate the Feast of Purim. Hear the words of the 46th Psalm (v.10):

"Be still, and know that I am God:

I will be exalted among the heathen,

I will be exalted in the earth.

The Lord of hosts is with us.

The God of Jacob is our refuge."
Let us pray.

Lord God, we remember with gratitude the life and labors of Queen Esther, the Jewish wife of the Persian King, who played such an important political role in the history of the Jewish people.

Lord God of Sabaoth, in our day... in our so-called secular sphere, we need... and must have... an overwhelming sense of Thy Presence... and Thy Purpose... and Thy Providence.

So, make of this Chamber a holy of holies! Make of our hearts shrines of Thy Spirit! Make of our offices and our homes sanctuaries of Thy love and concern.

Guide the Generals in their Desert Dialogues that the cease-fire may be permanent... and peace and stability become the fruits of a terrible war. In the Name of Esther's God.

Amen.

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

February 26, 1991
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.

Appointment, Member, At-Large, South Carolina State Ports Authority, with term to expire on February 13, 1998:

Mr. William L. Bethea, Jr., 14 Brams Point Road, Hilton Head Island, South Carolina 29926 VICE Don McElveen

Referred to the Committee on Finance.

Reappointments, Members, York County Magistrates, with terms to expire on April 30, 1995:

Ed Harvey, Bethel/Kings Mountain Township, 201 South Main Street, Clover, South Carolina 29710

Hugh Cromer, Broad River/Bullock Creek Township, Route 1, Hickory Grove, South Carolina 29717

C.A. Johnson, Catawba/Ebenezer Township, P.O. Box 11166, Rock Hill, South Carolina 29731

Brenda H. Ervin, Fort Mill Township, 114 Springs Street, Fort Mill, South Carolina 29715

Marvin C. Smith, York/Bethesda Township, P.O. Box 66, York, South Carolina 29745

Appointment, Member, Allendale County Master-in-Equity, with term to expire on December 31, 1996:

Walter H. Sanders, Jr., 117 Main Street, Allendale, South Carolina 29827 VICE Brenda P. Bennett

Appointment, Member, At-Large, Richland County Board of Voter Registration, with term to expire on March 15, 1992:

Ms. Elizabeth R. Cromer, 1619 Milford Road, Columbia, South Carolina 29206 VICE Janet G. Richardson

March 4, 1991
The Honorable Thomas L. Moore
Chairman, Senate Invitations Committee
402 Gressette Building
Columbia, S.C. 29202

Dear Senator Moore:

On behalf of the Independent Consumer Finance Association of South Carolina, we would like to invite the members of the South Carolina Senate and their spouses, invited guests, staff, clerks and attaches to a reception on April 2, 1991, between the hours of 6:00 P.M. and 8:00 P.M. at the Town House on Gervais Street in Columbia, South Carolina.

We look forward to being with you and the members of the Senate and appreciate your accepting our invitation.

Sincerely,
R. Murray Thigpen
Chairman

Referred to the Committee on Invitations.

The following was received:

Document No. 1338
Promulgated By Board of Registration For Professional Engineers And Land Surveyors
Article 4. Minimum Standards Manual for Practice of Land Surveying in South Carolina
Received By Lt. Governor December 14, 1990
Referred to Senate Committee on Labor, Commerce and Industry
120 day review expiration date May 7, 1991
Withdrawn and Resubmitted February 21, 1991
Withdrawn February 27, 1991

Senator HOLLAND introduced Dr. John B. Dubose of Camden, S.C., Doctor of the Day.

On motion of Senator WADDELL, Senator LEVENTIS was granted a leave of absence for today.

On motion of Senator O'DELL, Senator MULLINAX was granted a leave of absence for today.

Senator WADDELL requested and was granted a leave of absence for the remainder of the day.

Senator NELL W. SMITH requested and was granted a leave of absence for the remainder of the day.

Columbia, S.C., March 5, 1991

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 2, S. 151 by a vote of 2 to 0:
(R2) S. 151 -- Senator Land: AN ACT TO AMEND ACT 375 OF 1947, AS AMENDED, RELATING TO THE CLARENDON HOSPITAL DISTRICT, SO AS TO AUTHORIZE THE DISTRICT'S BOARD OF TRUSTEES TO CONVEY REAL ESTATE, WATER RIGHTS, AND PROPERTY RIGHTS IN ADDITION TO ITS OTHER POWERS.
Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., March 5, 1991

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R. 3, S. 463 by a vote of 1 to 2:
(R3) S. 463 -- Senator Waddell: A JOINT RESOLUTION TO APPROVE THE DISSOLUTION OF THE BEAUFORT COUNTY RECREATION DISTRICT IN BEAUFORT COUNTY, TO PROVIDE FOR THE TRANSFER AND CONVEYANCE OF THE FUNCTIONS AND ASSETS OF THE DISTRICT TO A DEPARTMENT OF BEAUFORT COUNTY GOVERNMENT, AND TO REPEAL ACT 1732 OF 1972, RELATING TO THE CREATION OF THE BEAUFORT COUNTY RECREATION DISTRICT.
Very respectfully,
Speaker of the House

Received as information.

S. 721 -- Senators Courson and Lourie: A CONCURRENT RESOLUTION TO AFFIRM THE STATE OF SOUTH CAROLINA'S CONTINUED COMMITMENT TO UTILIZE ALL APPROPRIATE MEANS TO ENSURE THAT ALL SOUTH CAROLINIANS HAVE ACCESS TO SAFE, DECENT, SANITARY, AND AFFORDABLE HOUSING.

Returned with concurrence.

Received as information.

H. 3534 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, RELATING TO PESTICIDE CONTROL, DESIGNATED AS REGULATION DOCUMENT NUMBER 1300, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Senator LAND, with unanimous consent, the Joint Resolution was recalled from the Committee on Agriculture and Natural Resources.

On motion of Senator LAND, the Resolution was ordered placed on the Calendar for consideration tomorrow.

The following were introduced:

S. 727 -- Senator Lourie: A SENATE RESOLUTION WELCOMING CAPTAIN JOHN P. PARK TO SOUTH CAROLINA AS THE NEW DIRECTOR OF THE SOUTH CAROLINA AERONAUTICS COMMISSION.

On immediate consideration, the Senate Resolution was adopted.

S. 728 -- Senator Moore: A SENATE RESOLUTION TO RECOGNIZE MR. NATHAN M. WOLFE WHO RECENTLY WAS HONORED UPON BEING NAMED THE NORTH AUGUSTA CITIZEN OF THE YEAR FOR 1990.

On immediate consideration, the Senate Resolution was adopted.

S. 729 -- Senators Nell W. Smith and Lourie: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. MARY HAMBY OF EASLEY UPON BEING CHOSEN AS MS. SENIOR SOUTH CAROLINA AND TO WISH HER WELL AS SHE COMPETES FOR THE NATIONAL TITLE IN APRIL IN ATLANTIC CITY.

Senators NELL W. SMITH and LOURIE spoke on the Resolution.

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

S. 730 -- Senator Land: A BILL TO AMEND SECTION 46-10-100 AND SECTION 46-10-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES AND FEES FOR BOLL WEEVIL CONTROL, SO AS TO REVISE PROVISIONS FOR ASSESSMENTS AND PENALTIES AGAINST COTTON GROWERS.

Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 731 -- Senator Shealy: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-1-325 SO AS TO PROVIDE THAT A PERSON DEMONSTRATING, PROTESTING, ASSEMBLING, OR OTHERWISE ACTING IN A MANNER THAT DENIES ANOTHER THE RIGHT TO ENTER, LEAVE, OR TRAVEL TO A PLACE THE OTHER IS LAWFULLY ENTITLED TO ENTER, LEAVE, OR TRAVEL TO IS BARRED FROM BRINGING OR MAINTAINING A CIVIL ACTION AGAINST ANY OTHER PERSON FOR DAMAGES WHICH MAY HAVE OCCURRED TO HIM AS A RESULT OF THIS ACTION WHETHER OR NOT HE IS CONVICTED OF A CRIMINAL OFFENSE IN REGARD TO THIS ACTION.

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

S. 732 -- Senator Moore: A BILL TO AMEND SECTION 13-9-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SAVANNAH VALLEY AUTHORITY AND ITS MEMBERSHIP, SO AS TO RESTRUCTURE AND INCREASE THE MEMBERSHIP OF THE GOVERNING BOARD OF THE AUTHORITY; TO AMEND SECTION 13-9-20, RELATING TO THE OFFICERS AND MEETINGS OF THE AUTHORITY'S GOVERNING BOARD, SO AS TO PROVIDE THAT SEVEN, RATHER THAN FOUR, MEMBERS CONSTITUTE A QUORUM FOR TRANSACTING BUSINESS; TO AMEND SECTION 13-9-35, RELATING TO THE AUTHORITY'S EXERCISE OF POWERS, SO AS TO DELETE PROVISIONS REQUIRING THE CONSENT OF A MAJORITY OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES REPRESENTING THE COUNTY AND A MAJORITY OF THE SENATORS REPRESENTING THE COUNTY FOR THE AUTHORITY TO EXERCISE THE POWERS AND DUTIES UNDER SECTION 13-9-30 IN THE ENTIRE AREA OF ANY COUNTY OR PORTION OF ANY COUNTY WHICH BORDERS THE SAVANNAH RIVER OR IS WITHIN THE RIVER BASIN, INCLUDING PROVISIONS FOR THE REMOVAL OF THIS CONSENT; TO PROVIDE FOR THE EXTENSION OF TERMS OF CURRENT BOARD MEMBERS; AND TO PROVIDE THAT CURRENT MEMBERS ARE ELIGIBLE FOR APPOINTMENT AS MEMBERS OF THE RECONSTITUTED BOARD.

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

S. 733 -- Senator Land: A BILL TO AMEND SECTION 57-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR GENERAL PROVISIONS ON HIGHWAYS, BRIDGES, AND FERRIES, SO AS TO INCLUDE RAIL TRANSPORTATION WITHIN THE DEFINITION OF PUBLIC TRANSPORTATION.

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

H. 3642 -- Aiken Delegation: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MRS. JEAN KNAPP SIMONS OF AIKEN COUNTY, WIFE OF UNITED STATES DISTRICT COURT JUDGE CHARLES SIMONS, JR., AND EXTENDING SYMPATHY TO HER FAMILY AND MANY FRIENDS.

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

Senator LAND, from the Committee on Corrections and Penology, submitted a favorable report on:

S. 506 -- Senators Land and Holland: A BILL TO AMEND SECTION 23-23-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATION OF LAW ENFORCEMENT OFFICERS, SO AS TO ALLOW CANDIDATES FOR CERTIFICATION AS CLASS II-SCO UNDER THE DEPARTMENT OF CORRECTIONS MAY HOLD A VALID CURRENT DRIVER'S LICENSE FROM ANY JURISDICTION.

Ordered for consideration tomorrow.

Senator HOLLAND, from the Committee on Corrections and Penology, submitted a favorable with amendment report on:

H. 3178 -- Reps. Chamblee and Cooper: A BILL TO AMEND SECTION 24-3-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE SALE OF PRODUCTS MANUFACTURED OR PRODUCED BY INMATES AND EXCEPTIONS, SO AS TO PROVIDE FOR ADDITIONAL EXCEPTIONS.

Ordered for consideration tomorrow.

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

The following Joint Resolutions were read the third time and having received three readings in both Houses, it was ordered that the titles thereof be changed to that of Acts and same enrolled for Ratification:

H. 3442 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, RELATING TO INTERMEDIATE SANCTIONS FOR MEDICAID CERTIFIED NURSING HOMES FACILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1346, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3486 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO DEVELOPMENT OF SUBDIVISION WATER SUPPLY AND SEWAGE TREATMENT/DISPOSAL SYSTEMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1326, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 359 -- Senators Passailaigue, Rose and Martschink: A BILL TO AMEND CHAPTER 25, TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST THE ELECTION LAWS, BY ADDING SECTION 7-25-200, SO AS TO PROHIBIT A CANDIDATE IN ANY ELECTION FROM ACCEPTING MONEY TO FILE FOR OR WITHDRAW FROM CANDIDACY; AND TO PROVIDE CIVIL REMEDIES AND CRIMINAL PENALTIES; AND TO PROVIDE EXCEPTIONS.

H. 3421 -- Labor, Commerce and Industry Committee: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 60 SO AS TO ENACT THE SOUTH CAROLINA REAL ESTATE APPRAISER REGISTRATION, LICENSE, AND CERTIFICATION ACT; TO AMEND SECTIONS 40-57-10, 40-57-20, 40-57-40, 40-57-90, AS AMENDED, 40-57-100, 40-57-110, 40-57-160, 40-57-170, AND 40-57-240, RELATING TO REAL ESTATE BROKERS, COUNSELLORS, SALESMEN, APPRAISERS, AUCTIONEERS, AND PROPERTY MANAGERS, SO AS TO DELETE CERTAIN REFERENCES AND PROVISIONS RELATING TO REAL ESTATE APPRAISERS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 40-57-115 SO AS TO PROVIDE THAT THE REAL ESTATE COMMISSION SHALL PROMULGATE REGULATIONS ESTABLISHING STANDARDS PERTAINING TO EDUCATION COURSES CONDUCTED PURSUANT TO CHAPTER 57 OF TITLE 40 AND THE SCHOOLS OR INSTITUTIONS CONDUCTING THESE COURSES.

On motion of Senator LONG, with unanimous consent, the Bill was taken up for immediate consideration. The question being the adoption of the amendments proposed by the Committee on Labor, Commerce and Industry.

Senator STILWELL proposed the following amendment (RES3421.01), which was adopted:

Amend the committee report, as and if amended, page ii, by striking lines 1 through 4 and inserting in lieu thereof the following:

/of real estate except that the market analysis or opinion must not be referred to as/.

Renumber sections to conform.

Amend title to conform.

Senator NELL W. SMITH proposed the following amendment (LCI3421.6), which was adopted:

Amend the committee report, as and if amended, page ii, line 13, by adding after the word /timber/ the words /or timberland/;

Further amend the committee report, as and if amended, page ii, line 15, by striking the words /the timber/ and inserting the words /the timber such timber or timberland/.

Amend title to conform.

Senator J. VERNE SMITH explained the amendment.

The amendments proposed by the Committee on Labor, Commerce and Industry (LCI3421.1 through .4) were adopted as follows:

Amend the bill, as and if amended, page 3, following line 12, Section 40-60-20, by adding an appropriately numbered section to read:
( ) `Market analysis' means a study of real estate market conditions for a specific type of property.

Amend sections to conform.

Amend title to conform.

Amend the bill, as and if amended, page 4, by striking Section 40-60-40 in its entirety and inserting the following:

/Section 40-60-40. The provisions of this chapter do not apply to:

(1) A real estate licensee licensed in accordance with Chapter 57 of this title who, in the ordinary course of his business, performs a market analysis or gives an opinion as to the price of real estate for the purpose of a prospective listing, lease, or sale, except that the market analysis or opinion as to the listing price, lease price, or the sale price must not be referred to as an appraisal. Provided, however, that prior to performing any market analysis, the real estate licensee must disclose in writing that the market analysis may not be used for the purposes of obtaining financing in a federally-related transaction. (2) A registered forester registered pursuant to the provisions of Chapter 27 of Title 48 who appraises or evaluates standing or growing timber located in this State and issues an appraisal or evaluation on the timber, provided, however, that when such appraisal or evaluation is to be used in a federally-related transaction such registered forester must be licensed or certified under the provisions of this chapter if required by federal law or the guidelines established by the Appraisal Subcommittee.

Amend sections to conform.

Amend title to conform.

Amend the bill, as and if amended, page 8, in Section 40-60-50, by striking lines 1 through 4 in their entirety.

Amend title to conform.

Amend the bill, as and if amended, page 39, line 9, by inserting after the word /appropriated/ the following:

/and may carry forward any excess appropriation from its fiscal year 1990-91 budget to its fiscal year 1991-92 budget in an amount not to exceed $45,000/ .

Amend title to conform.

Senator NELL W. SMITH proposed the following amendment (LCI3421.5), which was adopted:

Amend the bill, as and if amended, page 4, following line 4, Section 40-60-20, by adding an appropriately numbered section to read:

( ) `Timberland' means forest land that is producing, or is capable of producing, timber as a crop.

Amend sections to conform.

Amend title to conform.

Senator J. VERNE SMITH 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.

S. 189 -- Senator Giese: A BILL TO AMEND SECTION 23-35-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE, STORAGE, TRANSPORTATION, OR USE OF IMPERMISSIBLE FIREWORKS AND THE ENUMERATION OF PERMISSIBLE FIREWORKS, SO AS TO ELIMINATE BOTTLE TYPE ROCKETS FROM THE LIST OF THE PERMISSIBLE FIREWORKS IN SOUTH CAROLINA, AND TO ALLOW BOTTLE TYPE ROCKETS WHOSE TOTAL PYROTECHNIC COMPOSITION DOES NOT EXCEED TWENTY GRAMS EACH IN WEIGHT TO BE STORED WITHIN THIS STATE FOR SALE OUTSIDE THE STATE UNTIL DECEMBER 31, 1992.

On motion of Senator LONG, with unanimous consent, the Bill was taken up for immediate consideration.

The question being the third reading of the Bill.

Senator GIESE proposed the following amendment (BBM\9216.JM), which was adopted:

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

/SECTION 1. Section 23-35-10(2) of the 1976 Code is amended to read:

"(2) Bottle type rockets whose motor is a minimum one-half of an inch in diameter and a minimum three inches in length, whose stabilizing stick is a minimum fifteen inches in length, and whose total pyrotechnic composition shall does not exceed twenty grams each in weight; however, bottle type rockets whose total pyrotechnic composition does not exceed twenty grams each in weight may only be stored within this State for sale outside the State;".

SECTION 2. This act takes effect January 2, 1992./

Amend title to conform.

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

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

H. 3596 -- Reps. Townsend, Shirley, Cooper, P. Harris, Tucker, Chamblee, T.C. Alexander and Ross: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 51-13-545 SO AS TO ESTABLISH THE CENTURY FARMS PROGRAM ADMINISTERED BY THE PENDLETON DISTRICT HISTORICAL AND RECREATIONAL COMMISSION.

S. 541 -- Senators Lourie, Giese, Passailaigue, Bryan, Hayes and Long: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 62-5-504 SO AS TO PROVIDE FOR HEALTH CARE POWERS OF ATTORNEY, TO DEFINE TERMS USED IN THE SECTION, TO EXPLAIN THE RELATIONSHIP BETWEEN A HEALTH CARE POWER OF ATTORNEY AND A DURABLE POWER OF ATTORNEY, TO PROVIDE THAT THE ADULT HEALTH CONSENT ACT APPLIES TO DECISIONS MADE PURSUANT TO A HEALTH CARE POWER OF ATTORNEY, TO PROVIDE STANDARDS FOR DETERMINING MENTAL INCOMPETENCE, TO PROVIDE EXECUTION REQUIREMENTS, INCLUDING WITNESS QUALIFICATIONS, AND A FORM FOR A HEALTH CARE POWER OF ATTORNEY, TO PROVIDE SPECIFIC POWERS FOR A HEALTH CARE AGENT IN ADDITION TO THOSE PROVIDED IN THE HEALTH CARE POWER OF ATTORNEY, TO PROVIDE THAT A HEALTH CARE AGENT IS NOT LIABLE FOR HEALTH CARE COSTS INCURRED ON BEHALF OF A PRINCIPAL AND IS ENTITLED TO REIMBURSEMENT BUT NOT COMPENSATION FOR SERVICES PERFORMED UNDER A HEALTH CARE POWER OF ATTORNEY, TO PROVIDE THAT LIFE-SUSTAINING PROCEDURES MAY NOT BE WITHHELD PURSUANT TO A DURABLE POWER OF ATTORNEY IF THE PRINCIPAL IS PREGNANT, TO PROVIDE THAT HEALTH CARE PROVIDERS MUST FOLLOW DIRECTIVES OF A HEALTH CARE AGENT UNDER A POWER OF ATTORNEY AND THAT THE AGENT MUST GIVE DIRECTIVES IN ACCORDANCE WITH THE PRINCIPAL'S DIRECTIVES IN THE POWER OF ATTORNEY, TO PROVIDE A GOOD FAITH DEFENSE TO THOSE WHO MAKE AND THOSE WHO RELY ON DECISIONS MADE PURSUANT TO A HEALTH CARE POWER OF ATTORNEY, TO PROVIDE THAT A PRINCIPAL MAY APPOINT SUCCESSOR AGENTS AND THAT IF NO AGENT IS AVAILABLE, DECISIONS MUST BE MADE BY A SURROGATE UNDER THE ADULT HEALTH CARE CONSENT ACT, IN ACCORDANCE WITH THE DIRECTIONS IN THE POWER OF ATTORNEY, TO PROVIDE REVOCATION PROCEDURES, TO PROVIDE THAT EXECUTION AND EFFECTUATION OF A HEALTH CARE POWER OF ATTORNEY DOES NOT CONSTITUTE SUICIDE, TO PROVIDE THAT A HEALTH CARE POWER OF ATTORNEY MUST NOT BE REQUIRED AS A CONDITION FOR INSURANCE, MEDICAL TREATMENT, OR ADMISSION TO A HEALTH CARE FACILITY, TO PROVIDE THAT THIS SECTION DOES NOT AUTHORIZE MERCY KILLING, TO PROVIDE THAT THE ABSENCE OF A HEALTH CARE POWER OF ATTORNEY DOES NOT GIVE RISE TO ANY PRESUMPTION REGARDING LIFE-SUSTAINING PROCEDURES, AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 44-43-330, RELATING TO ANATOMICAL GIFTS, SO AS TO REORDER THE PRIORITY OF INDIVIDUALS WHO MAY CONSENT TO AN ANATOMICAL GIFT FOR A DECEDENT BY ADDING AN AGENT UNDER A HEALTH CARE POWER OF ATTORNEY; TO AMEND SECTION 44-66-20, RELATING TO DEFINITIONS IN THE ADULT HEALTH CARE CONSENT ACT, SO AS TO REVISE THE DEFINITION OF HEALTH CARE; TO AMEND SECTION 44-66-30, RELATING TO PERSONS AUTHORIZED TO MAKE HEALTH CARE DECISIONS, SO AS TO REQUIRE THAT THOSE DECISIONS MUST BE BASED ON THE PATIENT'S WISHES, IF KNOWN, AND TO ALLOW THE AUTHORIZED PERSON TO EITHER CONSENT OR WITHHOLD HEALTH CARE; AND TO AMEND SECTION 62-5-501, RELATING TO THE EXECUTION OF A POWER OF ATTORNEY NOT AFFECTED BY PHYSICAL DISABILITY, OR MENTAL INCOMPETENCE, SO AS TO PROVIDE HOW PHYSICAL DISABILITY OR MENTAL INCOMPETENCE MAY BE DETERMINED.

S. 666 -- Senators Nell W. Smith and Holland: A BILL TO AMEND SECTION 20-7-1775, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN ACCOUNTING OF DISBURSEMENTS MADE BY OR ON BEHALF OF A PETITIONER IN CONNECTION WITH AN ADOPTION, SO AS TO INCLUDE RECEIPTS FOR REASONABLE LIVING EXPENSES ASSESSED AS COSTS.

Senator NELL W. SMITH explained the Bill.

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

H. 3482 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, RELATING TO CHEMIGATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1285, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3483 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, RELATING TO BEE REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1286, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator LAND explained the Joint Resolution.

H. 3484 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, RELATING TO BOLL WEEVIL REGULATIONS AND QUARANTINE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1287, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator LAND explained the Joint Resolution.

H. 3509 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE INSURANCE DEPARTMENT, RELATING TO LIFE REINSURANCE AGREEMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1354, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3510 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE INSURANCE DEPARTMENT, RELATING TO VALUATION OF INVESTMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1355, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 123 -- Senators McConnell and Giese: A BILL TO AMEND SECTION 47-1-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ABANDONMENT OF AN ANIMAL IN A PUBLIC PLACE, SO AS TO REVISE THE TERMS OF THE OFFENSE, DEFINE "ABANDONMENT" AND "NECESSITIES OF LIFE", AND INCREASE PENALTIES.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Agriculture and Natural Resources.

The amendment proposed by the Committee on Agriculture and Natural Resources (AGR123.1) was adopted as follows:

Amend the bill, as and if amended, page 2, by adding the following at the end of subsection (B) after the word /both./:
/Offenses under this section must be tried in the magistrate's court./

Amend the bill further, as and if amended, by striking SECTION 2 in its entirety and inserting therein the following:

/SECTION 2. Notwithstanding any other provision of law, whenever any animal is delivered to any veterinarian, dog kennel, cat kennel, animal hospital, or any other animal care facility and the owner of such animal does not pick up the animal within (1) fourteen calendar days after the day the animal was due to be picked up, if the animal was delivered pursuant to a written or oral agreement entered into after the effective date of this section, or (2) fourteen calendar days after the day the animal was delivered if not delivered pursuant to a written or oral agreement, the animal shall be deemed to be abandoned. The person into whose custody the animal was placed for care shall first try for a period of not less than ten days to find a new owner for the animal, and, if unable to place the animal with a new owner, shall thereafter humanely destroy the animal so abandoned or take it to a pound or animal regulation department of a public agency.
There shall be a notice posted in a conspicuous place and, if a written receipt is given, in conspicuous type, to warn persons depositing an animal at such animal care facilities of the provisions of this section.
An abandoned animal, as described in this section, shall not be used for scientific or any other type of experimentation.

SECTION 3. Section 47-1-50 of the 1976 Code is amended to read:
"Section 47-1-50. Every owner, possessor or person having the charge or custody of any animal who:
(1) Cruelly drives or works it when unfit for labor;
(2) Cruelly abandons it;
(3) (2) Carries it, or causes it to be carried, in or upon any vehicle or otherwise in an unnecessarily cruel or inhuman manner; or
(4) (3) Knowingly or wilfully authorizes or permits it to be subjected to unnecessary torture, suffering or cruelty of any kind;
shall, upon conviction for every such offense, be guilty of a misdemeanor and shall be punished for every such offense in the manner prescribed in Section 47-1-40."

SECTION 4. This act takes effect upon approval by the Governor./

Amend title to conform.

Senator LAND explained the amendment.

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

S. 328 -- Senators Waddell, Leatherman, Lourie and Hayes: A BILL TO AMEND SECTION 12-7-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO DELETE LANGUAGE MAKING THE FISCAL YEAR A CALENDAR YEAR UNLESS ANOTHER YEAR IS ESTABLISHED; TO AMEND SECTION 12-9-390, AS AMENDED, RELATING TO INCOME TAX WITHHOLDING, SO AS TO DELETE THE PENALTY PROVISION; TO AMEND THE 1976 CODE BY ADDING SECTION 12-19-165 SO AS TO PROVIDE FOR THE PRORATION OF THE CORPORATE LICENSE FEE FOR RETURNS FOR FEWER THAN TWELVE MONTHS; TO AMEND SECTION 12-54-40, RELATING TO TAX CRIMES AND PENALTIES, SO AS TO PLACE THE PENALTY FOR FAILURE TO WITHHOLD PROPERLY IN THE PROVISION OF THE 1976 CODE DEALING WITH PENALTIES; TO AMEND SECTION 12-54-140, RELATING TO THE REQUIREMENT THAT CORPORATE TAXPAYERS NOTIFY THE TAX COMMISSION OF CHANGES IN INCOME AS REPORTED TO THE INTERNAL REVENUE SERVICE, SO AS TO EXTEND THE REQUIREMENT TO ALL TAXPAYERS; TO AMEND SECTION 33-14-220, RELATING TO THE REQUIREMENTS FOR REINSTATEMENT OF CORPORATE CHARTERS, SO AS TO PROVIDE THAT THE TAX PENALTIES AND INTEREST MUST BE PAID BEFORE REINSTATEMENT; AND TO AMEND THE 1976 CODE BY ADDING SECTION 33-15-330 SO AS TO PROVIDE A PROCEDURE FOR THE REINSTATEMENT OF CERTIFICATES OF AUTHORITY FOR FOREIGN CORPORATIONS.

On motion of Senator J. VERNE SMITH with unanimous consent, the Bill was taken up for immediate consideration.

The question being the adoption of the amendment proposed by the Committee on Finance.

Senator J. VERNE SMITH proposed the following amendment (BBM\9224.HC), which was adopted:

Amend the Report of the Finance Committee, as and if amended, by striking Section 12-54-140 as contained in Section 5 and inserting:

/Section 12-54-140. Every corporation taxpayer shall notify the commission in writing of all changes in income as reported to the Internal Revenue Service when the income is changed by the Internal Revenue Service. Notification to the commission must be made within sixty days after a final determination is received from the Internal Revenue Service. Failure to notify the commission within the required time tolls the running of the statute of limitations on the assessment and collection of taxes for the taxable year. Notification of adjustments made by the Internal Revenue Service must be made under separate cover from any return filed or due to be filed with the commission. The commission shall, upon receipt of the notification, adjust the returns of the corporation taxpayer and give notice of assessment to the corporation taxpayer within ninety days from the date of receipt of notification. The limitations of time provided for in Section Sections 12-7-2220 and 12-54-80 relating to the assessment of additional tax and Section 12-47-440 relating to the application for refund do not apply to any underpayment or overpayment of South Carolina income tax resulting from changes in income made by the Internal Revenue Service. Failure to comply with the provisions of this section subjects the taxpayer to all taxes, penalties, and interest applicable under this chapter and Chapter 7 of this title. The commission shall include a statement in the income tax instructions to inform the taxpayer of the requirement to notify the commission of income changes made by the Internal Revenue Service and that failure to notify results in tolling the statute of limitations on the assessment and collection of taxes for the taxable year./

Amend title to conform.

Senator J. VERNE SMITH spoke on the amendment.

The amendment proposed by the Committee on Finance (JIC\5333.H.C.) was adopted as follows:

Amend the bill, as and if amended, in Section 12-54-40(b), as contained in SECTION 4, page 3, by striking line 34 and inserting:
/item also applies to failure to comply with the/.

Amend further by striking Section 12-54-140, as contained in SECTION 5, beginning on page 3, and inserting:

/Section 12-54-140. Every corporation taxpayer shall notify the commission in writing of all changes in income as reported to the Internal Revenue Service when the income is changed by the Internal Revenue Service. Notification to the commission must be made within sixty days after a final determination is received from the Internal Revenue Service. Notification of adjustments made by the Internal Revenue Service must be made under separate cover from any return filed or due to be filed with the commission. The commission shall, upon receipt of the notification, adjust the returns of the corporation taxpayer and give notice of assessment to the corporation taxpayer within ninety days from the date of receipt of notification. The limitations of time provided for in Section Sections 12-7-2220 and 12-54-80 relating to the assessment of additional tax and Section 12-47-440 relating to the application for refund do not apply to any underpayment or overpayment of South Carolina income tax resulting from changes in income made by the Internal Revenue Service. Failure to comply with the provisions of this section subjects the taxpayer to all taxes, penalties, and interest applicable under this chapter and Chapter 7 of this title./

Amend title to conform.

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

S. 441 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-63-75 SO AS TO REQUIRE THAT THE SOCIAL SECURITY NUMBERS OF A CHILD'S PARENTS ARE INCLUDED ON THE CHILD'S BIRTH CERTIFICATE.

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

The Medical Affairs Committee proposed the following amendment (BR1\1214.AC), which was adopted:

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

/SECTION 1. The 1976 Code is amended by adding:

"Section 44-63-75. All forms for birth certificates must include the social security numbers of the child's mother and father, if known. Information contained on the birth certificate form is not determinate of paternity."

SECTION 2. This act takes effect January 1, 1992./

Amend title to conform.

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

H. 3485 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO THE REPEAL OF 61-31, CAGED LAYER POULTRY HOUSES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1309, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Senator LAND, the Joint Resolution was referred to the Committee on Agriculture and Natural Resources.

S. 716 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 41-15-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATING RULES, REGULATIONS, OR ORDERS OF THE COMMISSIONER OF LABOR UNDER THE OCCUPATIONAL HEALTH AND SAFETY LAWS, SO AS TO PROVIDE THAT ANY EMPLOYER WHO WILFULLY OR REPEATEDLY VIOLATES ANY OCCUPATIONAL SAFETY OR HEALTH RULE OR REGULATION PROMULGATED UNDER THESE LAWS MAY BE ASSESSED A CIVIL PENALTY OF NOT MORE THAN SEVENTY THOUSAND, RATHER THAN TEN THOUSAND, DOLLARS FOR EACH VIOLATION, AND TO CHANGE THE MAXIMUM CIVIL PENALTY WHICH MAY BE ASSESSED FOR VIOLATING CERTAIN OTHER RELATED RULES, REGULATIONS, OR ORDERS FROM ONE THOUSAND DOLLARS TO SEVEN THOUSAND DOLLARS.

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

Senator J. VERNE SMITH explained the Bill.

Senator LONG objected to further consideration of the Bill.

S. 659 -- Senators Drummond, Bryan and Thomas: A CONCURRENT RESOLUTION TO COMMEND THE VOLUNTEERS OF THE SOUTH CAROLINA DEFENSE FORCE, ON THE FIFTIETH ANNIVERSARY OF ITS ESTABLISHMENT, FOR THEIR DEDICATED SERVICE TO THIS STATE, TO EXPRESS THAT THE GRATITUDE OF SOUTH CAROLINA FOR THIS SERVICE IS DEEP AND LASTING AND TO RECOGNIZE THIS ANNIVERSARY BY ATTENDING THE CEREMONY ON THURSDAY, MARCH 21, 1991, AT 11:00 A.M. ON THE SOUTH STEPS OF THE STATE HOUSE.

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

Senator LAND moved that the Senate stand adjourned.

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

Helmly Holland Long
Lourie Macaulay Patterson
Pope Russell Shealy
Stilwell Thomas

Bryan Drummond Fielding
Giese Hinds Hinson
Martin Martschink Matthews
McConnell McGill Mitchell
Moore O'Dell Passailaigue
Peeler Rose Setzler
Smith, J.V. Washington Williams

The Senate refused to adjourn.

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

S. 409 -- Senators Waddell and Giese: A BILL TO AMEND SECTION 12-36-2120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT SUPPLIES, TECHNICAL EQUIPMENT, MACHINERY, AND ELECTRICITY SOLD TO MOTION PICTURE COMPANIES AND TO PROVIDE DEFINITIONS.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment (NO5/7252.BD) previously proposed by Senator LAND and printed in the Journal of February 26, 1991.

On motion of Senator SETZLER, debate was adjourned on the Bill.

THE SENATE PROCEEDED TO THE MOTION PERIOD.

At 1:05 P.M., on motion of Senator SETZLER, the Senate adjourned to meet tomorrow at 11:00 A.M.

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