Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, the hour to which it stood adjourned and was called to order by the PRESIDENT.

A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, hear the words of promise recorded by the Prophet Isaiah (25:7):

"On this mountain he will destroy the shroud that enfolds

all peoples, the sheet that covers all nations; He will

swallow up death forever."
Let us pray.

O Thou, the God of Isaiah, and our God, as the Easter hymns continue to ring in our ears, help us never to forget the pain and suffering of Good Friday... which was necessary... and which made possible the quality of the joy of the Resurrection morning.

May we never forget the length and the breadth of the love of God that is revealed in the promise of the Jewish Passover and fulfilled in the Cross of Christ and the Open Tomb... in the fullness of time.

Help us... by our lives... to bear witness to our faith, as we hear anew the words of the angel, "Come and see... Go and tell".

Amen.

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

March 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.

Reappointment, Member, Mining Council, Non-Governmental Conservationist, with term to expire June 30, 1996:

Mr. Joseph Charles Northcutt, Post Office Box 794, Mt. Pleasant, S.C. 29465

Referred to Agriculture and Natural Resources.

Reappointment, Member, South Carolina Arts Commission, with term to expire June 30, 1994:

Mrs. Jean S. Jones, 1640 Mt. Lebanon Road, Campobello, S.C. 29322

Referred to the General Committee.

Reappointment, Member, State Board of Barber Examiners, At-Large, with term to expire June 30, 1995:

Mr. Edwin C. Barnes, 391 Park Road, Lexington, S.C. 29072

Referred to the General Committee.

Reappointment, Member, South Carolina Public Service Authority, At-Large, Co-op Experience, with term to expire May 19, 1997:

Mr. Robert D. Bennett, 3532 Wolf Circle, Columbia, S.C. 29204

Referred to the Committee on Finance.

Reappointment, Member, Hearing Aid Dealers and Fitters Commission, Public Member, with term to expire September 30, 1995:

Mr. Jim E. Loughlin, 1804 Robin Crest Drive, West Columbia, S.C. 29169

Referred to the Committee on Medical Affairs.

Reappointment, Member, State Human Affairs Commission, At-Large, with term to expire June 30, 1994:

Mrs. Emily P. Tompkins, 4989 Quail Lane, Columbia, S.C. 29206

Referred to the Committee on Judiciary.

Appointment, Member, State Development Board, with term to expire May 21, 1996:

10th Judicial Circuit:

Mr. E. Blair Rice, Jr., Blair Mills, Post Office Box 97, Belton, S.C. 29627 Vice T.R. Evatt

Referred to the Committee on Labor, Commerce and Industry.

The following was received:

Document No. 1224
Promulgated By Department of Highways and Public Transportation
Approval, Installation and Inspection Procedures of Sunscreening
Received By Lt. Governor February 7, 1991
Referred to Senate Committee on Transportation
Withdrawn and Resubmitted March 28, 1991
120 day review expiration date April 17, 1991

Senator HAYES introduced Dr. Terry Dodge of Rock Hill, Doctor of the Day.

S. 422 -- Senator Land: A BILL TO AMEND SECTION 40-7-115, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT FOR A BARBER TO TRAIN A STUDENT, SO AS TO AUTHORIZE A BARBER TO TRAIN MORE THAN ONE STUDENT IN HIS SHOP AT A TIME UNDER CERTAIN CONDITIONS.

The House returned the Bill with amendments.

Senator LAND proposed the following amendment (AGR422.1), which was adopted:

Amend the bill, as and if amended, page 1, line 41, in Section 40-7-115, as contained in SECTION 1, by striking /in his shop/ .

Amend the bill further, as and if amended, page 1, beginning on line 43, in Section 40-7-115, as contained in SECTION 1, by striking /A sign which reads "Trainee" must be placed at any chair being used by a student./

Amend title to conform.

Senator LAND explained the amendment.

There being no further amendments, the Bill was ordered, returned to the House of Representatives with amendments.

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

Senator GIESE requested and was granted a leave of absence for Wednesday, April 3, 1991, and Thursday, April 4, 1991.

On motion of Senator HAYES, Senator POPE was granted a leave of absence for today.

Senator GIESE rose to a Point of Privilege.

S. 824 -- Senators Land and Leventis: A CONCURRENT RESOLUTION COMMENDING MS. JO ANNE MORRIS OF SUMTER COUNTY FOR HER LEADERSHIP AND CONSIDERATION OF OTHERS IN ORGANIZING VOLUNTEERS TO MEET THE NEEDS OF AIR FORCE FAMILIES DURING OPERATIONS DESERT SHIELD AND DESERT STORM.

Returned with concurrence.

Received as information.

The following were introduced:

S. 832 -- Senator Bryan: A BILL TO AMEND ACT 571 OF 1990, RELATING TO JUVENILE DETENTION SO AS TO CHANGE THE EFFECTIVE DATE FOR CERTAIN SECTIONS FROM JANUARY 1, 1992, TO JANUARY 1, 1993.

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

S. 833 -- Senators Pope, Land and Giese: A BILL TO AMEND SECTION 12-31-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN CONTINUING EDUCATION REQUIREMENTS FOR COUNTY AUDITORS, AND TO AMEND SECTION 12-45-15, RELATING TO CERTAIN CONTINUING EDUCATION REQUIREMENTS FOR COUNTY TREASURERS, SO AS TO REVISE THESE REQUIREMENTS AND THE PENALTIES FOR FAILURE TO SATISFACTORILY COMPLETE THEM, AND TO REDESIGNATE SECTION 12-31-15 AS SECTION 12-39-15 OF THE 1976 CODE.

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

S. 834 -- Senator Drummond: A BILL TO AMEND SECTION 50-21-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE LAW ON THE EQUIPMENT AND OPERATION OF WATERCRAFT, SO AS TO PROVIDE DEFINITIONS FOR THE TERMS "MARINE MANUFACTURER", "MARINE DEALER", "CERTIFICATE OF NUMBER", AND "TEMPORARY CERTIFICATE OF NUMBER"; TO AMEND SECTION 50-21-40, RELATING TO THE ADMINISTRATION OF CHAPTER 21 OF TITLE 50 (EQUIPMENT AND OPERATION OF WATERCRAFT), SO AS TO DELETE REFERENCE TO THE DIVISION OF BOATING OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT; TO AMEND SECTION 50-21-150, RELATING TO PENALTIES FOR CERTAIN VIOLATIONS OF THE LAW ON THE EQUIPMENT AND OPERATION OF WATERCRAFT, PROVIDE FOR A MINIMUM FINE IN CASES WHERE A PENALTY IS NOT SPECIFIED AND TO INCREASE THE MAXIMUM FINE; TO AMEND SECTION 50-21-320, RELATING TO THE PROVISION THAT CERTAIN MARINE VESSELS NEED NOT BE NUMBERED, SO AS TO PROVIDE THAT ONE OF THE CONDITIONS UNDER WHICH A VESSEL NEED NOT BE NUMBERED OCCURS DURING THE USE OF A WATERCRAFT UNDER AUTHORITY OF A VALID TEMPORARY CERTIFICATE OF NUMBER ISSUED BY THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES OR ITS AUTHORIZED AGENT; TO AMEND THE 1976 CODE BY ADDING SECTION 50-21-345 SO AS TO AUTHORIZE THE DEPARTMENT TO ISSUE TEMPORARY CERTIFICATES OF NUMBER TO PERMIT THE USE OF WATERCRAFT WHILE APPLICATIONS FOR NUMBERS ARE BEING PROCESSED; TO AMEND SECTION 50-21-370, RELATING TO TERM AND RENEWAL OF CERTIFICATES UNDER THE LAW ON EQUIPMENT AND OPERATION OF WATERCRAFT, SO AS TO ALLOW THE DEPARTMENT TO ISSUE A CERTIFICATE OF NUMBER FOR DEMONSTRATION AND TESTING PURPOSES TO A PERMITTED MARINE DEALER OR MARINE MANUFACTURER; TO AMEND SECTION 50-21-380, RELATING TO TRANSFER OF REGISTRATION UPON CHANGE OF OWNERSHIP OF A MOTORBOAT, SO AS TO SUBSTITUTE "WATERCRAFT" FOR "MOTORBOAT" AND ALLOW THE PURCHASER TO OPERATE THE WATERCRAFT FOR UP TO SIXTY DAYS, RATHER THAN THIRTY DAYS, ON A TEMPORARY BASIS; TO AMEND SECTION 50-21-390, RELATING TO THE TRANSFER, DESTRUCTION, ABANDONMENT, OR DOCUMENTATION OF A MARINE VESSEL, NOTICE, AND TERMINATION OF CERTIFICATE, SO AS TO DELETE CERTAIN PROVISIONS AND REQUIRE THE OWNER TO NOTIFY THE DEPARTMENT IN WRITING WITHIN TEN DAYS IF ANY REGISTERED WATERCRAFT IS ABANDONED, JUNKED, OR DESTROYED OR IS USED IN THE MANUFACTURE OR REMANUFACTURE OF ANOTHER WATERCRAFT; TO AMEND SECTION 50-23-10, AS AMENDED, RELATING TO DEFINITIONS UNDER THE LAW ON THE TITLING OF WATERCRAFT AND OUTBOARD MOTORS, SO AS TO FURTHER PROVIDE FOR THE DEFINITION OF "DEALER'S PERMIT", INCLUDING THE ADDITION OF PROVISIONS REGARDING A DEALER WHO FAILS TO MEET MINIMUM REQUIREMENTS EACH YEAR; TO AMEND SECTION 50-23-60, AS AMENDED, RELATING TO APPLICATION FOR CERTIFICATE OF TITLE FOR A WATERCRAFT OR OUTBOARD MOTOR, SO AS TO DELETE REFERENCE TO "DIVISION" AND REPLACE IT WITH "DEPARTMENT", REQUIRE THAT THE APPLICATION BE MADE WITHIN TWENTY DAYS OF THE DATE OF PURCHASE, MAKE REFERENCE TO MARINE DEALERS, REQUIRE THE DEALER TO MAIL OR DELIVER THE APPLICATION TO THE DEPARTMENT WITHIN THIRTY, RATHER THAN TWENTY, DAYS OF THE SALE, PROVIDE THAT A DEALER, UPON TRANSFERRING A WATERCRAFT OR OUTBOARD MOTOR TO ANOTHER PERSON, OTHER THAN BY CREATION OF A SECURITY INTEREST, WITHIN THIRTY, RATHER THAN TWENTY, DAYS OF SALE SHALL EXECUTE THE ASSIGNMENT AND WARRANTY OF TITLE BY A DEALER, AND PROVIDE THAT DEALERS ARE NOT REQUIRED TO OBTAIN TITLES FOR NEW VESSELS AND OUTBOARD MOTORS HELD IN THEIR INVENTORY FOR SALE UNTIL THEY ARE SOLD OR EXCHANGED, SO LONG AS A PROPER MANUFACTURER'S OR IMPORTER'S CERTIFICATE IS HELD BY THE DEALER; TO AMEND SECTION 50-23-170, AS AMENDED, RELATING TO SERIAL NUMBERS FOR WATERCRAFT AND OUTBOARD MOTORS, SO AS TO PROHIBIT BEING IN POSSESSION OF A PARTICULAR WATERCRAFT OR OUTBOARD MOTOR UNDER CERTAIN CONDITIONS; TO AMEND SECTION 50-23-190, AS AMENDED, RELATING TO OPERATION OR TRANSFER OF WATERCRAFT OR MOTOR WITHOUT A CERTIFICATE, CERTAIN UNLAWFUL ACTS REGARDING WATERCRAFT AND MOTORS, AND FAILURE TO DELIVER OR SURRENDER A CERTIFICATE, SO AS TO PROHIBIT BEING IN POSSESSION OF CERTAIN WATERCRAFT OR OUTBOARD MOTORS UNDER CERTAIN CONDITIONS; TO AMEND SECTION 50-23-205, AS AMENDED, RELATING TO SEIZURE OF CERTAIN WATERCRAFT, NOTICE OF SEIZURE, AND DISPOSAL OF WATERCRAFT, SO AS TO ADD PROVISIONS REGARDING WHAT THE DEPARTMENT SHALL DO WHEN THE DEPARTMENT DETERMINES THE OWNER OF ANY SEIZED WATERCRAFT OR OUTBOARD MOTOR, INCLUDING PROVISIONS FOR FORFEITURE; AND TO AMEND SECTION 50-23-280, AS AMENDED, RELATING TO PENALTIES UNDER THE LAW ON TITLING OF WATERCRAFT AND OUTBOARD MOTORS, SO AS TO PROVIDE SPECIAL PENALTIES FOR ANY DEALER WHO VIOLATES THE PROVISIONS OF CHAPTER 23 OF TITLE 50, AND PROVIDE THAT ANY PERSON WHO UTTERS A FRAUDULENT CHECK TO THE DEPARTMENT FOR FEES, OR IS CONVICTED OF VIOLATING ANY PROVISION OF CHAPTER 23 OF TITLE 50, MAY BE DENIED FUTURE DEALER PERMITS BY THE DEPARTMENT.

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

S. 835 -- Senators Martschink and Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-165 SO AS TO PROVIDE FOR THE TAKING OR POSSESSING OF HORSESHOE CRABS AND PENALTIES.

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

S. 836 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-17-545 SO AS TO PROVIDE THAT THE CLERKS OF COURT SHALL MAINTAIN A BOOK RECORDING SENTENCES IMPOSED UPON CONVICTION IN EACH CRIMINAL CASE LISTED BY THE JUDGE PRESIDING.

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

S. 837 -- Senator Hayes: A BILL TO AMEND CHAPTER 18, TITLE 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AMUSEMENT RIDES SAFETY CODE, SO AS TO ADD WATER PARKS, AERIAL TRAMWAYS, AND OTHER PARKS TO THE AMUSEMENT PARKS COVERED BY THE CODE, TO CHANGE THE DEVICES AND EQUIPMENT EXEMPT FROM THE CODE, TO REVISE DEFINITIONS AND ADD DEFINITIONS ON "WATER PARK" AND "TRAMWAY"; TO PROVIDE THAT ALL PERMITS ISSUED EXPIRE ON DECEMBER THIRTY-FIRST OF THE YEAR ISSUED, TO PROVIDE ADDITIONAL GROUNDS FOR REVOCATION OF A PERMIT, TO PROVIDE ADDITIONAL GROUNDS FOR CIVIL PENALTIES, AND TO MAKE GRAMMATICAL CHANGES.

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

S. 838 -- Senator Land: A CONCURRENT RESOLUTION AUTHORIZING THE COMPTROLLER GENERAL TO EXCUSE COUNTY AUDITORS AND TREASURERS FROM CONTINUING EDUCATION REQUIREMENTS FOR REASONS OF RETIREMENT, LEAVING OFFICE, OR OTHER REASONABLE CAUSE.

Senator LAND spoke on the Concurrent Resolution.

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

H. 3008 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-9-12 SO AS TO AUTHORIZE THE EXECUTIVE DIRECTOR OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT TO DESIGNATE NOT MORE THAN TWO DAYS IN EACH CALENDAR YEAR AS FREE FISHING DAYS AND TO PROVIDE THAT RESIDENTS OF THIS STATE, WITHOUT OBTAINING A FISHING LICENSE, MAY EXERCISE THE PRIVILEGES OF A HOLDER OF A FISHING LICENSE, SUBJECT TO LIMITATIONS AND RESTRICTIONS, AND TO PROVIDE THAT THIS PROVISION DOES NOT AFFECT COMMERCIAL FISHING LICENSES.

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

H. 3046 -- Reps. P. Harris, Whipper, Waites and Waldrop: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA STATE HOUSING, FINANCE, AND DEVELOPMENT AUTHORITY IN COOPERATION WITH THE SOUTH CAROLINA COMMISSION ON AGING TO STUDY THE HOUSING NEEDS OF LOW AND MODERATE INCOME ELDERLY WITH SPECIAL ATTENTION TO REVERSE MORTGAGE PROGRAMS AND REPORT TO THE JOINT LEGISLATIVE COMMITTEE ON AGING.

Read the first time and referred to the Committee on Banking and Insurance.

H. 3070 -- Reps. Littlejohn, Rama and Whipper: A BILL TO AMEND SECTION 29-7-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR FAILURE TO PAY A LABORER, SUBCONTRACTOR, OR MATERIALMAN, SO AS TO INCREASE THE PENALTY.

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

H. 3185 -- Rep. Kirsh: A BILL TO AMEND SECTION 34-9-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT A BANK OR BANKING INSTITUTION MUST ESTABLISH A SURPLUS ACCOUNT AND THE AMOUNT REQUIRED TO BE KEPT IN IT AND IN A MINIMUM DEPOSIT RESERVE, SO AS TO DELETE THOSE REQUIREMENTS AND REQUIRE EVERY STATE BANK WHICH IS NOT A MEMBER OF THE FEDERAL RESERVE SYSTEM TO MAINTAIN THE SAME RESERVES AGAINST DEPOSITS AS IS REQUIRED FOR A STATE BANK WHICH IS A MEMBER OF THE FEDERAL RESERVE SYSTEM AND THE MANNER IN WHICH THEY MUST BE MAINTAINED.

Read the first time and referred to the Committee on Banking and Insurance.

H. 3553 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: A JOINT RESOLUTION TO AUTHORIZE THE OPERATION LOSSES OF THE REINSURANCE FACILITY FOR A TWELVE-MONTH PERIOD ATTRIBUTABLE TO HURRICANE HUGO TO BE RECOUPED IN THE SUBSEQUENT THIRTY-SIX MONTH PERIOD BY UTILIZING AN ON-LEVEL RECOUPMENT CHARGE COMPONENT BY APPLICABLE COVERAGE FOR ALL RISKS REGARDLESS OF THE SURCHARGE POINTS OF EACH RISK UNDER THE UNIFORM MERIT RATING PLAN.

Read the first time and referred to the Committee on Banking and Insurance.

H. 3633 -- Rep. Gregory: A BILL TO AMEND SECTION 61-3-1020, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUSINESS PROHIBITED IN RETAIL ALCOHOLIC LIQUOR STORES, SO AS TO EXCEPT THE STORAGE AND SALE OF GLASSWARE AND MIXERS PACKAGED WITH ALCOHOLIC LIQUORS PROVIDED BY THE MANUFACTURER.

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

Senator BRYAN assumed the Chair.

Senator MACAULAY, from the Committee on Medical Affairs, submitted a favorable with amendment report on:

S. 72 -- Senator Rose: A BILL TO AMEND SECTION 44-7-315, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISCLOSURE OF CERTAIN INFORMATION PERTAINING TO A COMMUNITY RESIDENTIAL CARE FACILITY OR AN INTERMEDIATE CARE FACILITY FOR THE MENTALLY RETARDED OR A GROUP HOME OPERATED BY A COUNTY MENTAL RETARDATION BOARD OR THE STATE MENTAL RETARDATION DEPARTMENT SO AS TO PROVIDE THAT THE DEPARTMENT MAY DISCLOSE CERTAIN INFORMATION RELATING TO A NURSING CARE FACILITY AND TO PROVIDE THAT THE IDENTITY OF A COMPLAINANT NOT BE DISCLOSED EXCEPT UNDER CERTAIN CONDITIONS.

Ordered for consideration tomorrow.

Senator LAND, from the Committee on Agriculture and Natural Resources, submitted a favorable with amendment report on:

S. 376 -- Senators Wilson and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 TO TITLE 48 SO AS TO ENACT THE "STORMWATER MANAGEMENT AND SEDIMENT REDUCTION ACT" AND TO PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS; TO REPEAL CHAPTER 13, TITLE 48 OF THE 1976 CODE RELATING TO COUNTY SEDIMENT CONTROL PROGRAMS, AND TO DIRECT THE SOUTH CAROLINA LAND RESOURCES CONSERVATION COMMISSION TO PROMULGATE REGULATIONS.

Ordered for consideration tomorrow.

Senator LAND, from the Committee on Medical Affairs, submitted a favorable report on:

S. 480 -- Senators Saleeby, Land, McConnell, Mullinax and Pope: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO CORRECT THE DISPARATE TREATMENT OF INSURED AND SELF-FUNDED HEALTH CARE BENEFITS BY PERMITTING STATE REGULATION OF SELF-FUNDED HEALTH CARE PLANS.

Ordered for consideration tomorrow.

Senator MACAULAY, from the Committee on Medical Affairs, submitted a favorable with amendment report on:

S. 615 -- Senators Nell W. Smith, Hayes, Courson, Martschink, Bryan, Drummond, Fielding, Giese, Gilbert, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Long, Lourie, Macaulay, Martin, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, J. Verne Smith, Stilwell, Thomas, Waddell, Washington, Williams and Wilson: A BILL TO AMEND ACT 114 OF 1989 AND ARTICLE 21, CHAPTER 7, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INFANTS AND TODDLERS WITH HANDICAPPING CONDITIONS, SO AS TO REVISE THE LEGISLATIVE FINDINGS TO CONFORM TO THE AMENDMENTS IN THIS ACT AND TO REVISE THE DEFINITIONAL SECTION, PROVIDE THE PURPOSE OF THE ARTICLE, PROVIDE DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, REQUIRE THE COMPREHENSIVE INTERAGENCY SYSTEM TO IMPLEMENT COMPONENTS OF THE SYSTEM, TO PROVIDE CERTAIN REQUIREMENTS FOR THE DELIVERY OF EARLY INTERVENTION SERVICES, TO INCLUDE PROVISIONS AND REQUIREMENTS FOR INDIVIDUALIZED FAMILY SERVICE PLANS, TO CLARIFY CONFIDENTIALITY OF INFORMATION, TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO SUBMIT AN ANNUAL REPORT TO THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN AND TO PROVIDE FOR CONTENTS OF THE REPORT, TO REQUIRE THE ESTABLISHMENT OF LOCAL INTERAGENCY COORDINATING COUNCILS, AND TO PROVIDE FOR THEIR MEMBERSHIP, FUNCTIONS, AND INTERFACING WITH THE STATE INTERAGENCY COORDINATING COUNCIL.

Ordered for consideration tomorrow.

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

S. 780 -- Senators Wilson and Patterson: A SENATE RESOLUTION TO EXTEND THE PRIVILEGE OF THE CHAMBER BEHIND THE RAIL TO THE IRMO HIGH SCHOOL "YELLOW JACKETS" BASKETBALL TEAM ON WEDNESDAY, APRIL 10, 1991, FOR THE PURPOSE OF BEING RECOGNIZED FOR WINNING THE CLASS AAAA STATE BASKETBALL CHAMPIONSHIP FOR 1991.

Ordered for consideration tomorrow.

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

S. 821 -- Senator Russell: A SENATE RESOLUTION TO GRANT AN INTERPRETER FOR THE DEAF ACCESS TO THE SENATE FLOOR TO "SIGN" WHILE THE SENATE IS IN SESSION WEDNESDAY, APRIL 3, 1991, IN RECOGNITION OF THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND.

Ordered for consideration tomorrow.

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

S. 823 -- Senator Russell: A SENATE RESOLUTION TO GRANT DR. REED TUCKSON, SENIOR VICE PRESIDENT OF THE MARCH OF DIMES AND A SPECIAL GUEST OF THE JUNIOR LEAGUES OF SOUTH CAROLINA, ACCESS TO THE SENATE FLOOR TO ADDRESS THE SENATE BRIEFLY TUESDAY, APRIL 30, 1991.

Ordered for consideration tomorrow.

Senator MACAULAY from the Committee on Medical Affairs, submitted a favorable report on:

H. 3045 -- Reps. P. Harris and Waldrop: A BILL TO AMEND SECTION 43-21-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LONG-TERM CARE COUNCIL, SO AS TO REVISE THE MEMBERS, PROVIDE FOR THE AUTHORIZATION OF DESIGNEES, AND DELETE REPORTS ON THE IMPLEMENTATION STATUS OF PAST COUNCIL RECOMMENDATIONS.

Ordered for consideration tomorrow.

Senator MACAULAY, from the Committee on Medical Affairs, submitted a favorable report on:

H. 3064 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND SECTIONS 44-20-375 AND 44-20-378, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO REVISE THE MANNER IN WHICH A COUNTY BOARD OF MENTAL RETARDATION IS ESTABLISHED, PROVIDE FOR THE CREATION OF A BOARD BY ORDINANCE, AND AUTHORIZE THE CONTINUANCE OF CURRENT BOARDS.

Ordered for consideration tomorrow.

Senator MACAULAY, from the Committee on Medical Affairs, submitted a favorable with amendment report on:

H. 3067 -- Reps. Wilder, Baxley, Manly, Mattos, Barber, Wright, Corning, Jaskwhich, McTeer, Vaughn, Sharpe, Whipper and Rama: A JOINT RESOLUTION TO ESTABLISH A TASK FORCE TO DEVELOP A SYSTEM FOR SERVICE DELIVERY FOR PERSONS WITH HEAD AND/OR SPINAL CORD INJURIES IN THIS STATE AND TO PROVIDE FOR THE MEMBERSHIP, DUTIES, AND RESPONSIBILITIES OF THE TASK FORCE.

Ordered for consideration tomorrow.

Senator MACAULAY, from the Committee on Medical Affairs, submitted a favorable report on:

H. 3072 -- Reps. P. Harris, Carnell, J. Harris, Waites, Mattos and Whipper: A BILL TO AMEND SECTION 44-17-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY ADMISSION TO MENTAL HEALTH FACILITIES, SO AS TO DECREASE THE TIME REQUIRED FOR A COURT REPORT AND HEARING ON AN EMERGENCY ADMISSION.

Ordered for consideration tomorrow.

Senator MACAULAY, from the Committee on Medical Affairs, submitted a favorable report on:

H. 3074 -- Reps. P. Harris, Carnell, J. Harris, Mattos and Whipper: A BILL TO AMEND SECTION 44-17-540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REPORT BY DESIGNATED EXAMINERS CONCERNING WHETHER A PERSON IS MENTALLY ILL AND RELATED HEARINGS, SO AS TO DECREASE THE TIME ALLOWED FOR THE EXAMINERS TO RENDER A MAJORITY OPINION.

Ordered for consideration tomorrow.

Senator MACAULAY, from the Committee on Medical Affairs, submitted a favorable report on:

H. 3075 -- Reps. P. Harris, Carnell, J. Harris, Mattos and Corning: A BILL TO AMEND SECTION 44-9-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MENTAL HEALTH COMMISSION, SO AS TO REVISE THE PROVISIONS FOR APPOINTMENT OF COMMISSION MEMBERS.

Ordered for consideration tomorrow.

Senator GIESE, from the Committee on Medical Affairs, submitted a favorable report on:

H. 3195 -- Reps. Vaughn, Jaskwhich, Wilder, Baxley and Manly: A CONCURRENT RESOLUTION TO COMMEND THE SOUTH CAROLINA DEVELOPMENTAL DISABILITIES COUNCIL, OFFICE OF THE GOVERNOR, FOR DEVELOPING AN OUTSTANDING STATE PLAN ON THE TRANSITION FROM SCHOOL INTO ADULT COMMUNITY LIFE OF PEOPLE WITH DISABILITIES AND TO EXPRESS THE SENSE OF THE GENERAL ASSEMBLY THAT THE LEGISLATIVE RECOMMENDATIONS CONTAINED IN THE STATE PLAN SHOULD BE ENACTED INTO LAW.

Ordered for consideration tomorrow.

Senator MACAULAY, from the Committee on Medical Affairs, submitted a favorable with amendment report on:

H. 3205 -- Reps. M.O. Alexander, T.C. Alexander, Cato, Clyborne, Corning, Burch, D. Elliott, Gentry, Haskins, Hayes, Hodges, Houck, J.W. Johnson, Keegan, Kempe, Keyserling, Kinon, Kirsh, Klapman, Manly, L. Martin, Mattos, McElveen, Rudnick, Stoddard, Waldrop, R. Young, Koon, Boan, Wells, Quinn, Neilson, McLeod, T. Rogers, Hallman, Sturkie, McGinnis, Littlejohn, Baxley, Keesley, McKay, Wofford, L. Elliott, Cromer, Fulmer, Lanford, Altman, J. Williams, Huff, Rama, D. Williams, Wilkes, Cole, Smith, Wilkins, Burriss, Carnell, Waites, Foster, P. Harris, Derrick, J. Harris, Phillips, Farr, J.C. Johnson, White, Sharpe and McTeer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 TO CHAPTER 43, TITLE 44 SO AS TO PROVIDE HOSPITAL POLICIES FOR ORGAN AND TISSUE DONATION.

Ordered for consideration tomorrow.

Senator WILSON, from the Committee on Medical Affairs, submitted a favorable report on:

H. 3226 -- Rep. McElveen: A CONCURRENT RESOLUTION TO EXAMINE METHODS OF INCREASING THE LEVEL OF CARE PROVIDED BY BOARDING HOMES AND NURSING HOMES.

Ordered for consideration tomorrow.

Senator WILSON, from the Committee on Medical Affairs, submitted a favorable report on:

H. 3227 -- Reps. Boan and McElveen: A CONCURRENT RESOLUTION DIRECTING THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION TO REVIEW THE MEDICAID ELIGIBILITY REQUIREMENTS AND DETERMINE THE NUMBER OF ELIGIBLE MEDICAID RECIPIENTS WHO ARE DENIED BENEFITS BECAUSE OF FAILURE TO COMPLY WITH MEDICAID PROCEDURAL REQUIREMENTS.

Ordered for consideration tomorrow.

Senator MACAULAY, from the Committee on Medical Affairs, submitted a favorable report on:

H. 3303 -- Reps. P. Harris, Waldrop and Wilder: A JOINT RESOLUTION TO DIRECT THE LONG TERM CARE COUNCIL TO STUDY AND DEVELOP A SYSTEM FOR INVESTIGATING AND PROSECUTING ADULT ABUSE, NEGLECT, AND EXPLOITATION, TO CLARIFY THE ROLES AND RESPONSIBILITIES OF THOSE AGENCIES IN THIS SYSTEM, TO PROVIDE FOR AN ADVISORY COMMITTEE TO COLLABORATE ON THE STUDY, AND TO PROVIDE FOR THE COMMITTEE MEMBERSHIP AND STAFFING.

Ordered for consideration tomorrow.

Senator LOURIE rose to a Point of Personal Privilege.

South Carolina has lost one of its brightest stars in the untimely death of Lee Atwater.

As I reflect on the life and death of Lee Atwater, I am reminded of a poem by A.E. Housman, "To An Athlete Dying Young." I'd like to share the first two stanzas with you this morning.

Surely, these words apply to Lee. Though many of us did not share his political vision and fought with him vigorously in the political arena, we still must admire his zest for life and his passion for public service. And we can all learn a lesson from Lee's final days -- not so much the courage with which he faced death, though courageous he was. No, the real lesson, I think, the real courage, Lee showed in his last months was the courage to love, to heal wounds, to reach out to his fellowman, friend and foe alike.

A great teacher once told his followers, "This is my commandment, that you love one another." Lee Atwater showed that unconditional love in his life, and we can all profit from that legacy.

(On motion of Senator WILSON, with unanimous consent, ordered printed in the Journal)

H. 3553 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: A JOINT RESOLUTION TO AUTHORIZE THE OPERATION LOSSES OF THE REINSURANCE FACILITY FOR A TWELVE-MONTH PERIOD ATTRIBUTABLE TO HURRICANE HUGO TO BE RECOUPED IN THE SUBSEQUENT THIRTY-SIX MONTH PERIOD BY UTILIZING AN ON-LEVEL RECOUPMENT CHARGE COMPONENT BY APPLICABLE COVERAGE FOR ALL RISKS REGARDLESS OF THE SURCHARGE POINTS OF EACH RISK UNDER THE UNIFORM MERIT RATING PLAN.

On motion of Senator MARTIN, with unanimous consent, the Joint Resolution was recalled from the Committee on Banking and Insurance and placed on the Calendar for consideration tomorrow.

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

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

S. 662 -- Senator Waddell: A BILL TO AMEND SECTION 9-1-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PAYROLL DEDUCTION INSTALLMENT PURCHASE PLAN FOR ESTABLISHING CREDIT FOR OUT-OF-STATE SERVICE AND FEDERAL CIVILIAN SERVICE FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO EXTEND THE INSTALLMENT PURCHASE PLAN TO MILITARY SERVICE AND OTHER SERVICE FOR WHICH CREDIT IS ESTABLISHED BY ONLY A MEMBER CONTRIBUTION; AND TO AMEND THE 1976 CODE BY ADDING SECTION 9-11-330 SO AS TO EXTEND THE INSTALLMENT PURCHASE PLAN OF THE SOUTH CAROLINA RETIREMENT SYSTEM TO THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM.

S. 570 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 40-6-200, 40-6-210, 40-6-220, AND 40-6-230 SO AS TO PROVIDE FOR AN AUCTIONEER RECOVERY FUND; TO AMEND SECTION 40-6-40, RELATING TO THE AUCTIONEERS' COMMISSION, SO AS TO CHANGE THE REFERENCE TO EXPERIENCED AUCTIONEER MEMBERS TO LICENSED AUCTIONEER MEMBERS, REQUIRE AT LEAST ONE MEMBER NOT TO BE CONNECTED WITH THE AUCTION BUSINESS, AND DELETE OBSOLETE PROVISIONS; TO AMEND SECTION 40-6-60, AS AMENDED, RELATING TO GENERAL REQUIREMENTS FOR LICENSES, SO AS TO DELETE THE RESIDENCY REQUIREMENT; TO AMEND SECTION 40-6-70, RELATING TO APPRENTICE AUCTIONEER LICENSES, SO AS TO DELETE THE REQUIREMENT FOR STATEMENTS ON CHARACTER; TO AMEND SECTION 40-6-80, RELATING TO APPLICATION AND EXAMINATION FOR LICENSES, SO AS TO CHANGE THE REQUIRED TIME TO SERVE AS AN APPRENTICE FROM TWO YEARS TO ONE YEAR AND DELETE THE REQUIREMENT FOR STATEMENTS ON CHARACTER; TO AMEND SECTION 40-6-130, RELATING TO AUCTIONEERS LICENSED IN ANOTHER STATE, SO AS TO REVISE THE CIRCUMSTANCES UNDER WHICH NONRESIDENT AUCTIONEERS MAY BE GRANTED A SOUTH CAROLINA LICENSE; TO AMEND SECTION 40-6-140, AS AMENDED, RELATING TO LICENSE FEES, SO AS TO DELETE THE REFERENCES TO SPECIFIC FEES AND PROVIDE FOR THE COMMISSION TO ESTABLISH THEM BY REGULATION; TO REPEAL SECTION 40-6-100 RELATING TO BONDS OF LICENSEES; AND TO REAUTHORIZE THE EXISTENCE OF THE AUCTIONEERS' COMMISSION FOR SIX YEARS.

On motion of Senator HOLLAND, with unanimous consent, the Bill was recommitted to the General Committee.

H. 3377 -- Reps. Gregory, Nettles, Short, Boan, Wilkins, Kirsh and J. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 40-6-200, 40-6-210, 40-6-220, AND 40-6-230 SO AS TO PROVIDE FOR AN AUCTIONEER RECOVERY FUND; TO AMEND SECTION 40-6-40, RELATING TO THE AUCTIONEERS' COMMISSION, SO AS TO CHANGE THE REFERENCE TO EXPERIENCED AUCTIONEER MEMBERS TO LICENSED AUCTIONEER MEMBERS, REQUIRE AT LEAST ONE MEMBER NOT TO BE CONNECTED WITH THE AUCTION BUSINESS, AND DELETE OBSOLETE PROVISIONS; TO AMEND SECTION 40-6-60, AS AMENDED, RELATING TO GENERAL REQUIREMENTS FOR LICENSES, SO AS TO DELETE THE RESIDENCY REQUIREMENT; TO AMEND SECTION 40-6-70, RELATING TO APPRENTICE AUCTIONEER LICENSES, SO AS TO DELETE THE REQUIREMENT FOR STATEMENTS ON CHARACTER; TO AMEND SECTION 40-6-80, RELATING TO APPLICATION AND EXAMINATION FOR LICENSES, SO AS TO CHANGE THE REQUIRED TIME TO SERVE AS AN APPRENTICE FROM TWO YEARS TO ONE YEAR AND DELETE THE REQUIREMENT FOR STATEMENTS ON CHARACTER; TO AMEND SECTION 40-6-130, RELATING TO AUCTIONEERS LICENSED IN ANOTHER STATE, SO AS TO REVISE THE CIRCUMSTANCES UNDER WHICH NONRESIDENT AUCTIONEERS MAY BE GRANTED A SOUTH CAROLINA LICENSE; TO AMEND SECTION 40-6-140, AS AMENDED, RELATING TO LICENSE FEES, SO AS TO DELETE THE REFERENCES TO SPECIFIC FEES AND PROVIDE FOR THE COMMISSION TO ESTABLISH THEM BY REGULATION; TO REPEAL SECTION 40-6-100 RELATING TO BONDS OF LICENSEES; AND TO REAUTHORIZE THE EXISTENCE OF THE AUCTIONEERS' COMMISSION FOR SIX YEARS.

On motion of Senator HOLLAND, with unanimous consent, the Bill was recalled from the General Committee.

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

On motion of Senator HOLLAND, the Bill was read the second time, passed and ordered to a third reading, to be substituted in the place of S. 570 on the Calendar.

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

S. 722 -- Senators Lourie, Land, Saleeby and Passailaigue: A BILL TO AMEND SECTION 40-59-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THOSE CONTRACTORS INCLUDED AS RESIDENTIAL SPECIALTY CONTRACTORS FOR PURPOSES OF REGULATION BY THE SOUTH CAROLINA RESIDENTIAL BUILDERS COMMISSION, SO AS TO PROVIDE THAT PEST CONTROLLERS ARE NOT CONSIDERED RESIDENTIAL SPECIALTY CONTRACTORS.

Senator LAND spoke on the Bill.

On motion of Senator GIESE, S. 722 was ordered to receive a third reading on Wednesday, April 3, 1991.

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.

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

Senator LAND proposed the following amendment (AGR730.1), which was adopted:

Amend the bill, as and if amended, page 3, beginning on line 16, in subsection (D) of Section 46-10-130, as contained in SECTION 2, by striking lines 16 through 19 and inserting therein the following:
/ (D) For a first delinquency, an assessment and penalties not paid by the cotton grower within thirty days of the notice of a penalty automatically operate as a lien upon crops growing/

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. 748 -- Senators Land and Lourie: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS AND THE SECRETARY OF THE UNITED STATES DEPARTMENT OF AGRICULTURE TO ACT TO ASSIST DAIRY FARMERS IN OBTAINING A FAIR PRICE FOR THEIR MILK AND IN PREVENTING UNNECESSARY FINANCIAL HARDSHIPS TO THE FARMERS.

The Senate proceeded to a consideration of the Concurrent Resolution. 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 (AGR748.1) was adopted as follows:

Amend the resolution, as and if amended, page 1, by striking line 38 through line 3 on page 2 and inserting therein the following:

/Whereas, New York Congressman Walsh introduced H.R. 1494 which creates a national super-pooling of the milk price for all Grade A producers of milk which would generate a $1.25 increase per hundred weight in the price paid to dairy farmers; and/

Amend the resolution further, as and if amended, page 2, line 15, by striking /House Bill 1088/ and inserting therein /H.R. 1494/

Amend title to conform.

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

S. 388 -- Senators Moore, Bryan, Hinds, Courson, Washington, Wilson and Giese: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 95 SO AS TO ESTABLISH THE POLICY OF THIS STATE REGARDING SOLID WASTE AND TO PROVIDE FOR THE MANAGEMENT OF SOLID WASTE; TO AMEND SECTION 16-11-700, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS OF THE LITTER LAWS; AND TO AMEND SECTION 56-1-720 SO AS TO ASSIGN POINTS FOR THE DUMPING OF LITTER ON PUBLIC OR PRIVATE PROPERTY OR WATERS; TO AMEND CHAPTER 7 OF TITLE 12 RELATING TO THE TAX LAWS BY ADDING SECTION 12-7-1255 TO PROVIDE A TAX CREDIT FOR QUALIFIED RECYCLING EQUIPMENT; AND TO AMEND CHAPTER 7 OF TITLE 12 BY ADDING AN APPROPRIATELY NUMBERED SECTION SO AS TO PROVIDE FOR A CHECKOFF ON STATE TAX RETURNS FOR CONTRIBUTIONS MADE TO THE SOLID WASTE MANAGEMENT TRUST FUND.

Senator MOORE asked unanimous consent to make a motion to take the Bill up for immediate consideration.

Senator McCONNELL objected.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

S. 607 -- Senators Setzler, Martin, Saleeby, Fielding, O'Dell, Matthews, Mitchell, Hinds, Giese, Holland, Land, Waddell, Courson, Hayes and Nell W. Smith: A BILL TO AMEND SECTION 37-1-301, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL DEFINITIONS IN REGARD TO THE CONSUMER PROTECTION CODE, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 37-2-202, AS AMENDED, RELATING TO ADDITIONAL CREDITOR CHARGES, SO AS TO REVISE THESE CHARGES; TO AMEND SECTION 37-2-203, RELATING TO DELINQUENCY CHARGES ON CONSUMER CREDIT SALES, SO AS TO REVISE THESE CHARGES; TO AMEND SECTION 37-2-303, RELATING TO NOTICES TO CO-SIGNERS AND SIMILAR PARTIES ON CONSUMER CREDIT SALES, SO AS TO PROVIDE FOR AN ADDITIONAL NOTICE TO CO-SIGNERS; TO AMEND SECTION 37-2-305, RELATING TO FILING AND POSTING OF MAXIMUM RATE SCHEDULES IN REGARD TO CONSUMER CREDIT SALES, SO AS TO PROVIDE FOR RATE SCHEDULES IN REGARD TO VARIABLE RATES AND TO PROVIDE THE DATE BY WHICH CERTAIN CREDITOR FILING FEES ARE DUE; TO AMEND SECTION 37-2-306, RELATING TO NOTICE OF ASSUMPTION OF RIGHTS, SO AS TO PROVIDE THAT EVERY CREDITOR ENGAGED IN MAKING CONSUMER LOANS PURSUANT TO SELLER CREDIT CARDS SHALL MAKE AND FILE CERTAIN DISCLOSURES; TO AMEND SECTION 37-3-104, RELATING TO THE DEFINITION OF A CONSUMER LOAN, SO AS TO REVISE THIS DEFINITION; TO AMEND SECTION 37-3-105, RELATING TO FIRST MORTGAGE REAL ESTATE LOANS, SO AS TO CORRECT AN IMPROPER REFERENCE; TO AMEND SECTION 37-3-202, AS AMENDED, RELATING TO ADDITIONAL LENDER CHARGES, SO AS TO FURTHER PROVIDE FOR THESE CHARGES; TO AMEND SECTION 37-3-203, RELATING TO DELINQUENCY CHARGES ON CERTAIN CONSUMER LOANS, SO AS TO FURTHER PROVIDE FOR THESE CHARGES; TO AMEND SECTION 37-3-303, RELATING TO NOTICE TO CO-SIGNERS AND SIMILAR PARTIES ON CERTAIN CONSUMER LOANS, SO AS TO PROVIDE FOR AN ADDITIONAL NOTICE TO CO-SIGNERS; TO AMEND SECTION 37-3-305, AS AMENDED, RELATING TO THE FILING AND POSTING OF MAXIMUM RATE SCHEDULES BY CREDITORS, SO AS TO FURTHER PROVIDE FOR THIS FILING AND POSTING IN REGARD TO VARIABLE RATES; TO AMEND SECTION 37-3-306, RELATING TO NOTICE OF ASSUMPTION RIGHTS, SO AS TO PROVIDE THAT EVERY CREDITOR MAKING CONSUMER LOANS PURSUANT TO A LENDER CREDIT CARD MUST MAKE AND FILE CERTAIN DISCLOSURES; TO AMEND SECTION 37-3-510, RELATING TO RESTRICTIONS ON AN INTEREST IN LAND AS SECURITY, SO AS TO EXEMPT CERTAIN OPEN-END CREDIT AGREEMENTS FROM THE PROVISIONS OF THIS SECTION; TO AMEND SECTION 37-4-203, RELATING TO FILING AND APPROVAL OF CREDIT INSURANCE PREMIUM RATES AND CHARGES, SO AS TO REVISE CERTAIN CREDIT LIFE INSURANCE PREMIUMS WHICH MAY BE CHARGED; TO AMEND SECTION 37-6-108, RELATING TO ADMINISTRATIVE ENFORCEMENT ORDERS OF THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO FURTHER PROVIDE FOR THE VIOLATIONS WHICH ARE SUBJECT TO ACTIONS BY THE ADMINISTRATOR AND TO AUTHORIZE THE ADMINISTRATOR TO IMPOSE CERTAIN ADMINISTRATIVE PENALTIES; TO AMEND SECTION 37-6-113, RELATING TO CIVIL ACTIONS BY THE ADMINISTRATOR, SO AS TO FURTHER PROVIDE FOR THE CONDITIONS UNDER WHICH A CIVIL PENALTY MAY BE IMPOSED; TO AMEND SECTION 37-6-117, RELATING TO THE ADMINISTRATIVE RESPONSIBILITIES REGARDING CONSUMER PROTECTION OF THE ADMINISTRATOR, SO AS TO FURTHER PROVIDE FOR THESE ADMINISTRATIVE RESPONSIBILITIES; TO AMEND SECTION 37-6-203, RELATING TO FEES TO BE PAID TO THE ADMINISTRATOR, SO AS TO CLARIFY THE FEE DUE BY PERSONS ALSO ENGAGED IN MAKING CONSUMER RENTAL-PURCHASE AGREEMENTS; TO AMEND SECTION 37-10-102, AS AMENDED, RELATING TO ATTORNEY'S FEES AND OTHER CHARGES ON MORTGAGE LOANS FOR PERSONAL PURPOSES, SO AS TO DELETE CERTAIN CREDITOR DISCLOSURE STATEMENT REQUIREMENTS; TO AMEND THE 1976 CODE BY ADDING SECTION 37-10-107 SO AS TO PROHIBIT A PERSON FROM MAINTAINING AN ACTION FOR RELIEF REGARDING THE BORROWING OF MONEY UNDER CERTAIN SPECIFIED CONDITIONS; TO AMEND SECTION 39-61-100, RELATING TO THE AUTHORITY OF THE ADMINISTRATOR UNDER THE MOTOR CLUB SERVICES ACT, SO AS TO AUTHORIZE THE ADMINISTRATOR TO IMPOSE PENALTIES; TO AMEND SECTION 40-39-150, RELATING TO THE AUTHORITY OF THE ADMINISTRATOR IN REGARD TO PAWNBROKERS, SO AS TO AUTHORIZE THE ADMINISTRATOR TO ISSUE CEASE AND DESIST ORDERS; TO AMEND SECTION 44-79-80, RELATING TO THE FUNCTIONS AND POWERS OF THE ADMINISTRATOR IN REGARD TO THE PHYSICAL FITNESS SERVICES ACT, SO AS TO FURTHER PROVIDE FOR THESE POWERS AND INCREASE THE FEES FOR CERTIFICATES OF AUTHORITY ISSUED BY THE ADMINISTRATOR; AND TO REPEAL SECTION 37-6-114 RELATING TO THE PROHIBITION AGAINST JURY TRIALS IN ACTIONS BROUGHT BY THE ADMINISTRATOR UNDER THE CONSUMER PROTECTION CODE.

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

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

Fielding Giese Hinds
Land Long Lourie
Martin Martschink McConnell
McGill Mullinax O'Dell
Passailaigue Rose Saleeby
Setzler Shealy Smith, J.V.
Smith, N.W. Stilwell Thomas
Waddell Williams Wilson

Bryan Macaulay Moore
Peeler

The Bill, S. 607, was made a Special Order.

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

On motion of Senator DRUMMOND, in accordance with the provisions of S. 822, the Privilege of the Chamber, to that area behind the rail, was extended to Mrs. Martha Thurmond Bishop and her family upon her selection as the 1991 S.C. Mother of the Year.

On motion of Senator DRUMMOND, with unanimous consent, the Privilege of the Floor was extended to Mrs. Bishop with leave to address the body with brief remarks.

THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.

The PRESIDENT assumed the Chair.

S. 494 -- Senators Lourie, Leventis, McConnell, J. Verne Smith, Macaulay, Passailaigue, Long, Fielding, Helmly, Thomas, Russell, Rose, O'Dell, Mitchell and Washington: A BILL TO AMEND ARTICLES 1, 3, AND 5, CHAPTER 3, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, THE DESIGNATION OF HIGHWAY DISTRICTS, THE ELECTION OF HIGHWAY COMMISSIONERS, AND THE APPOINTMENT OF DEPARTMENT PERSONNEL SO AS TO PROVIDE FOR THE REORGANIZATION OF THE DEPARTMENT BY PROVIDING FOR DEFINITIONS TO BE USED IN CHAPTER 3, BY CHANGING THE NAME OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF TRANSPORTATION, BY PROVIDING FOR THE CREATION OF CERTAIN DIVISIONS WITHIN THE DEPARTMENT AND THE APPOINTMENT OF DIVISION MANAGERS, BY PROVIDING FOR THE ELECTION OF HIGHWAY COMMISSIONERS BY THE GENERAL ASSEMBLY AT LARGE AND THEIR TERM OF OFFICE, BY PROVIDING FOR THE CREATION OF SEVEN HIGHWAY DISTRICTS, AND BY PROVIDING FOR THE APPOINTMENT OF OTHER DEPARTMENT PERSONNEL; TO AMEND ARTICLE 1, CHAPTER 11, TITLE 57, RELATING TO FINANCES OF THE DEPARTMENT SO AS TO PROVIDE THAT THE DEPARTMENT MUST PROCESS ALL VOUCHERS FOR THE PAYMENT OF GOODS, SERVICES, AND PERSONNEL SERVICES THROUGH THE COMPTROLLER GENERAL'S OFFICE; TO PROVIDE FOR NEW TERMS OF OFFICE FOR COMMISSIONERS ELECTED FOR TERMS BEGINNING IN 1992; TO AMEND SECTION 11-35-45(B), RELATING TO THE DEPARTMENT'S LUMP SUM STATUS BY ELIMINATING THE DEPARTMENT'S LUMP SUM STATUS; TO PROVIDE THAT THE CODE COMMISSIONER CHANGE CERTAIN REFERENCES IN THE 1976 CODE; TO REPEAL SECTION 124.20, PART I, ACT 612 OF 1990 RELATING TO BUDGET TRANSFERS; AND TO PROVIDE FOR THE CREATION OF AN OMBUDSMAN WITHIN THE DEPARTMENT.

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

Senator LOURIE was recognized to speak on the Bill.

On motion of Senator LOURIE, with unanimous consent, the amendment of March 6, 1991, proposed by the Committee on Transportation was withdrawn.

The amendment proposed by the Committee on Transportation (RES494.07) was adopted as follows:

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

SECTION 1. Chapter 1, Title 57 of the 1976 Code is amended to read:

Section 57-1-10. The terms `highway', `street' and `road' as used herein shall be general terms denoting a public way for the purpose of vehicular travel, including the entire area within the right of way, and the terms shall include roadways, pedestrian facilities, bridges, tunnels, viaducts, drainage structures and all other facilities commonly considered component parts of highways, streets or roads. The term `roadway' shall mean that portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the shoulder or berm. In the event a highway includes two or more separate roadways, the term `roadway' as used herein shall refer to any such roadways separately but not to all such roadways collectively. The term `public transportation' shall mean every conveyance of human passengers by bus, van or any other ground surface vehicle which is provided to the general public, or selected groups thereof, on a regular and continuing basis.

Wherever the term `South Carolina State Highway Department' or `State Highway Department' or `Highway Department' appears in the Acts and Joint Resolutions of the General Assembly or the 1976 Code, it shall mean `South Carolina Department of Highways and Public Transportation'.

Wherever the term `State Highway Commission' appears in the Acts and Joint Resolutions of the General Assembly or the 1976 Code, it shall mean `State Highway and Public Transportation Commission'.

Wherever the term `Chief Highway Commissioner' appears in the Acts and Joint Resolutions of the General Assembly or the 1976 Code, it shall mean `Executive Director of the Department of Highways and Public Transportation'. (A) The Department of Transportation is established as an administrative agency of state government which is comprised of a Division of Aeronautics, a Division of Highways and Administration, and a Division of Public Railways. Each division of the Department of Transportation shall have such functions and powers as provided for by law.

(B) All functions, powers, and duties provided by law to the South Carolina Aeronautics Commission and the Public Railways Commission, its officers or agencies are hereby transferred to the Department of Transportation. All records, property, personnel, and unexpended appropriations shall be transferred to the control of the Department of Transportation. All rules, regulations, standards, orders or other actions of these entities shall remain in effect unless specifically changed or voided by the department in accordance with the Administrative Procedures Act.

Section 57-1-20. The assent of the State is hereby given to the terms and provisions of an act of Congress, approved July 11, 1916, entitled "An Act to Provide that the United States Shall Aid the States in the Construction of Rural Post Roads and for Other Purposes," and acts amendatory thereof and any other act providing for Federal federal aid to the states for the construction of highways and other related transportation projects. The good faith of the State is hereby pledged to provide sufficient funds to meet the requirements of said Federal federal act, so as to acquire the benefits thereof.

Section 57-1-30. The South Carolina Department of Highways and Public Transportation may number and renumber State highways whenever it considers it necessary or desirable. This specifically authorizes the change in the numbers of routes as numbered by the State Highway Act of 1924, known as the Pay-As-You-Go Act, and other acts designating highways by numbers. The authority herein given to the Department to renumber the highways mentioned and described in the Highway Act of 1924, commonly known as the Pay-As-You-Go Act, and all other acts shall not in any way relieve the Department in the construction of the roads mentioned and described therein. The Governor, in addition to other duties and responsibilities conferred upon him by the Constitution and laws of this State, is charged with the responsibility for the administration of the state's highway safety programs and is further charged with the duty of contracting and doing all other things necessary on behalf of this State and, in so doing, to work with federal and state agencies, agencies private and public, interested organizations, and with individuals to effectuate that purpose. The Governor shall be the official of this State having the ultimate responsibility for dealing with the federal government with respect to highway safety transportation programs and activities. To that end the Governor shall coordinate the activities of any and all departments and agencies of this State and its subdivisions.

Section 57-1-40. All names given prior to June 13, 1951 to highways or bridges pursuant to legislative action shall be retained. For the purposes of this title, the following words, phrases, and terms are defined as follows:

(1) `Administrative Highway District' means the geographic area that the commission designates as a highway district.

(2) `Board' means the Transportation Advisory Board.

(3) `Commission' means the administrative and governing body of the Department of Transportation which is composed of three commissioners which includes the Secretary of Transportation.

(4) `Department' means the Department of Transportation.

(5) `District Director' means an employee of the department who is assigned to and responsible for the day-to-day management and supervision of the operation of the department's services, personnel, and administrative activities, including budgeting, procurement, records management, and payroll in a highway district, except that supervision of law enforcement personnel shall be under the manager of law enforcement.

(6) `District' means the geographic area as established by Section 57-2-10.

(7) `Secretary of Transportation' means the chairman of the commission and the chief administrative officer of the Department of Transportation.

Section 57-1-45. Whenever a road, bridge, or other highway facility is dedicated and named in honor of an individual by act or resolution of the General Assembly, the Department of Highways and Public Transportation must be reimbursed all expenses incurred by the Department to implement the dedication.

Reimbursement for expenses incurred by the Department must first be approved by a majority of each county legislative delegation in which the road, bridge, or facility is located. Reimbursement must be from the State Secondary "C" Apportionment Fund of the county or counties in which the road, bridge, or facility is located, and expenses under this section are limited to five hundred dollars.

Reimbursement for expenses incurred by the Department to name and dedicate a highway facility pursuant to a request from other than the General Assembly must be by agreement between the requesting entity and the Department.

Section 57-1-50. The State Electrician shall permit the Department to use so much of the surplus current as is referred to in the preamble of Act No. 1194 of the 1930 Acts for the purpose of lighting the Congaree River bridge, until such time as the State shall need such surplus current for the purposes of State institutions. No contractual obligation is hereby assumed by the State for the purpose of lighting said bridge, and this section is intended to permit the use of such surplus current only until it is needed by the State. No funds of the Department shall in any way be involved in lighting said bridge, other than to maintain the lighting structures already erected on said bridge. The maintenance of such lighting structures shall be provided by the Department as other maintenance for the bridge. The State Electrician shall not make any charge for the use of such current, any law or rule to the contrary notwithstanding. The State Electrician shall discontinue the lighting of said bridge at such a time as it may appear to the State Electrician that the State needs the current for ordinary purposes of the State. There is established the Department of Transportation Commission which is composed of three members to be appointed by the Governor with the advice and consent of the Senate. The commissioners shall serve for a term of six years except that of the initial members appointed, the Governor shall designate one member to serve for two years, one member to serve for four years, and one member to serve for six years. The terms of office for members first appointed shall begin July 1, 1992. Any members so appointed shall remain in office until their successors shall have been appointed and qualify.

Section 57-1-60. Whoever, being a member of the State Highway and Public Transportation Commission or engineer, agent or other employee, acting for or in behalf of the Department or Commission, shall accept or agree to accept, receive or agree to receive or ask or solicit, either directly or indirectly, and any person who shall give or offer to give or promise or cause or procure to be promised, offered or given, either directly or indirectly, to any member of the Commission or any engineer, agent or other employee acting for or on behalf of the Commission or Department (a) any moneys, (b) any contract, promise, undertaking, obligation, gratuity or security for the payment of money or for the delivery or conveyance of anything of value, (c) any political appointment or influence, present or reward, (d) any employment or (e) any other thing of value, with the intent to have his decision or action on any question, matter, cause or proceeding which may at the time be pending or which may by law be brought before him in his official capacity or in his place of trust or profit influenced thereby, shall be guilty of a misdemeanor and, upon conviction, shall be imprisoned in the Penitentiary not less than one nor more than five years and shall forever after be disqualified from holding any office of trust or profit under the Constitution or laws of this State. The Senate may not confirm a gubernatorial appointee to the office of commissioner, until the Senate Transportation Committee holds a hearing in accordance with procedures established in the Senate rules or in accordance with the procedures set forth for the operation of the Joint Screening Committee as described in Chapter 19 of Title 2 of the 1976 Code, as amended.

Section 57-1-70. The Governor, in addition to other duties and responsibilities conferred upon him by the Constitution and laws of this State, is charged with the responsibility for the administration of the State's highway safety program and is further charged with the duty of contracting and doing all other things necessary in behalf of this State under the National Highway Safety Act of 1966, and, in so doing, to work with Federal and State agencies, agencies private and public, interested organizations, and with individuals to effectuate the purposes of that enactment. The Governor shall be the official of this State having the ultimate responsibility for dealing with the Federal Government with respect to programs and activities pursuant to the National Highway Safety Act of 1966. To that end the Governor shall coordinate the activities of any and all departments and agencies of this State and its subdivisions relating thereto. The persons nominated by the Governor for the office of commissioner must:

(a) be of sound moral character;

(b) possess a strong knowledge in the field of transportation;

(c) possess administrative ability; and

(d) may not have served as a member of the General Assembly or as a member of the South Carolina Department of Highways and Public Transportation Commission within two years of the time that the term of office for the appointment would begin.

Section 57-1-80. Notwithstanding any other provisions of law, the South Carolina Department of Highways and Public Transportation may, in its sole discretion, grant to churches the right to cross over, under, along and upon any of the public roads or highways and rights-of-way related thereto. Should a vacancy on the commission occur when the General Assembly is not in session, it shall be filled in the same manner of the original appointment for the unexpired term, subject to confirmation by the Senate at the next session of the General Assembly as required in Section 57-2-30. If the Senate does not consent to such appointment, the office shall be vacant. Any or all members of the commission may, with the advice and consent of the Senate, be removed by the Governor for cause shown. And if cause for such removal shall arise when the Senate is not in session, the Governor may suspend one or more of the commissioners and shall fill the vacancies thus created until the General Assembly shall next convene. Upon convening the Senate must act on the suspension within thirty days or the office must be declared vacant and a new nominee must be presented.

Section 57-1-90. Notwithstanding any other provision of law, signs not exceeding three feet by four feet may be placed on highway rights-of-way outside of a community designating the community as a Crime Watch Area if the governing body of the county where the signs are placed passes an ordinance authorizing the signs in accordance with Department of Highways and Public Transportation regulations. Each commissioner within thirty days after his appointment, and before entering upon the discharge of the duties of his office, shall take, subscribe, and file with the Secretary of State the oath of office prescribed by the Constitution of the State and give bond to the State in the sum of fifty thousand dollars for the faithful performance of his duties.

Section 57-1-100. The Department, at the request of a municipal or county council, may erect "Deaf Child--Caution" signs in residential areas where they are deemed to be needed. Commissioners shall receive such compensation as may be established under the provisions of Section 8-11-160 and for which funds have been authorized in the general appropriation act.

Section 57-1-110. Before a county or municipal corporation may accept a deed to a newly-constructed road or agree to maintain a newly-constructed road it shall obtain an affidavit from the donor and the contractor who constructed the road that all construction costs have been paid and that the road is free of all encumbrances. Provided, however, a county council or city council may, in its discretion, waive the requirement of an affidavit under this section.

A donor or contractor who knowingly submits a false affidavit affirming that all construction costs have been paid for a road or that a road is free of all encumbrances, or both, is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days.

For the purposes of this section, a "newly-constructed road" is one which has been completed within two years of the date of the city's or county's consideration of whether to accept the deed or to maintain a newly-constructed road. Each commissioner must devote his entire time to the duties of his office and shall not:

(a) engage in any occupation or business interfering with or inconsistent with his duty;

(b) serve on or under any committee of a political party; or

(c) employ, appoint, promote, transfer, or advance any person related to or connected to the commissioner by consanguinity or affinity to the sixth degree to a position which is under the control or management of the commissioner.

Section 57-1-150. Beginning July 1, 1992, and every two years thereafter, the Governor must designate one commissioner as chairman of the commission. The chairman of the commission shall then designate one commissioner as commissioner for external operations and one as commissioner for internal operations.

Section 57-1-170. The commission shall carry out all of the day-to-day operations and all management functions of the Department of Transportation. The commission is vested with the exclusive authority to establish design criteria, construction specifications, and standards required to construct and maintain highways and bridges, public airports as provided for in Chapter 5 of Title 55, and public railways as provided for in this title.

Section 57-1-190. The commission must provide for the necessary planning, construction, maintenance, and operation of an integrated statewide air, rail, and highway transportation system for the economical and safe transportation of people and goods. The commission must carry out its duties consistent with the desires of the State as a whole and it must not sacrifice the general statewide interest to purely local desires of any particular area.

Section 57-1-210. No member of the commission, employee of the department, or agent of the department, acting for or in behalf of the department or commission, shall accept or agree to accept, receive, or agree to receive or ask or solicit, either directly or indirectly, and any person who shall give or offer to give or promise or cause or procure to be promised, offered or given, either directly or indirectly, to any member of the commission, employee of the department or agent of the department acting for or in behalf of the commission or department: (a) any monies, (b) any contract, promise, undertaking, obligation, gratuity or security for the payment of money or for the delivery or conveyance of anything of value, (c) any political appointment or influence, present or reward, (d) any employment or (e) any other thing of value, with the intent to have his decision or action on any question, matter, cause or proceeding which may at the time be pending or which may by law be brought before him in his official capacity or in his place of trust or profit influenced thereby, shall be guilty of a misdemeanor and, upon conviction, shall be imprisoned for not less than one nor more than five years and shall forever after be disqualified from holding any office of trust or profit under the Constitution or laws of this State."

SECTION 2. Title 57 of the 1976 Code is amended by adding:

Section 57-2-10. There is established a Transportation Advisory Board to be composed of eleven members. One member must be elected from each of the following districts:

(1) District One is comprised of Calhoun and Richland counties.

(2) District Two is comprised of Aiken, Allendale, Bamberg, Barnwell, Beaufort, Edgefield, Hampton, and Jasper counties.

(3) District Three is comprised of Greenwood, Laurens, Lexington, Newberry, and Saluda counties.

(4) District Four is comprised of Abbeville, Anderson, McCormick, Oconee, and Pickens counties.

(5) District Five is comprised of Greenville county.

(6) District Six is comprised of Cherokee, Spartanburg, and Union counties.

(7) District Seven is comprised of Chester, Chesterfield, Fairfield, Kershaw, Lancaster, and York counties.

(8) District Eight is comprised of Clarendon, Darlington, Florence, Lee, and Sumter counties.

(9) District Nine is comprised of Dillon, Georgetown, Horry, Marion, Marlboro, and Williamsburg counties.

(10) District Ten is comprised of Charleston and Colleton counties. (11) District Eleven is comprised of Berkeley, Dorchester, and Orangeburg counties.

Section 57-2-30. (A) The legislative delegations, including the Senators of the counties of each highway district shall select a person to serve on the Transportation Advisory Board. The members of the board shall serve for terms of four years, or until their successors shall have been elected and qualified.

(B) Two persons shall be appointed to the board by the Governor with the advice and consent of the Senate, one of whom shall possess knowledge in the field of aeronautics and the other shall possess knowledge of railroads. Their terms of office shall be coterminous with the Governor and they must serve until their successors are appointed and qualify.

(C) The board members so chosen shall constitute the Transportation Advisory Board.

Section 57-2-50. The board must meet once each month at such regular meeting times and at such places in the State as the board may by rule provide. The board may hold special meetings at any time at the call of the chairman or any three members. The board must keep minutes of the meetings, which must at all times be open to public inspection. The majority of the board shall constitute a quorum for the transaction of business.

Section 57-2-70. The Transportation Advisory Board shall have duties and powers:

(1) to conduct studies and investigations and to act in an advisory capacity to the secretary in the establishment of broad policies for carrying out the duties and responsibilities of the department;

(2) to advise the public regarding the policies, conditions, and activities of the department's transportation system;

(3) to hold hearings, make investigations, studies, and inspections, and do all other things necessary to carry out the duties imposed upon it by law;

(4) to be consulted by the department on the status of all highway transportation projects within the member's district;

(5) to be advised and informed by the department on the ten-year statewide strategic highway plan; and

(6) to adopt rules concerning all functions assigned to the board.
Section 57-2-90. Each board member must be reimbursed for official expenses as provided by law for members of state boards and commissions as established in the annual general appropriation act.

Section 57-2-110. The Secretary of Transportation must serve as chairman of the Transportation Advisory Board. The Transportation Advisory Board may elect a vice-chairman and a first vice-chairman to serve for two-year terms."

SECTION 3. Article 1, Chapter 3, Title 57 of the 1976 Code is amended to read:

Section 57-3-20. The Department is governed by the State Highways and Public Transportation Commission and the Executive Director of the Department of Highways and Public Transportation. The Division of Highways and Administration must be divided into such bureaus as the commission may prescribe but must consist of the following principal bureaus: finance and administration; construction, engineering and planning; motor vehicle; law enforcement; inspection, certification, compliance, permits, and enforcement; and mass transit. The commission may establish other bureaus, or ancillary or service bureaus as may be necessary for the efficient and economical operation of the division and to carry out the functions and purposes of the division.

Section 57-3-30. A. The Department must be divided into such divisions as the Commission or the Executive Director of the Department of Highways and Public Transportation may prescribe but shall consist of at least four principal divisions; one of which shall be the engineering division, another the motor vehicle division, another the law enforcement division, and another the public transportation division. The motor vehicle division and the law enforcement division may be combined under one director. Other ancillary or service divisions may be set up by the Department as may be necessary for the efficient and economical operation of the Department and to carry out the functions and purposes of the Department. The Department is also authorized to process all payments for goods and services for the Interagency Council on Public Transportation.

B. The Department is authorized to develop a general public transportation plan and policy for the State in order to encourage the efficient development, implementation, operation, evaluation, and monitoring of public transportation systems, both public and private. All departments, boards, public authorities, or other agencies of the State or its political subdivisions, local government, transportation authorities, and other local public entities shall cooperate with the Department, provide assistance, data, and advice upon request. The Division of Highways and Administration within the Department of Transportation has the following duties and powers:

(1) lay out, build, and maintain public highways and bridges;

(2) acquire such lands and road building materials and rights-of-way as may be needed for roads and bridges by purchase, gift, or condemnation;

(3) cause the state highways to be marked with appropriate directions for travel and regulate the travel and traffic along such highways, subject to the laws of the State;

(4) number or renumber state highways;

(5) initiate and conduct such programs and pilot projects to further research and development efforts, and promote training of personnel in the fields of planning, construction, maintenance, and operation of the state highway system, the regulation of traffic thereon, the administration and enforcement of traffic, driver and motor vehicle laws and public transportation;

(6) cooperate with the federal government in the construction of federal-aid highways, in the development of improved mass transit service, facilities, equipment, techniques and methods and in planning and research in connection therewith; and seek and receive such federal aid and assistance as may from time to time become available except for funds designated by statute to be administered by the Chief Executive Officer of the State;

(7) instruct, assist, and cooperate with the agencies, departments and bodies politic and legally constituted agencies of the State in street, highway, traffic and mass transit matters when requested to do so, and, if requested by such government authorities, supervise or furnish engineering supervision for the construction and improvement of roads and bridges, provided such duties do not impair the attention to be given the highways in the state highway system;

(8) carry out highway and mass transit safety programs;

(9) license and register motor vehicles and administer the collection of license and registration fees and penalties;

(10) examine and license motor vehicle drivers;

(11) engage in driver training and safety activities;

(12) enforce the traffic, motor vehicle and related laws;

(13) promulgate such rules and regulations for the administration and enforcement of the powers delegated to the department by law, which rules and regulations shall have the full force and effect of law upon filing in accordance with the Administrative Procedures Act; and

(14) do all other things required or provided by law.

Section 57-3-35. It is the sense of the General Assembly that the Department of Highways and Public Transportation should comply with Section 105(f) of the Federal Surface Transportation Assistance Act of 1982 (STAA-1982). The department is directed to effectuate and assure the compliance through contract documents and regulations as may be necessary and such input from the Governor's Office (Office of Small and Minority Business Assistance) in the promulgation of the regulations.

Section 57-3-40. There is hereby created a division for erosion control which will operate under the supervision and control of the South Carolina Department of Highways and Public Transportation. The division shall be charged with research of methods of combatting erosion and of devising such means as will arrest the erosion of the shore line of the State, and of putting into effect the necessary controls. The commission may establish such administrative highway districts within the Division of Highways and Administration as in its opinion shall be necessary for the proper and efficient performance of its duties. The commission every ten years must review the number of districts and the territory embraced within the districts and make such changes as may be necessary for the proper and efficient operation of the districts.

Section 57-3-50. The South Carolina Department of Highways and Public Transportation shall organize the division to perform the duties required by Section 57-3-40, and is authorized to employ such professional and clerical assistance as may be necessary, consistent with such appropriations as may be provided by law for this purpose. The commission must develop a general mass transit program and policy for the State in order to encourage the efficient development, implementation, operation, evaluation, and monitoring of mass transit systems, both public and private. All departments, boards, public authorities, or other agencies of the State or its political subdivisions, local government, transportation authorities, and other local public entities must cooperate with the department, provide assistance, data, and advice upon request and must reimburse any such entity necessary cost in the event of any expense.

The term mass transit shall mean every conveyance of human passengers by bus, van, or any other ground surface vehicle which is provided to the general public, or selected groups thereof, on a regular and continuing basis.

Section 57-3-70. The Department of Transportation should comply with Section 105(f) of the Federal Surface Transportation Assistance Act of 1982 (STAA-1982). The department is directed to effectuate and assure the compliance through contract documents and regulations as may be necessary and such input from the Governor's Office (Office of Small and Minority Business Assistance) in the promulgation of the regulations."

SECTION 4. Article 5, Chapter 3, Title 57 of the 1976 Code is amended to read:

Section 57-3-410. The Executive Director of the Department of Highways and Public Transportation shall be appointed by the State Highway and Public Transportation Commission to serve for a four-year term. A person appointed to this position shall be a citizen of practical and successful business and executive ability. His compensation shall be fixed by the Commission. The right to remove or discharge a person holding the position of Executive Director of the Department of Highways and Public Transportation shall be reserved to the Commission. (A) The secretary is the executive and administrative head of the Department of Transportation. He must carry out the policies and administer the affairs of the department. He must represent the department in its dealings with other state agencies, local governments, special districts, and the federal government.

(B) The secretary may employ such personnel as may be authorized by statute and for which funds have been authorized in the annual general appropriation act.

Section 57-3-420. The Executive Director of the Department of Highways and Public Transportation shall take and return the oath of office as prescribed for all State officers. Immediately upon qualification for office he shall give bond to the State in the sum of fifty thousand dollars for the faithful performance of his duties. Within the Division of Highways and Administration the secretary shall designate that:

(A) One commissioner is responsible for the operation and management of highway districts, including the implementation of uniform departmental policies, rules, procedures, and standards in order to ensure that each highway district uses its resources in an efficient and effective manner. This commissioner is the direct supervisor of each district director and must annually develop a needs assessment plan for administrative district offices to be reviewed by the commission; and

(B) The other commissioner is responsible for the operation and management of each bureau, including establishing uniform departmental policies, rules, procedures, and standards in order to ensure uniform compliance and quality performance. The commissioner is the direct supervisor of each bureau director and must annually develop a needs assessment plan for each bureau which must be reviewed by the commission. If the secretary is unable, absent, or fails to perform his required duties, he must perform the duties of the secretary.

Section 57-3-430. The Executive Director of the Department of Highways and Public Transportation shall be the executive and administrative head of the South Carolina Department of Highways and Public Transportation. He shall carry out the policies defined by the State Highway and Public Transportation Commission and shall administer the affairs of the Department. When the Commission shall not be in session, the said Executive Director of the Department of Highways and Public Transportation shall have and may exercise all powers belonging to the Commission.

Section 57-3-440. The Executive Director of the Department of Highways and Public Transportation may appoint such assistants, deputies and employees as he considers necessary to the proper administration of the affairs of the Department and may prescribe their duties, powers and functions. The commission must appoint a district director for each administrative district. The compensation of the district directors must be established in accordance with state law and regulation. The district director is the chief administrative officer of an administrative district and serves at the pleasure of the secretary. He is responsible for coordinating and managing all aspects of the department's operations at the administrative district level, including personnel, budgeting, and strategic planning, except as limited by Section 57-2-10(7).

Section 57-3-450. There shall be a Secretary-Treasurer of the Department. The Secretary-Treasurer shall be the fiscal officer of the Department, who shall, in addition to his duties as fiscal officer, record the proceedings of the Commission. The Secretary-Treasurer shall be appointed by the Commission to serve in office at the pleasure of the Commission. His compensation shall be fixed by the Commission.

Section 57-3-460. The Secretary-Treasurer shall, before entering upon the duties of his office, give bond to the State in the sum of fifty thousand dollars for the faithful performance of his duties. He shall take and return the oath of office as prescribed for all State officers. The bureaus established in Section 57-3-30 must be administered by a bureau director who shall serve at the pleasure of the secretary. The responsibilities and duties of the following bureau directors must include, but not be limited to, the following:

(1) Director of Finance and Administration:

a. financial planning and management;

b. accounting systems necessary to comply with all federal and/or state laws and/or regulations as well as all policies established by the Comptroller General; and

c. administrative functions, including developing policy and procedures to ensure compliance with the provisions of this item;

(2) Director of Construction, Engineering, and Planning:

a. development of statewide strategic highway plans;

b. construction, design, construction oversight, and maintenance of state highways;

c. acquisition and management of transportation rights-of-ways;

(3) Director of Motor Vehicle Services:

a. development of statewide motor vehicle services,including licensing, registration, and titling of motor vehicles;

(4) Director of Mass Transit:

a. development of statewide modal system plan, including mass transit systems;

(5) Director of Inspections, Certification, Compliance, and Permits:

a. administer all statutes and regulations that authorize or require the department to issue or regulate permits or licenses other than driver's licenses;

b. administers programs necessary to enforce compliance with statutes, regulations, and department policy governing weight, size, length, width, and height requirements and limitations; the conditions or qualifications established in the issuance of department permits or licenses as herein specified and the forfeiture of any records, licenses, or other property under the department's jurisdiction; and

c. inspection and investigation of any business or activity which the department by law is required to regulate.

The secretary is required to transfer all programs, activities, or personnel which are necessary to comply with the provisions of this section; and

(6) Director for Law Enforcement:

a. enforcement of motor vehicle and traffic safety laws.

Section 57-3-470. There shall be a State Highway Engineer. The State Highway Engineer shall be the administrative head of the engineering division and, as such, shall direct the highway engineering work of the Department and the activities of said engineering division. The Engineer shall be appointed by the Commission to serve in office at the pleasure of the Commission. His compensation shall be fixed by the Commission. A person appointed to the position of State Highway Engineer shall be a competent engineer, skilled and experienced in highway planning, design, construction and maintenance, and shall be an engineering graduate of a college or university with an accredited course in engineering. The selection of the Engineer may be based upon a civil service examination, under rules and regulations to be made and promulgated by the Commission. The Engineer shall take and return the oath of office as prescribed for all State officers. The commission is charged with the responsibility of continually reviewing and monitoring the Division of Highways and Administration's programs and policies, including all independent and external audits. The commission must publish a summary of its findings and any resulting corrective action taken in the department's annual report.

Section 57-3-480. Appointments of persons to employment within the Department and promotions, demotions, transfers, separations, leaves and similar matters may be based upon a merit system of personnel administration which the Department may institute pursuant to rules and regulations promulgated therefor by the Commission. (A) There is established an office of ombudsman which must be located within the department. The secretary must appoint an ombudsman who shall report to and serve at the pleasure of the commission.

(B) The ombudsman is authorized to receive and investigate any problem or complaints on behalf of any interested individual relating to the department. He shall have the authority to carry out any such investigation and to request and receive written statements, documents, exhibits, and other items pertinent to the investigation. At the conclusion of any such investigation, he may issue such report and recommendations to the commission as in his opinion and will assist the department in approving its operation.

Section 57-3-490. The Department may furnish all necessary first aid to employees of the Department who may be injured while engaged in the discharge of official duties assigned them by the Department. Such first aid may consist of medical and surgical attention ordinarily incident to physical injuries of the kind sustained, together with necessary hospitalization. Claims for medical and surgical attention for hospital care given employees of the Department on account of injuries of the kind contemplated in this section may be submitted directly to the Department for payment after verification. But if any such claim may in the judgment of the Department appear excessive in amount, considering the character and extent of the service rendered, then such claim shall be submitted to the Department of Health and Environmental Control for examination as to reasonableness, and the Department shall pay on account of the claim only such amounts as the Department of Health and Environmental Control may approve as reasonable and proper under the circumstances and shall not be liable on account of such claim.

Section 57-3-500. The Department may pay from State highway funds claims of employees of the Department, arising under the provisions of the Workers' Compensation Law, which are recommended for payment by the Department and have the approval of the South Carolina Workers' Compensation Commission. The department may pay from state highway funds claims of employees of the department, arising under the provisions of the Workers' Compensation Law, which are recommended for payment by the department and have the approval of the Workers' Compensation Commission.

Section 57-3-510. Sections 57-3-490 and 57-3-500 have no purpose other than to authorize the Department to give reasonable attention to its employees who may be injured in the discharge of their official duties and leave with the Department full discretion to determine the reasonable necessities in each case. None of the provisions thereof shall serve to increase any responsibility or liability imposed upon the Department by existing laws, nor shall they affect or impair in any way the effects or operation of the State workers' compensation laws. Section 57-3-520. Legal representation for the Department of Highways and Public Transportation's workers' compensation claims program shall be provided by a chief claims counsel and such staff attorneys as are necessary, to be appointed by the Executive Director of the Department of Highways and Public Transportation with the approval of the Attorney General. Any extra legal services that may be required shall be performed by attorneys selected by the Executive Director of the Department of Highways and Public Transportation with the approval of the Attorney General. The Department is authorized to retain independent adjusters for purposes of investigating and adjusting claims and suits arising under workers' compensation, motor vehicle damage and personal injury damage programs involving Department liability exposure and recovery potential. Expenses for the administration and implementation of this section shall be paid from the State Highway Fund. The secretary shall have the authority, with the approval of the Attorney General, to employ a chief counsel and such staff attorneys and support staff as are necessary, to represent the department in legal matters, including workers' compensation, condemnation procedures, and other such litigation; such representation shall be under the jurisdiction and control of the Attorney General. Any extra legal services that may be required shall be performed by attorneys selected by the secretary with the approval of the Attorney General. The department is authorized to retain independent adjusters for purposes of investigating and adjusting claims and suits arising under workers' compensation, motor vehicle damage, and personal injury damage programs involving department liability exposure and recovery potential. Expenses for the administration and implementation of this section shall be paid for from the State Highway Fund."

SECTION 5. Article 7, Chapter 3, Title 57 of the 1976 Code is amended to read:

Section 57-3-610. The Department of Highways and Public Transportation may:

(1) Lay out, build and maintain public highways and bridges;

(2) Acquire such lands and road building materials and rights of way as may be needed for roads and bridges by purchase, gift or condemnation;

(3) Cause the state highways to be marked with appropriate directions for travel and regulate the travel and traffic along such highways, subject to the laws of the State;

(4) Initiate and conduct research programs and pilot projects to further research and development, and promote training of personnel in the fields of planning, construction, maintenance and operation of the state highway system, the regulation of traffic thereon, the administration and enforcement of traffic, driver and motor vehicle laws and public transportation;

(5) Cooperate with the federal government in the construction of federal-aid highways, in the development of improved public transportation service, facilities, equipment, techniques and methods and in planning and research in connection therewith; and seek and receive such federal aid and assistance as may from time to time become available except for funds designated by statute to be administered by the Chief Executive Officer of the State;

(6) Instruct, assist and cooperate with the agencies, departments and bodies politic and legally constituted agencies of the State in street, highway, traffic and public transportation matters when requested to do so, and, if requested by such government authorities, supervise or furnish engineering supervision for the construction and improvement of roads and bridges, provided such duties do not impair the attention to be given the highways in the state highway system;

(7) Carry out highway and public transportation safety programs;

(8) License and register motor vehicles and administer the collection of license and registration fees and penalties;

(9) Examine and license motor vehicle drivers;

(10) Engage in driver training and safety activities;

(11) Enforce the traffic, motor vehicle and related laws;

(12) Promulgate such rules and regulations for the administration and enforcement of the powers delegated to Department by law, which rules and regulations shall have the full force and effect of law upon filing according to law; and (13) Do all other things required or provided by law. Whenever a road, bridge, or other highway facility is dedicated and named in honor of an individual by act or resolution of the General Assembly, the Department of Transportation must be reimbursed all expenses incurred by the department to implement the dedication.

Reimbursement for expenses incurred by the department must first be approved by a majority of each county legislative delegation in which the road, bridge, or facility is located. Reimbursement must be from the State Secondary `C' Apportionment Fund of the county or counties in which the road, bridge, or facility is located, and expenses under this section are limited to five hundred dollars.

Reimbursement for expenses incurred by the department to name and dedicate a highway facility pursuant to a request from other than the General Assembly must be by agreement between the requesting entity and the department.

Section 57-3-620. The Department department may enter into such contracts as may be necessary for the proper discharge of its functions and duties and may sue and be sued thereon.

Section 57-3-630. The Department department may bring suits in its name, whenever a cause of action shall accrue to the State by reason of the injury, damage, destruction, or obstruction of any road in the State state highway system, any bridge, culvert, ditch, causeway, embankment, wharf, tollgate, tollhouse, or other facility or any equipment, apparatus, or property, real or personal, belonging to the State state highway system. It may also bring suits in its name whenever subrogation shall arise by reason of payments made to officers or employees of the Department department pursuant to the Workers' Compensation Law. Suits for the recovery of appropriate damages, and other proceedings incident thereto, shall be instituted in any court of competent jurisdiction, for and in behalf of the State state in the name of the Department department as plaintiff. Complaints and other pleadings requiring verification may be verified by the Executive Director of the Department of Highways and Public Transportation secretary or any other person duly authorized by him.

Section 57-3-640. The Department department may construct and maintain necessary driveways and roads in State state parks. All work to be performed by the Department department pursuant to the provisions of this section shall be with the consent and approval of the Department of Parks, Recreation and Tourism, and such work shall not result in the assumption by the Department department of any liability whatsoever on account of damages to property, injuries to persons or death growing out of or in any way connected with such work. Such driveways and roads taken over in State state parks shall not affect the respective counties' portion of mileage to be taken over by the Department department under any other statute. The construction and maintenance work by the Department department authorized by this section shall be paid for from the State state highway fund.

Section 57-3-650. (a) Highway construction and maintenance by the South Carolina Department of Highways and Public Transportation department as authorized in this Title title shall include the authority to acquire strips of land along highways and to landscape and develop the strips and other lands within the highway right of way right-of-way in order to restore, preserve, and enhance the scenic beauty along the highways. The Department department may construct and maintain on such land public rest and recreational areas, roadside parks, sanitary and other facilities reasonably necessary to accommodate the traveling public.

(b) In order to provide information in the specific interest of the traveling public, the South Carolina Department of Highways and Public Transportation department is authorized to construct and maintain such information centers at the aforesaid recreational and rest areas as it may deem desirable. For the purpose of informing the public of places of interest within the State and providing such other information as may be considered desirable, these centers shall distribute maps, informational directories and advertising pamphlets. Information centers shall be staffed by persons hired and paid by the Department of Parks, Recreation and Tourism.

(c) The South Carolina Department of Highways and Public Transportation department is authorized to enter into agreements with the United States Secretary of Commerce as provided for in Title 23 of the United States Code, relating to the establishment and operation of information centers at rest and recreational areas, and to take action in the name of the State to comply with the terms of such agreements.

Section 57-3-660. The Department department may hard surface and otherwise improve such streets, roads and driveways, including sidewalks, at State state institutions as the Department department, together with the board of trustees or other governing body of any such State state institution, may deem necessary. The cost of such improvements shall be paid for out of the State state highway fund.

Section 57-3-670. The Department department shall may cooperate and enter into contracts with the United States Bureau of Public Roads and do any and all things necessary to carry out the provisions of the any Federal-Aid Highway Act mentioned in Section 57-1-20 and amendments thereto, including, but not limited to, the planning, construction, and maintenance of Federal-aid federal-aid highways, access roads, flight strips and all other eligible projects, regardless of whether such projects are a part of the State state highway system and may condemn or otherwise acquire lands necessary for rights of way rights-of-way in connection therewith under the procedure prescribed by law in condemning and acquiring lands for State state highway purposes.

Section 57-3-680. If any such project to be constructed under the provisions of Section 57-3-670 is not a part of the State state highway system, no part of the actual costs of right of way right-of-way, construction, or maintenance shall be paid for from State state highway funds. Any political subdivision having jurisdiction over a project not a part of the State state highway system shall deposit with the Department department its estimated share of the cost of such project before the contract is awarded, except that State state highway funds may be advanced to meet current payments to contractors and others when existing agreements provide for reimbursements by the Federal Government federal government of such funds advanced by the Department department. Article 13 of Chapter 5 of this Title title shall not apply to any project that is not a part of the State state highway system.

Section 57-3-690. Whenever the Department department shall with Federal federal funds, undertake the construction of any county road or shall, in anticipation of Federal federal funds becoming available for such purpose, establish the location of any such road, the lawfully authorized officials of the county concerned shall provide, without cost to the Department department, all necessary rights of way rights-of-way for such construction, including lands for borrow and material pits. In order to secure such rights of way rights-of-way and other necessary lands such county officials may exercise any or all of the usual powers of condemnation lawfully authorized to be exercised by them in the case of other county roads.

Section 57-3-700. With the approval of the Highways and Public Transportation Commission commission, the county officials may designate the Department department, acting through its agents and employees, as agents of the county in securing necessary rights-of-way and other lands.

Section 57-3-710. All payments to be made or obligated on account of rights of way rights-of-way and other lands acquired for the purposes contemplated by Section 57-3-690 shall be made by the county on order of the Department department. Any person having any claim on account of damages to property, injuries to person or death growing out of any such construction as is contemplated in said section shall have such right of action against the county concerned as is authorized by law, and the remedy thus afforded shall be exclusive.

Section 57-3-720. The South Carolina Department of Highways and Public Transportation department is authorized to construct and maintain street and road access facilities to State state ports shipping and warehousing facilities, airports, railroad marshalling yards and trucking terminals, the cost of same to be paid from the State state highway fund; provided, however, that all such construction and maintenance shall be limited to work on publicly owned property.

Section 57-3-730. The Department department may cooperate with any drainage district within the State, organized in accordance with the laws of the State, in order to carry drainage canals across State state highways. But the cost to be assumed by the Department department incident to any such crossing shall not exceed the actual cost of the structure necessary to carry the waters of the drainage canal across the State state highway.

Section 57-3-750. A full account of each road project shall be kept by the Department department so that it may ascertain at any time the expenditures or liabilities against all projects. The Department department shall also keep records of contracts and force account work. The account records, together with all supporting documents, shall be open at all times to the inspection of the Governor, or other proper State state officials, or their agents and the public.

Section 57-3-760. The Department department shall, during each regular session of the General Assembly, make a full, printed, detailed report to the General Assembly showing an analysis of:

(a) the department's accomplishments in the past year; and

(b) a ten-year plan detailing future needs of the State in the fields of planning, construction, maintenance, and operation of the state highway system,;

(c) a five-year plan detailing the regulation of traffic thereon which includes, the administration and enforcement of traffic, driver and motor vehicle laws and other laws relating to such subjects, the coordination of state and federal programs relating to public transportation mass transportation among the departments, agencies and other bodies politic and legally constituted agencies thereof in the State,;

(d) a listing of all firms, companies, or businesses of any type doing business with the department and the amount of such contracts entered into by the department; and

(e) an accounting detail relating to receipts of gasoline taxes and motor vehicle license fees, disbursements of the Department department and such other data as may be of interest in connection with the work of the Department department.

Section 57-3-770. The South Carolina Department of Highways and Public Transportation The department when cleaning or removing dirt and topsoil from ditches or roadbeds along roads, highways, and highway rights-of-way under its jurisdiction is authorized to give this dirt and topsoil to the landowner whose property adjoins the road which is being cleaned. The Department department is further authorized to haul this dirt and topsoil to a location on the adjoining landowner's property which location is designated by him; provided, that this location must be within one hundred yards of the road being cleaned.

Section 57-3-790. The terms `highway', `street' and `road' as used in this title shall be general terms denoting a public way for the purpose of vehicular travel, including the entire area within the right-of-way, and the terms shall include roadways, pedestrian facilities, bridges, tunnels, viaducts, drainage structures and all other facilities commonly considered component parts of highways, streets, or roads. The term `roadway' shall mean that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the shoulder or berm. In the event a highway includes two or more separate roadways, the term `roadway' as used herein shall refer to any such roadways separately but not to all such roadways collectively."

SECTION 6. Article 1, Chapter 11, Title 57 of the 1976 Code is amended to read:

Section 57-11-10. The expression `accident claims,' as used in this article, means all claims against the South Carolina Department of Highways and Public Transportation department as provided for by law, except contractual claims. The expression `gasoline tax,' as used in this article, includes taxes for the privilege of selling, consigning, using, shipping, or distributing gasoline or any substitute therefor or combination thereof, usable in internal combustion engines for the generation of power.

Section 57-11-20. All revenues and income expendable by the Department may be consolidated into one fund to be known as the "State Highway Fund," and, except as to moneys utilized by the State Treasurer for the payment of principal or interest on State highway bonds as authorized by Section 57-11-250, shall be paid out upon the authority of the Commission, on warrants of the Department approved by the Executive Director of the Department of Highways and Public Transportation or such bonded officers or employees as may be designated by the Executive Director of the Department of Highways and Public Transportation, and in the manner, and only for the several purposes, provided by law in respect to such funds. (A) All revenues dedicated by statute to the operation of the department may be consolidated into one fund to be known as the `State Highway Fund'. The `State Highway Fund' shall be held and managed by the State Treasurer separate and distinct from the General Fund, except as to monies utilized by the State Treasurer for the payment of principal or interest on state highway bonds as authorized by Section 57-11-250, and shall be paid out upon the authority of the commission, on warrants of the department approved by the secretary or employees as may be designated by the secretary, and in the manner, and only for the several purposes, provided by law in respect to such funds.

(B) Beginning July 1, 1992, the department must process all payment for goods and services through the Comptroller General's office.

(C) Beginning January 1, 1993, the department shall process the payment for all personnel services through the Comptroller General's office.

(D) The Comptroller General must issue written instructions to the department to carry out the intent of this section and the provisions of subitem (B) of item (1) of Section 57-3-460. The department must fully cooperate with the Comptroller General in the implementation of this section.

Section 57-11-30. The Department may set aside and deposit in its name a revolving fund, and all payments from such fund shall be restored to the fund by vouchers drawn on the Comptroller General against the Highways and Public Transportation Fund. Subject to the requirements and limitations established by the Comptroller General, the department may set aside and deposit in its name a revolving fund, and all payments from such fund shall be restored to the fund by vouchers drawn on the Comptroller General against the Highways and Public Transportation Fund.

Section 57-11-40. Not more than sixty days prior to the beginning of each fiscal year 1991-92 the Department department shall make an estimate of the revenues to be received by the Department department during such fiscal year, and after deducting therefrom the amounts required by the State Treasurer for the payment of the principal and interest on State state highway bonds due or falling due in such year, it shall estimate the amounts required for the payment of the expenses of the Department department for such fiscal year, including all expenses for administration, operation, collection of revenues, payment of accident claims, and law enforcement.

Section 57-11-50. From the remainder of such revenues and receipts of such fiscal year 1991-92 as estimated pursuant to Section 57-11-40, after paying the sum appropriated by said section, there is hereby appropriated a sum sufficient to maintain the highways of the State state highway system for such year in a sound and serviceable condition. Any surplus of such estimated revenues and receipts for the fiscal year, including available balances brought forward from previous years, is hereby appropriated for the construction, reconstruction, and maintenance of State state highways and for the payment of other expenses of the Department department.

Section 57-11-60. The Department department, until June 30, 1992, may issue duplicate checks, drafts, warrants, or vouchers upon receipt of a competent indemnity bond executed by the payee and guaranteed by a responsible person, and the Department department may also execute indemnity bonds when, necessary to secure the issuance of duplicate checks payable to the Department department, the originals of which have been lost.

Section 57-11-70. Beginning with the fiscal year which ends June 30, 1993, the The books and accounts of the Department department shall be audited at least once a year by a certified public accountant or firm of certified public accountants, to be designated by the Governor State Auditor and the Comptroller General, and a report of the audit shall be made annually to the General Assembly. The costs and expenses of such annual audit shall be paid by the Department department out of its funds.

Section 57-11-80. The General Assembly hereby approves, ratifies, confirms and validates all outstanding indebtedness incurred for highway purposes prior to June 13, 1951, including:

(1) All State highway certificates of indebtedness;

(2) All State highway bonds; and districts and bridge districts;

And directs the payment thereof, according to their tenor and obligation, except that, in the case of reimbursement agreements securing outstanding bonds or other obligations, the South Carolina Department of Highways and Public Transportation may, in its discretion, make payments due on account of such agreements directly to the paying agent of the outstanding bonds or other such outstanding obligations. The department shall adopt a budget in accordance with the provisions of Chapters 9 and 11 of Title 11.

Section 57-11-90. (1) The State Treasurer is authorized to establish an irrevocable trust with any bank having a suitable trust department an irrevocable trust for the payment of the principal and interest of all State outstanding state highway bonds to be outstanding on July 1, 1968, and to deposit in the trust fund a sum equal to the aggregate of the principal and interest requirements of the bonds. The trust may provide that it may be invested and reinvested in obligations of the United States or any agency thereof, but with maturities consonant with the need for funds, and any income thereof not required for the payment of the principal and interest of the bonds shall be remitted to the State Highway Department department annually and shall become a part of its general highway fund. The trust instrument shall impose upon the trustee thereof the duty to make the sums required for the payment of principal and interest available to the paying agent of the outstanding bonds not later than five days preceding the several principal and interest payment dates. The State Treasurer shall be empowered to execute any and all documents necessary to implement the authorization granted by this section.

(2) When the trust authorized by subsection (1) of this section shall become effective, all remaining funds in the sinking fund established by Section 33-265 of the Code of Laws of South Carolina, 1962, shall upon request of the State Highway Department be paid to and become a part of the general highway fund of the State Highway Department.

(3) Section 33-265 of the Code of Laws of South Carolina, 1962, shall not apply to any State highway bonds and certificates of indebtedness issued subsequent to July 1, 1968."

SECTION 7. Title 57 of the 1976 Code is amended by adding:

Section 57-6-10. There is established a Division of Public Railways within the Department of Transportation.

Section 57-6-30. The Department of Transportation Commission shall have the following powers and duties in regard to the Division of Public Railways:

(1) the power of a body corporate, including the power to sue and be sued, to make contracts and to adopt and use a common seal and alter it as may be deemed expedient;

(2) to acquire by purchase or donation and to own, rent, lease, mortgage, and dispose of such property, real or personal, as the commission may deem proper to carry out the purposes and provisions of this chapter, any or all of them;

(3) to operate, maintain, and control the tracks and equipment transferred to it by the South Carolina State Ports Authority, or any other person, and be governed by rules and regulations of the Interstate Commerce Commission by virtue of Class 2 Certificate issued to the Ports Commission and the Port Terminal Railroad of South Carolina;

(4) to acquire, construct, maintain, equip, and operate connecting, switching, terminal, or other railroads. The term `railroad' as used in this chapter shall include, but not be limited to, tracks, spurs, switches, terminal, terminal facilities, roadbeds, rights-of-way, bridges, stations, railroad cars, locomotives, or other vehicle constructed for operation over railroad tracks, crossing signs, lights, signals, storage, administration and repair buildings, and all structures and equipment which are necessary for the operation of the railroad;

(5) to exercise the power of eminent domain by and in the name of the commission. The commission also may acquire the rights-of-way of abandoned railroads by gift or purchase;

(6) to employ such personnel as may be needed who must serve at the pleasure of the secretary and to provide for their compensation;

(7) to issue revenue bonds, including notes, bonds, refunding bonds, and other obligations authorized to be issued by this chapter, to defray the cost of acquisition, by purchase, construction or condemnation, of connecting, switching, terminal or other railroads, and necessary equipment, payable both as to principal and interest from the revenues to be derived from the operation of such railroads; provided, that all revenue bonds issued by the commission shall be issued in accordance with the provisions of Sections 57-6-60 through 57-6-180;

(8) to do all things necessary and required to accomplish the purposes of this chapter.

Section 57-6-40. The South Carolina State Ports Authority shall, as soon as practicable, transfer to the commission its common carrier Class 2 switching railroad operations that are currently under the jurisdiction of the Interstate Commerce Commission.

This transfer includes tracks, yards, equipment, trackage rights, franchise, licenses, leases, agreements, and labor contracts connected with the above railroad operations. Tracks comprise approximately seventeen miles of main yard and line tracks as reported in the latest annual report to the Interstate Commerce Commission. Tracks do not include railroad sidings serving a single user.

Section 57-6-50. In addition to the powers and duties of the commission as specified by Section 58-6-30, when it shall appear that the acquisition, by purchase, construction, condemnation or donation, and operation of additional connecting, switching, terminal or other railroads are desirable in the public interest to promote and foster economic growth and development, the commission may, with the approval of the State Budget and Control Board, extend its operations, provided, that if such extension includes extension of mainline trackage, the common carrier railroads operating in the State shall have declined to agree to provide such facilities within six months after having been requested to do so by the commission and the Budget and Control Board and provided the financing for such extensions is approved by the Budget and Control Board pursuant to the provisions of this chapter.

Section 57-6-60. All bonds issued by the commission under authority of this chapter shall be limited obligations of the commission, the principal of and interest on which shall be payable solely out of the revenues derived from the operation of the railroads authorized by this chapter which the bonds are issued to finance. Bonds and interest coupons issued under authority of this chapter shall not constitute an indebtedness of the commission, the State of South Carolina, or any political subdivision thereof, within the meaning of any state constitutional provision or statutory limitation and shall not constitute nor give rise to a pecuniary liability of the same or a charge against the general credit of the commission or against the full faith, credit or taxing power of the State of South Carolina, or a political subdivision thereof, and such fact shall be plainly stated on the face of each bond. Such bonds may be executed and delivered at any time as a single issue or from time to time as several issues, may be in such form and denominations, may be of such tenor, may be in registered or bearer form either as to principal or interest or both, may be payable in such installments and at such time or times not exceeding forty years from their date, may be subject to such terms of redemption, may be payable at such place or places, may bear interest at such rate or rates payable at such place or places and evidenced in such manner, and may contain such provisions not inconsistent herewith, all of which shall be provided in the proceedings of the commission authorizing the bonds. Any bonds issued under the authority of this chapter may be sold at a public or private sale at such price and in such manner and from time to time as may be determined by the commission to be most advantageous, and the commission may pay, as a part of the cost of acquiring any railroad and necessary equipment, and out of the bond proceeds, all expenses, premiums, and commissions which the commission may deem necessary or advantageous in connection with the authorization, sale, and issuance thereof. All bonds issued under the authority of this chapter except registered bonds, registered otherwise than to the bearer and all interest coupons appurtenant thereto shall be construed to be negotiable instruments, despite the fact that they are payable solely from a specified source. The proceedings authorizing the issuance of bonds may provide for the issuance, in the future, of further bonds on a parity with those initially issued, but such proceedings shall preclude the issuance of bonds or any obligations of any sort secured by a lien prior to the lien of the bonds or bonds afterwards issued on a parity with the bonds.

Pending the issuance of bonds, bond anticipation notes may be issued, and to the end that a vehicle be provided therefor, the provisions of Sections 11-17-10 through 11-17-110, as now or hereafter amended, shall be applicable to such bond anticipatory borrowing.

Section 57-6-70. The principal of and interest on any bonds issued under the authority of this chapter shall be secured by a pledge of the revenues from which such bonds shall be payable, and may be secured by a trust indenture covering all or any part of the railroad and necessary equipment from which the revenues so pledged are derived. The proceedings under which such bonds are authorized to be issued or any such trust indenture may contain any agreements and provisions customarily contained in instruments securing bonds, including, without limiting the generality of the foregoing, provisions respecting the fixing and collection of revenues for any railroad covered by such proceedings or trust indenture, the maintenance and insurance of the railroad and necessary equipment, the creation and maintenance of special funds from the revenues of the railroad, and the rights and remedies available in the event of default to the bondholders or to the trustee under trust indenture, all as the commission shall deem advisable and as shall not be in conflict with the provisions of this chapter; provided, however, that in making any such agreements or provisions the commission shall not have the power to obligate itself except with respect to the railroad and necessary equipment and the application of the revenues therefrom, and shall not have the power to incur a pecuniary liability or a charge upon its general credit or against the full faith, credit or taxing power of the State of South Carolina or any political subdivision thereof. The proceedings authorizing any bonds hereunder and any trust indenture securing such bonds may provide that, in the event of default in payment of the principal of or the interest on such bonds or in the performance of any agreement contained in such proceedings or trust indenture, such payment and performance may be enforced by mandamus or by the appointment of a receiver in equity with power to charge and collect revenues and to apply the revenues from the railroad in accordance with such proceedings or the provisions of such trust indenture. Any such trust indenture may provide also that in the event of default in payment or the violation of any agreement contained in the trust indenture, it may be foreclosed by proceedings at law or in equity, and may provide that any trustee under the trust indenture or the holder of any of the bonds secured thereby may become the purchaser at any foreclosure sale, if he is the highest bidder. No breach of any such agreement shall impose any pecuniary liability upon the commission or any charge upon its general credit or against the full faith, credit or taxing power of the State of South Carolina, or any political subdivision thereof.

The trustee or trustees under any trust indenture, or any depository specified by such trust indenture, may be such persons or corporations as the commission shall designate, notwithstanding that they may be nonresidents of South Carolina or incorporated under the laws of the United States or the laws of other states of the United States.

Section 57-6-80. Contracts for the construction of any railroad, or the purchase of any necessary equipment, may be let on such terms and under such conditions as the commission shall prescribe and may be let with or without advertisement or call for bids therefor.

Provided, however, that after the acquisition by construction of the railroad has been completed and the railroad has been placed into service the provisions of Section 1-1-440 shall apply.

Section 57-6-90. Prior to undertaking the acquisition of any railroad and necessary equipment, the commission shall find: that the acquisition of the railroad and necessary equipment is desirable in the public interest to promote and foster economic growth and development; that the common carrier railroads operating in the State shall have declined to agree to provide such railroad and necessary equipment within six months after having been requested to do so by the commission and the Budget and Control Board; that the acquisition of the railroad and necessary equipment will give rise to no pecuniary liability of the commission or a charge against its general credit or a charge against the full faith, credit or taxing power of the State of South Carolina or any political subdivision thereof; the amount of bonds required to finance the acquisition of the railroad and necessary equipment; the amount necessary in each year to pay the principal and interest on the bonds proposed to be issued to finance the acquisition of the railroad and necessary equipment; the amount necessary to be paid each year into any reserve funds which the commission may deem it advisable to establish in connection with the retirement of the proposed bonds and the operation and maintenance of the railroad and necessary equipment; and the estimated cost of maintaining the railroad and necessary equipment in good repair and keeping them properly insured. The determinations and findings of the commission required to be made above shall be set forth in the proceedings under which the proposed bonds are to be issued, and the commission shall certify in writing such determinations and findings to the Budget and Control Board before the issuance of such bonds.

Section 57-6-100. The commission shall have the power to provide that the bond proceeds shall be disbursed by the trustee bank or banks during construction upon the estimate, order or certificate of the designated construction engineer and the authorized representative of the commission. In making such agreements or provisions the commission shall not have the power to obligate itself except with respect to the railroad and necessary equipment and the application of the revenues therefrom, and shall not have the power to incur a pecuniary liability or a charge upon the general credit of the commission or against the full faith, credit or taxing power of the State of South Carolina or a political subdivision thereof.

Section 57-6-110. The books and financial records of any additional acquisition authorized under this chapter shall be kept separate and apart from books and records of other divisions within the department.

Section 57-6-120. The proceeds from the sale of any bonds issued under authority of this chapter shall be applied only for the purpose for which the bonds were issued; provided, however, that any premium and accrued interest received in any such sale shall be applied to the payment of the principal of or the interest on the bonds sold; and provided, further, that if for any reason any portion of the proceeds shall not be needed for the purpose for which the bonds were issued, such unneeded portion of the proceeds shall be applied to the payment of the principal of or the interest on the bonds. The cost of acquiring any railroad or necessary equipment shall be deemed to include the following: the actual cost of the construction of any part of the railroad which may be constructed, including architects' and engineers' fees; the purchase price of any part of railroad or necessary equipment that may be acquired by purchase; all expenses in connection with the authorization, sale, and issuance of the bonds to finance such acquisition; and the interest on the bonds for a reasonable time prior to construction, during construction and for not exceeding one year after completion of the construction.

Section 57-6-130. Any bonds issued hereunder and at any time outstanding may at any time and from time to time be refunded by the commission, but only with the approval of the State Budget and Control Board being first obtained, by the issuance of its refunding bonds in such amount as the commission may deem necessary but not exceeding an amount sufficient to refund the principal of the bonds to be refunded, together with any unpaid interest thereon and any premiums, expenses and commissions necessary to be paid in connection therewith. Any such refunding may be effected whether the bonds to be refunded have matured or shall thereafter mature, either by sale of the refunding bonds and the application of the proceeds for the payment of the bonds to be refunded, or by exchange of the refunding bonds for the bonds to be refunded thereby; provided, that the holders of any bonds to be refunded shall not be compelled without their consent to surrender their bonds for payment or exchange prior to the date on which they are payable, or, if they are called for redemption prior to the date on which they are by their terms subject to redemption. All refunding bonds issued under the authority of this chapter shall be payable in the same manner and under the same terms and conditions as are herein granted for the issuance of bonds. In addition to the powers herein granted for the issuance of refunding bonds the commission may avail themselves of the provisions of Sections 11-21-10 through 11-21-80, (the Advanced Refunding Act).

Section 57-6-140. It shall be lawful for all executors, administrators, guardians, committees, and other fiduciaries to invest any monies in their hands in bonds issued under the provisions of this chapter.

Section 57-6-150. The bonds authorized by this chapter and the income therefrom, all trust indentures executed as security therefor, and all railroads and necessary equipment so long as owned by the commission and the revenue derived therefrom shall be exempt from all taxation in the State of South Carolina except for inheritance, estate, or transfer taxes; and all trust indentures made pursuant to the provisions of this chapter shall be exempt from South Carolina stamp and transfer taxes.

Section 57-6-160. No bonds shall be issued pursuant to the provisions of this chapter until the proposal of the commission to issue the bonds shall receive the approval of the State Budget and Control Board. Whenever the commission shall propose to issue bonds pursuant to the provisions of this chapter, it shall file its petition with the State Budget and Control Board setting forth: (a) a brief description of the railroad and necessary equipment proposed to be acquired and its anticipated effect upon the economy of the area in which the railroad is to be located and of the areas adjacent thereto; (b) a reasonable estimate of the cost of the acquisition of the railroad and necessary equipment; and (c) a general summary of the terms and conditions of the trust indenture. Upon the filing of the petition the State Budget and Control Board shall, as soon as practicable, make such independent investigation as it deems advisable, and if it finds that the acquisition of the railroad and necessary equipment is intended to promote the purposes of this chapter and is reasonably anticipated to effect such result, it shall be authorized to approve the acquisition of the railroad and necessary equipment and at any time following such approval, the commission may proceed with the acquisition and financing of the railroad and necessary equipment. Notice of the approval of the acquisition of the railroad and necessary equipment by the State Budget and Control Board shall be published at least once a week for three consecutive weeks by the State Budget and Control Board in a newspaper having general circulation in the State and the county where the railroad is to be located.

Any interested party may, within twenty days after the date of the publication of such notice, but not afterwards, challenge the validity of such approval by action de novo in the court of common pleas in any county where the railroad is to be located.

Section 57-6-170. The authorization herein granted may be carried out by the commission acting at any regular or special meeting and without publication of the proceedings, notwithstanding any restriction, limitation, or other procedure imposed upon the commission by any other statute.

Section 57-6-180. In accordance with the requirements of 49, United States Code, Section 10102(17), and other provisions of federal laws governing the operation of common carrier railroads, unless such requirements or any part of them are waived by the Interstate Commerce Commission pursuant to Section 10505 of the Interstate Commerce Act (49 U.S. Code, Section 10505), the commission shall hold title to, disburse and account for assets and revenues received by it from whatever source. All such funds shall be on deposit with and maintained in separate accounts by the State Treasurer."

SECTION 8. Sections 55-5-50 and 55-5-60 of the 1976 Code are amended to read:

"Section 55-5-50. The commission shall employ a director of aeronautics who shall serve at the pleasure of the secretary and who is or has been a commercial pilot with instrument rating and such other employees as it may deem necessary for the proper transaction of its business.

Section 55-5-60. The State Budget and Control Board commission shall provide, as soon as practicable, suitable offices for the Division of Aeronautics Commission in the city of Columbia, and the Commission may maintain offices in any other city in the State that the Commission commission may designate and may incur the necessary expense for the office furniture, stationery, printing, incidental expenses and other expenses necessary for the enforcement of this chapter and the general promotion of aeronautics within the State."

SECTION 9. Section 11-35-45(B) of the 1976 Code is amended to read:

"(B) All agencies and institutions of the State are required to comply with the provisions of this section. Beginning July 1, 1983, the Department of Mental Health, the Department of Mental Retardation, the Department of Corrections, the Interagency Council on Public Transportation, and the Sea Grants Consortium shall process all payments for goods and services through the Comptroller's Office. Only the lump sum institutions of higher education and the Department of Highways and Public Transportation shall be responsible for the payment of all goods or services within thirty work days after the receipt of the goods or services, whichever is received later, and shall pay an amount not to exceed fifteen percent per annum on any unpaid balance which exceeds the thirty work day period work-day period."

SECTION 10. Wherever the term Department of Highways and Public Transportation appears in the Acts and Joint Resolutions of the General Assembly or the 1976 Code of Laws of South Carolina, it shall mean Department of Transportation. The Code Commissioner is directed to change all such references at such time and in such manner as may be timely and cost effective.

SECTION 11. Wherever the term Executive Director appears in the Acts and Joint Resolutions of the General Assembly or the 1976 Code of Laws of South Carolina, it shall mean Secretary of Transportation. The Code Commissioner is directed to change all such references at such time and in such manner as may be timely and cost effective.

SECTION 12. Wherever the term South Carolina Aeronautics Commission appears in the Acts and Joint Resolutions of the General Assembly or the 1976 Code of Laws of South Carolina, it shall mean the Department of Transportation Commission. The Code Commissioner is directed to change all such references at such time and in such manner as may be timely and cost effective.

SECTION 13. To minimize the cost in implementing the provisions of this bill, the department must utilize to the extent practicable rather than discard any supplies, materials, or other items which bear a reference to the department or a division of the department which must be renamed pursuant to this bill. For items which have a useful life of more than five years, the department shall implement a program which requires the phase-in of any new name or logo which may be compelled by the provisions of this bill.

SECTION 14. The terms of the members of the Transportation Advisory Board elected for the term beginning July 1, 1992, shall be as follows:

(1) board members elected to represent the first, third, fifth, seventh, ninth, and eleventh highway districts: two years;

(2) board members elected to represent the second, fourth, sixth, eighth, and tenth highway districts: four years.

SECTION 15. Any present member of the South Carolina Department of Highways and Public Transportation Commission whose term does not expire before June 30, 1992, or members of the commission elected prior to the effective date of this act shall continue to serve until the expiration of their term of office or June 30, 1992, whichever date is earlier.

SECTION 16. Section 2-63-10 of the 1976 Code is amended to read: "Section 2-63-10. (1) There is hereby created a six-member committee to review the annual budget and the intrabudgetary transfers of funds of the Department of Highways and Public Transportation. Three members of the committee shall be members of the Senate Transportation Committee appointed by the chairman of that committee and three members shall be members of the House Education and Public Works Committee appointed by the chairman of that committee. Terms of the members shall be coterminous with their terms as Senators and members of the House of Representatives.

(2) Based on its review of the budget and intrabudgetary transfers of funds, the committee provided for in subsection (1) shall annually report to the General Assembly its recommendations as to needed legislation relating to such fund transfers. The first report of the committee shall be furnished to the General Assembly no later than April 1, 1982. The Highways and Public Transportation commission shall assist and cooperate with the committee in the conduct of its budget review and fund transfer reviews.

(3) The committee may establish dates for the submission of any information necessary to conduct a review pursuant to this section. Any review or recommendation made by the committee must be completed prior to the time the department is required to make its annual budget request to the Budget and Control Board."

SECTION 17. The South Carolina Aeronautics Commission and the Public Railways Commission shall be abolished on July 1, 1992.

SECTION 18. Section 124.20, Part I of Act 612 of 1990 is repealed.

SECTION 19. Section 2 of Act 383 of 1986 is repealed.

SECTION 20. Article 3, Chapter 3 of Title 57 of the 1976 Code is repealed.

SECTION 21. Sections 55-5-30, 55-5-40, 57-11-40 and 57-11-50 of the 1976 Code are repealed.

SECTION 22. This act takes effect July 1, 1992, except that Sections 6, 13, 15, 16 and 18 shall take effect upon approval by the Governor.

Renumber sections to conform.

Amend title to conform.

On motion of Senator LOURIE, with unanimous consent, Senate staff were admitted to the floor of the Senate Chamber while debate was in progress on S. 494.

On motion of Senator WILLIAMS, with unanimous consent, debate was interrupted by adjournment, Senator LOURIE retaining the floor.

MOTION ADOPTED
On motion of Senator WILSON, with unanimous consent, the Senate adjourned out of respect to the memory of Mr. Lee Atwater of Columbia, S.C.

At 1:20 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.

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