Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.

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

Beloved, hear the words of the Psalmist in Psalm 115 (NIV vv. 12-13):

"The Lord remembers us and will

bless us:

He will bless the house of Israel,

He will bless the house of Aaron,

He will bless those who fear the

Lord... small and great alike."
Let us pray.

O God of the infinite and the eternal, we bow before Thee with humble hearts before we come to our mundane affairs.

Rekindle, O Lord, the fires of our faith that we may be better prepared to live today.

Bless us as the hours of decision come racing upon us!

Give us poise in unexpected crises!

So enrich the quality of our relationships with each other that we may orchestrate our best efforts for the making of a better society and a richer state... rich in spiritual values.

Hear, Lord, the prayers which we speak... and the deeper prayers of our hearts which our lips cannot frame... in the Redeemer's Name.

Amen.

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

April 10, 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, Prisoner of War Commission, with term to expire July 1, 1995:

1st Congressional District:

General Jacob Edward Smart, Post Office Drawer Y, Ridgeland, S.C. 29936

April 12, 1991
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
Carroll A. Campbell, Jr.

Reappointment, Member, Berkeley County Board of Voter Registration, At-Large, with term to expire March 15, 1992:

Mr. John L. Pack, Post Office Box 427, St. Stephen, South Carolina 29479

Columbia, S.C., April 25, 1991

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.64, H. 3618 by a vote of 1 to 0:

(R64) H. 3618 -- Reps. L. Elliott and Harwell: AN ACT TO PROVIDE THAT THE BOARD OF COMMISSIONERS OF THE MARION COUNTY HOSPITAL DISTRICT SHALL CONSIST OF NINE MEMBERS, TO PROVIDE FOR THE APPOINTING PROCESS AND AUTHORITY, AND TO PROVIDE FOR STAGGERING INITIAL TERMS.

Very respectfully,
Speaker of the House

(R64) H. 3618 -- Reps. L. Elliott and Harwell: AN ACT TO PROVIDE THAT THE BOARD OF COMMISSIONERS OF THE MARION COUNTY HOSPITAL DISTRICT SHALL CONSIST OF NINE MEMBERS, TO PROVIDE FOR THE APPOINTING PROCESS AND AUTHORITY, AND TO PROVIDE FOR STAGGERING INITIAL TERMS.

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

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

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

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

Bryan Courson Drummond
Fielding Giese Gilbert
Hayes Helmly Hinds
Hinson Holland Land
Leatherman Leventis Long
Lourie Macaulay Martin
Martschink Matthews McConnell
McGill Mitchell Moore
Mullinax O'Dell Passailaigue
Patterson Peeler Pope
Reese Rose Russell
Saleeby Setzler Shealy
Smith, J.V. Smith, N.W. Stilwell
Thomas Waddell Washington
Williams Wilson

The veto of the Governor was overridden.

Columbia, S.C., April 25, 1991

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.65, H. 3432 by a vote of 7 to 0:

(R65) H. 3432 -- Rep. Rogers: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF PARKRITE CAROLINA, INC.

Very respectfully,
Speaker of the House

(R65) H. 3432 -- Rep. Rogers: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF PARKRITE CAROLINA, INC.

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

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

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

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

Bryan Courson Drummond
Fielding Giese Gilbert
Hayes Helmly Hinds
Hinson Holland Land
Leatherman Leventis Long
Lourie Macaulay Martin
Martschink Matthews McConnell
McGill Mitchell Moore
Mullinax O'Dell Passailaigue
Patterson Peeler Pope
Reese Rose Russell
Saleeby Setzler Shealy
Smith, J.V. Smith, N.W. Stilwell
Thomas Waddell Washington
Williams Wilson

The veto of the Governor was overridden.

Columbia, S.C., April 25, 1991

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.73, H. 3728 by a vote of 7 to 0:

(R73) H. 3728 -- Rep. D. Martin: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF BETA KAPPA LAMBDA CHAPTER OF ALPHA PHI ALPHA FRATERNITY, INC., IN CHARLESTON COUNTY.

Very respectfully,
Speaker of the House

(R73) H. 3728 -- Rep. D. Martin: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF BETA KAPPA LAMBDA CHAPTER OF ALPHA PHI ALPHA FRATERNITY, INC., IN CHARLESTON COUNTY.

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

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

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

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

Bryan Courson Drummond
Fielding Giese Gilbert
Hayes Helmly Hinds
Hinson Holland Land
Leatherman Leventis Long
Lourie Macaulay Martin
Martschink Matthews McConnell
McGill Mitchell Moore
Mullinax O'Dell Passailaigue
Patterson Peeler Pope
Reese Rose Russell
Saleeby Setzler Shealy
Smith, J.V. Smith, N.W. Stilwell
Thomas Waddell Washington
Williams Wilson

The veto of the Governor was overridden.

Senator PASSAILAIGUE introduced Dr. Fletcher Derrick of Charleston, S.C., Doctor of the Day.

Senator MITCHELL requested and was granted a leave of absence beginning at 12:30 P.M. until Tuesday, April 30, 1991, at 11:00 A.M.

Columbia, S.C., April 24, 1991

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3031 -- Reps. P. Harris, Carnell, J. Harris, Mattos, Wilder, Baxley and McAbee: A BILL TO AMEND SECTION 1-11-144, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH AND DENTAL INSURANCE COVERAGE FOR REGIONAL TOURISM PROMOTION COMMISSIONS, SO AS TO DELETE THE REQUIREMENT THAT THE COVERAGE IS PROVIDED THROUGH THE RETIREMENT SYSTEM AND TO PROVIDE FOR COVERAGE FOR COUNTY MENTAL RETARDATION BOARDS FUNDED BY THE STATE MENTAL RETARDATION DEPARTMENT.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., April 24, 1991

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3379 -- Reps. Gregory, Nettles, Short, Wilkins, Kirsh, Boan and J. Brown: A BILL TO AMEND SECTIONS 48-27-130 AND 48-27-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR QUALIFICATION AS A REGISTERED FORESTER INSIDE AND OUTSIDE SOUTH CAROLINA, SO AS TO DELETE THE REFERENCE TO CHARACTER AND REPUTATION, PROHIBIT REGISTRATION OF PERSONS CONVICTED OF A FELONY OR CRIME INVOLVING MORAL TURPITUDE, AND PROVIDE EXCEPTIONS; AND TO REAUTHORIZE THE EXISTENCE OF THE BOARD OF REGISTRATION FOR FORESTERS FOR SIX YEARS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., April 25, 1991

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3380 -- Reps. Gregory, Nettles, Short, Boan, Wilkins, Kirsh and J. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-17-55 SO AS TO PROVIDE THE QUALIFICATIONS OF APPLICANTS AND REQUIREMENTS OF APPLICATIONS FOR PRIVATE DETECTIVE BUSINESSES; TO AMEND SECTION 40-17-20, RELATING TO DEFINITIONS IN THE PRIVATE DETECTIVE AND PRIVATE SECURITY AGENCIES ACT, SO AS TO CHANGE THE REFERENCE TO LICENSED PRIVATE DETECTIVE TO REGISTERED PRIVATE DETECTIVE; TO AMEND SECTION 40-17-30, RELATING TO THE POWERS AND DUTIES OF THE CHIEF OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, SO AS TO PROVIDE SEPARATE POWERS AND DUTIES FOR PRIVATE SECURITY AND DETECTIVE BUSINESSES; TO AMEND SECTION 40-17-50, RELATING TO QUALIFICATIONS OF APPLICANTS AND REQUIREMENTS OF APPLICATIONS FOR PRIVATE SECURITY AND DETECTIVE BUSINESSES, SO AS TO DELETE REFERENCES TO PRIVATE DETECTIVE BUSINESSES AND THE CHARACTER REQUIREMENT; TO AMEND SECTION 40-17-60, RELATING TO BONDS OF APPLICANTS, SO AS TO PROVIDE FOR THE BOND REQUIREMENTS TO APPLY TO PRIVATE SECURITY BUSINESSES; TO AMEND SECTION 40-17-70, RELATING TO LICENSES FOR PRIVATE DETECTIVE AND SECURITY BUSINESSES, SO AS TO PROVIDE FOR REGISTRATION INSTEAD OF LICENSING OF PRIVATE DETECTIVES AND DELETE THE CHARACTER REQUIREMENT; TO AMEND SECTION 40-17-80, RELATING TO REGISTRATION OF EMPLOYEES OF LICENSEES, SO AS TO DELETE THE REFERENCES TO AGENTS AND CHARACTER; TO AMEND SECTION 40-17-120, RELATING TO PERMITS TO CARRY FIREARMS, SO AS TO CHANGE THE REFERENCE TO LICENSED PRIVATE DETECTIVE TO REGISTERED PRIVATE DETECTIVE; TO AMEND SECTION 40-17-140, RELATING TO SUSPENSION AND REVOCATION OF LICENSES AND REGISTRATIONS, SO AS TO PROVIDE FOR THE SECTION TO APPLY TO REGISTERED PRIVATE DETECTIVES; AND TO REAUTHORIZE THE EXISTENCE OF THE PRIVATE DETECTIVE AND PRIVATE SECURITY PROGRAM FOR SIX YEARS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., April 24, 1991

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3385 -- Rep. Altman: A BILL TO AMEND SECTION 56-3-1240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPLAY OF LICENSE PLATES, SO AS TO PROHIBIT A CHANGE IN THE APPEARANCE OF A LICENSE PLATE ISSUED BY THE DEPARTMENT.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., April 25, 1991

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. Mattos, Nettles and Cole of the Committee of Conference on the part of the House on:
H. 3126 -- Reps. Wilkins and Mattos: A BILL TO AMEND SECTIONS 14-1-210 AND 23-23-70, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PORTIONS OF FINES, BOND FORFEITURES, AND COST OF COURT FEES WHICH MUST BE USED TO FINANCE SPECIAL PROGRAMS, SO AS TO PROVIDE THAT IF A CRIMINAL OR TRAFFIC FINE IS SUSPENDED THE AMOUNT SUSPENDED MUST BE USED TO DETERMINE THE AMOUNT WHICH MUST BE ASSESSED FOR THE FUNDING OF SPECIAL PROGRAMS.
Very respectfully,
Speaker of the House

Received as information.

H. 3743 -- Judiciary Committee: A BILL TO ENACT "THE STANDARDS FOR PUBLIC OFFICIALS', PUBLIC MEMBERS', AND PUBLIC EMPLOYEES' CONDUCT ACT OF 1991" SO AS TO AMEND CHAPTER 17, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYISTS AND LOBBYING, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF LOBBYISTS AND LOBBYING AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS; TO AMEND SECTION 7-3-10, RELATING TO THE STATE ELECTION COMMISSION, SO AS TO CHANGE THE COMPOSITION OF THE MEMBERSHIP OF THE COMMISSION; TO AMEND THE 1976 CODE, BY ADDING CHAPTER 27 TO TITLE 7 SO AS TO ENACT "THE SOUTH CAROLINA CAMPAIGN FINANCE ACT"; TO AMEND CHAPTER 13, TITLE 8 OF THE 1976 CODE, RELATING TO ETHICS, CONDUCT, CAMPAIGN PRACTICES, AND DISCLOSURES, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF ETHICS, CONDUCT, FORMS AND REPORTS BY CANDIDATES FOR ELECTION BY THE GENERAL ASSEMBLY, AND DISCLOSURES OF PUBLIC OFFICIALS, PUBLIC MEMBERS, AND PUBLIC EMPLOYEES; AND TO AMEND SECTIONS 16-9-210 AND 16-9-220, RELATING TO OFFENSES AGAINST PUBLIC JUSTICE, SO AS TO PROVIDE FOR PENALTIES FOR THE GIVING, OFFERING, OR ACCEPTANCE OF BRIBES.

The House returned the Bill with amendments.

On motion of Senator WILLIAMS, the Senate non-concurred in the House amendments, and a message was sent to the House accordingly.

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.

Returned with concurrence.

Received as information.

S. 880 -- Senators Lourie, Patterson, Giese, Courson, Setzler, Shealy, Wilson and J. Verne Smith: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE BRIDGE THAT SPANS THE CONGAREE RIVER ON THE SOUTHEASTERN BELTWAY FOR JUDGE ALEXANDER M. SANDERS, JR.

Returned with concurrence.

Received as information.

S. 919 -- Senator Moore: A CONCURRENT RESOLUTION TO CONGRATULATE JARRELL M. BROWN ON HIS FIFTIETH ANNIVERSARY AT COWDEN PLANTATION IN JACKSON, SOUTH CAROLINA.

Returned with concurrence.

Received as information.

S. 778 -- Senators Moore, Setzler and Shealy: A BILL TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR AIKEN COUNTY AND TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF AIKEN COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION AND PROVIDE A TRANSITION PERIOD.

The House returned the Bill with amendments.

Senator MOORE proposed the following amendment (RES778.001), which was adopted:

Amend the bill, as and if amended, page 1, lines 22 through 33, by striking subsection (A) in its entirety and inserting the following in lieu thereof:

/(A) There is created the Registration and Elections Commission for Aiken County. There are seven members of the commission who must be appointed by the Governor upon recommendation of a majority of the Aiken County Legislative Delegation, including the Senators, who are appointed for terms of two years and until their successors are appointed and qualify./

Amend the bill further, as and if amended, after line 33, by inserting an appropriately lettered subsection to read as follows:

/( ) Between the first day of January and the fifteenth day of March of every even-numbered year, the Governor shall appoint the members of the commission./

Amend the bill further, as and if amended, page 2, by striking SECTION 4 in its entirety and inserting the following in lieu thereof:

/SECTION 4. This act takes affect July 1, 1991./

Reletter remaining sections to conform.

Amend title to conform.

Senator MOORE explained the amendment.

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

S. 818 -- Senator Bryan: A BILL TO AMEND SECTION 1-11-350, CODE OF LAWS OF SOUTH CAROLINA,1976, RELATING TO THE LEGISLATIVE AUDIT COUNCIL, SO AS TO REQUIRE AUDITS OF THE DIVISION OF MOTOR VEHICLE MANAGEMENT AND OTHER AGENCIES EVERY FIVE YEARS RATHER THAN EVERY THREE YEARS.

On motion of Senator BRYAN, with unanimous consent, the Bill was recalled from the Committee on Judiciary and placed on the calendar.

Senator BRYAN spoke on the Bill.

The following were introduced:

S. 928 -- Senators Giese, Lourie, Patterson and Courson: A SENATE RESOLUTION TO ALLOW THE RICHLAND NORTHEAST HIGH SCHOOL CAVALIER NAVAL JUNIOR R.O.T.C. DRILL TEAM THE PRIVILEGE OF BEING RECOGNIZED FROM THE BALCONY ON THURSDAY, APRIL 25, 1991, FOR ITS OUTSTANDING ACCOMPLISHMENTS INCLUDING WINNING THE CHAMPIONSHIP AT THE EVANS, GEORGIA, INVITATIONAL MEET.

On immediate consideration, the Senate Resolution was adopted.

S. 929 -- Senators Martschink, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, 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, Nell W. Smith, Stilwell, Thomas, Waddell, Washington, Williams and Wilson: A SENATE RESOLUTION TO WISH A HAPPY BIRTHDAY TO OUR DEAR FRIEND AND CLERK, THE HONORABLE FRANK B. CAGGIANO, WHO WAS BORN FORTY YEARS AGO TOMORROW.

Whereas, the Honorable Frank B. Caggiano, Clerk of the South Carolina Senate, celebrates the fortieth anniversary of his birth on April 26, 1991; and

Whereas, the members of the Senate have enjoyed and appreciated Frank's wit and wisdom since 1978 when he served as Assistant to the Clerk of the Senate for Research and Administration. He was appointed Assistant Clerk in 1979 and Acting Clerk and Director for the Office of Senate Research in 1984 and elected Clerk in 1985; and

Whereas, Frank continually proves himself to be a valuable asset to the Senate with his ever-present desire and ability to assist each member of the Senate; and

Whereas, Frank's patience in time of discontent, composure in instances of excitement, and intelligence in rare moments of ignorance have carried us through many late-night sessions; and

Whereas, the members of this body wish to express their desire that Frank celebrate many more birthdays and that he celebrate them here with his friends and admirers in the South Carolina Senate. Now, therefore,

Be it resolved by the Senate:

That the members of the Senate wish a Happy Birthday to our dear friend and Clerk, the Honorable Frank B. Caggiano, who was born forty years ago tomorrow.

Be it further resolved that a copy of this resolution be forwarded to the Honorable Frank B. Caggiano.

On immediate consideration, the Senate Resolution was adopted.

S. 930 -- Senator Helmly: A CONCURRENT RESOLUTION TO RECOGNIZE THE EMPLOYEES AT AMOCO CHEMICAL COMPANY'S COOPER RIVER PLANT IN BERKELEY COUNTY UPON EARNING THE PRESIDENT'S ANNUAL SAFETY AWARD FOR THE BEST OVERALL SAFETY PERFORMANCE OF ALL COMPANY LOCATIONS FOR THE SECOND CONSECUTIVE YEAR.

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

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

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

S. 932 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-60 SO AS TO PROHIBIT HUNTING WITHIN FIFTY YARDS OF THE EDGE OF CERTAIN HIGHWAYS AND ROADS, PROHIBIT HUNTING BIG GAME WITH A RIFLE WITHIN FIFTY YARDS OF THE EDGE OF CERTAIN ROADWAYS, AND PROVIDE A PENALTY.

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

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

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

S. 934 -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-5025 SO AS TO RESTRICT EMISSIONS FROM MOTOR VEHICLES AND PROVIDE A PENALTY AND FORFEITURE FOR VIOLATIONS.

Senator THOMAS spoke on the Bill.

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

S. 935 -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-57-45 SO AS TO PROVIDE REQUIREMENTS FOR SOLICITATION MATERIAL BY INSURANCE AGENCIES, INSURERS, AND HEALTH MAINTENANCE ORGANIZATIONS.

Senator WADDELL spoke on the Bill.

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

S. 936 -- Senator Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 49-29-230 SO AS TO DESIGNATE PORTIONS OF THE LITTLE PEE DEE AND BROAD RIVERS AS SCENIC RIVERS; AND TO REPEAL SECTION 1 OF JOINT RESOLUTION 385 OF 1990 RELATING TO THE DESIGNATION OF A PORTION OF THE LITTLE PEE DEE RIVER AS A SCENIC RIVER.

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

S. 937 -- Senator Mitchell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 31-13-195 SO AS TO PROVIDE RESTRICTIONS ON THE STATE HOUSING, FINANCE AND DEVELOPMENT AUTHORITY IN MAKING MORTGAGE LOANS TO PERSONS AND FAMILIES OF THE BENEFICIARY CLASS.

Senator MITCHELL spoke on the Bill.

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

S. 938 -- Senator Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 34-27-300 SO AS TO EXEMPT STATE-CHARTERED CREDIT UNIONS FROM MUNICIPAL AND COUNTY BUSINESS LICENSE TAXES.

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

S. 939 -- Senators Drummond, McGill and Washington: A BILL TO AMEND CHAPTER 5, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORONERS AND MEDICAL EXAMINERS, SO AS TO REVISE RELATED REQUIREMENTS.

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

S. 940 -- Senator Washington: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF UNITED WE STAND IN CHRIST IN COLLETON COUNTY.

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

On motion of Senator WASHINGTON, S. 940 was ordered to receive a second and third reading on the next two consecutive legislative days.

S. 941 -- Senators Martschink and Giese: A BILL TO AMEND SECTION 43-33-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF THE BOARD OF THE SOUTH CAROLINA PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, INC., SO AS TO CHANGE THE COMPOSITION OF THE BOARD AND THE MANNER IN WHICH THEY ARE ELECTED.

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

On motion of Senator MARTSCHINK, S. 941 was ordered to receive a second and third reading on the next two consecutive legislative days.

S. 942 -- Senator Russell: A BILL TO AMEND ACT 345 OF 1965, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE CIVIL SERVICE SYSTEM FOR THE CITY OF SPARTANBURG, SO AS TO PROVIDE THAT APPLICANTS FOR ENTRY LEVEL POSITIONS ARE EXEMPT FROM THE RESIDENCY REQUIREMENT AND THE REQUIREMENT TO BE AN ELECTOR OF SPARTANBURG COUNTY, TO PROVIDE THAT APPLICANTS MUST BE NOT LESS THAN EIGHTEEN YEARS OF AGE RATHER THAN NOT LESS THAN TWENTY-ONE YEARS OF AGE, AND TO DELETE THE REQUIREMENT THAT AN APPLICANT MAY NOT BE MORE THAN THIRTY-FIVE YEARS OF AGE.

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

H. 3757 -- Reps. Kinon and Harwell: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO INCLUDE AN ADDITIONAL PORTION OF HIGHWAY 9 IN DILLON COUNTY IN THE BOULEVARD WHICH WAS NAMED IN HONOR OF TROOPER GEORGE T. RADFORD OF THE SOUTH CAROLINA HIGHWAY PATROL WHO WAS TRAGICALLY KILLED ON OCTOBER 30, 1988.

Whereas, the Department of Highways and Public Transportation by Concurrent Resolution H. 4094 was requested to name that portion of the South Carolina Highway 9 Bypass in Dillon County from I-95 to U.S. 301 as the George T. Radford Memorial Boulevard; and

Whereas, pursuant to the resolution the department named this highway in the manner requested above; and

Whereas, the members of the General Assembly, by this resolution, request the department to include an additional portion of Highway 9 in the George T. Radford Memorial Boulevard. Now, therefore,

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

That the Department of Highways and Public Transportation is requested to include that portion of South Carolina Highway 9 beginning at the CSX Railroad and running west on South Carolina Highway 9 to the Dillon City limits at Wix Road in the George T. Radford Memorial Boulevard.

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

Referred to the Committee on Transportation.

H. 3758 -- Reps. Kinon and Harwell: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE BRIDGE ON HIGHWAY 22 OVER THE LITTLE PEE DEE RIVER IN DILLON COUNTY AS CARMICHAEL'S BRIDGE AND THE BRIDGE ON HIGHWAY 45 OVER THE LITTLE PEE DEE RIVER IN DILLON COUNTY AS CAMPBELL'S BRIDGE.

Whereas, two bridges over the Little Pee Dee River in Dillon County have important historical significance in that these bridges also identify the communities surrounding them; and

Whereas, the members of the General Assembly, by this resolution, believe it would be appropriate to formally name these bridges in the manner they were historically known. Now, therefore,

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

That the members of the General Assembly, hereby request the Department of Highways and Public Transportation to name the bridge on Highway 22 over the Little Pee Dee River in Dillon County as Carmichael's Bridge and the bridge on Highway 45 over the Little Pee Dee River in Dillon County as Campbell's Bridge.

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

Referred to the Committee on Transportation.

H. 3820 -- Reps. J. Williams, D. Williams, H. Brown and Wofford: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA WILDLIFE AND MARINE RESOURCES COMMISSION TO NAME THE NEW BOAT LANDING UNDER CONSTRUCTION IN HUGER AS THE "RALPH HAMER, SR., BOAT LANDING".

Whereas, a boat landing at the Huger Bridge crossing County Road 98 in Huger, South Carolina, known as The Quinby Creek Boat Landing, is under construction; and

Whereas, Ralph Hamer, Sr., of Moncks Corner heads up the Berkeley County Rescue Squad and has been actively involved in the community for many years; and

Whereas, Mr. Hamer is an independent Nationwide Insurance Agent, is a football coach at Cross High School, and is actively involved in the Moncks Corner United Methodist Church; and

Whereas, married to Vonnie Hamer and the father of four children, it would be a fitting tribute to Ralph Hamer if this boat landing was named in his honor. Now, therefore,

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

That the members of the General Assembly request the South Carolina Wildlife and Marine Resources Commission to name the new boat landing under construction in Huger as the "Ralph Hamer, Sr., boat landing".

Be it further resolved that a copy of this resolution be forwarded to the South Carolina Wildlife and Marine Resources Commission.

Referred to the Committee on Fish, Game and Forestry.

H. 3898 -- Rep. Waldrop: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS TO ESTABLISH A SOUTHEASTERN MARKETING REGION COMPRISED OF UP TO FOURTEEN SOUTHEASTERN STATES WHEREBY THE PRICE OF MILK IN THIS MARKETING REGION WILL BE BASED ON THE AVERAGE PRICE IN THE REGION RATHER THAN ON THE WISCONSIN-MINNESOTA BASE PRICE.

Whereas, the federal government through the Department of Agriculture and other agencies establishes the minimum price for milk not through a program of direct price supports but through a program of buying excess milk; and

Whereas, in the United States, milk prices are determined through the establishment of a base price for the country known as the Wisconsin-Minnesota average which essentially is the average price for milk in the marketing region where these two states are located; and

Whereas, price differentials for other marketing regions are established with differentials from the base region price depending on factors such as transportation costs; and

Whereas, this system sometimes results in prices for milk in particular locations throughout the country which are not reflective of the true costs of producing and marketing milk in that region as well as causing a great instability in the price producers are paid for milk in that region; and

Whereas, insofar as the southeastern states are concerned, it would be better for farmers, merchants, and consumers alike if a southeastern marketing region comprised of as many as fourteen states were established with the base price for milk in this region being based on the southeastern region average rather than on the Wisconsin-Minnesota average; and

Whereas, in addition to establishing this southeastern marketing region, the Congress may also wish to consider establishing similar marketing regions for the Northeast, Midwest, and West regions where the base price for milk would also be the average in those regions; and

Whereas, the members of the General Assembly, by this resolution, state their belief that the Congress should enact such legislation as will accomplish the above. Now, therefore,

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

That the members of the General Assembly hereby memorialize Congress to establish a southeastern marketing region comprised of up to fourteen southeastern states whereby the price of milk in this marketing region will be based on the average price in the region rather than on the Wisconsin-Minnesota base price.

Be it further resolved that a copy of this resolution be forwarded to each United States Senator from South Carolina, each member of the House of Representatives from South Carolina, the Senate of the United States and the House of Representatives of the United States.

Referred to the Committee on Agriculture and Natural Resources.

H. 3949 -- Rep. G. Brown: A CONCURRENT RESOLUTION TO CONGRATULATE THE AWARD WINNING MOUNT PLEASANT HIGH SCHOOL CHORUS, OF MOUNT PLEASANT HIGH SCHOOL IN LEE COUNTY, ON BEING SELECTED TO PERFORM AT CARNEGIE HALL IN NEW YORK CITY AND AT THE CAROWINDS CHORAL FESTIVAL.

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

H. 3951 -- Rep. L. Martin: A CONCURRENT RESOLUTION TO CONGRATULATE FIRST BAPTIST CHURCH OF PICKENS AND ITS CONGREGATION ON THE OBSERVANCE AND CELEBRATION OF ITS CENTENNIAL ANNIVERSARY.

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

H. 3276 -- Reps. Kirsh, McTeer and D. Elliott: TO AMEND SECTION 12-21-2726, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROOF OF LICENSING OF COIN-OPERATED MACHINES AND DEVICES, SO AS TO PROVIDE THAT PROOF OF LICENSING IS THE CONSPICUOUS DISPLAY OF THE LICENSE AT THE MACHINE LOCATION; TO AMEND SECTION 12-21-2738, RELATING TO PENALTIES FOR VIOLATIONS OF LICENSING LAWS FOR COIN-OPERATED MACHINES AND DEVICES, SO AS TO PROVIDE THAT FAILURE TO HAVE THE APPROPRIATE LICENSES ON DISPLAY CONSTITUTES A VIOLATION AND THAT EACH MACHINE IN EXCESS OF THE APPROPRIATE LICENSE DISPLAYED IS A SEPARATE VIOLATION; TO AMEND SECTION 12-21-2720, AS AMENDED, RELATING TO LICENSES FOR COIN OPERATED DEVICES OR MACHINES, SO AS TO PROVIDE THAT A MUNICIPALITY OR COUNTY MAY NOT LIMIT THE NUMBER OF MACHINES WITHIN ITS BOUNDARIES; TO AMEND SECTION 12-21-2746, RELATING TO THE LEVY OF AN ADDITIONAL LOCAL LICENSE TAX, SO AS TO SPECIFICALLY DESIGNATE PREMISES WHICH ARE SUBJECT TO THE TAX AND PROCEDURES FOR LICENSING; AND TO REPEAL SECTION 12-21-2732, RELATING TO THE ATTACHMENT OF LICENSES TO MACHINES, AND SECTION 16-19-60, RELATING TO THE PROVISIONS THAT SECTIONS 16-19-40 (UNLAWFUL GAMES AND BETTING) AND 16-19-50 (KEEPING UNLAWFUL GAMING TABLES) DO NOT EXTEND TO COIN-OPERATED NONPAYOUT MACHINES WITH A FREE PLAY FEATURE AND TO THE PROVISION THAT SECTION 16-19-60 DOES NOT AUTHORIZE THE LICENSING, POSSESSION, OR OPERATION OF A MACHINE WHICH DISBURSES MONEY TO THE PLAYER.

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

H. 3287 -- Reps. Wright, Rama and Waldrop: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 12 TO CHAPTER 25, TITLE 50, SO AS TO REGULATE THE LAWFUL NOISE LEVEL AND THE EXHAUST SYSTEMS OF MOTORS USED TO PROPEL WATERCRAFT; AND TO REPEAL ARTICLE 11, CHAPTER 25, TITLE 50 RELATING TO MOTORBOATS ON LAKE WYLIE.

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

H. 3291 -- Rep. J. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-2030 SO AS TO PROVIDE THAT LAND OWNED BY THE STATE WHICH WAS ACQUIRED WITH FEDERAL LAND WATER CONSERVATION FUNDS MAY BE USED FOR PUBLIC PURPOSES, AND TO PROVIDE EXCEPTIONS.

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

H. 3425 -- Rep. Baxley: A BILL TO ALLOW A PERSON SENTENCED TO A TERM OF IMPRISONMENT AND INCARCERATED IN A COUNTY PRISON OR JAIL TO BE RELEASED TO A PRISONER REHABILITATION PROGRAM APPROVED BY THE GOVERNING BODY OF THE COUNTY, TO AUTHORIZE A COUNTY GOVERNING BODY TO CONTRACT WITH A NONGOVERNMENTAL ORGANIZATION, ASSOCIATION, CORPORATION, PARTNERSHIP, OR GROUP WHICH HAS AS ITS CHIEF PURPOSE THE REHABILITATION OF PRISONERS, TO PROVIDE FOR THE RETURN OF RELEASED PRISONERS TO THE COUNTY PRISON OR JAIL UNDER CERTAIN CIRCUMSTANCES AND FOR THE EXCHANGE OF PRISONERS, TO PROVIDE FOR A REDUCTION OF SENTENCE OR FOR RELEASE OF A PRISONER INTO SOCIETY AT LARGE UPON SUCCESSFUL COMPLETION OF THE REHABILITATION PROGRAM, AND TO PROVIDE FOR THE LIABILITY OF THE PRISONER REHABILITATION PROGRAM WHILE A PRISONER IS IN ITS CUSTODY AND CARE.

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

H. 3446 -- Reps. Stoddard, Hallman, G. Bailey, Waldrop, D. Elliott, Short, Clyborne, Bennett, Harvin, Phillips, Wells, Farr, Foster, J.W. Johnson and Baker: A BILL TO AMEND SECTION 16-23-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN DEFINITIONS IN REGARD TO THE REGULATION OF FIREARMS, SO AS TO REVISE THE DEFINITION OF A "MILITARY FIREARM".

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

H. 3506 -- Reps. Bennett, McTeer and Wilder: A JOINT RESOLUTION TO PROHIBIT THE TAKING AND ATTEMPTS TO TAKE STRIPED BASS AND WHITE BASS HYBRIDS NEAR THE MOUTH OF THE SAVANNAH RIVER UPSTREAM TO NEW SAVANNAH BLUFF LOCK DAM IN SOUTH CAROLINA WATERS UNTIL JULY 1, 1996.

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

H. 3592 -- Reps. Snow, Bruce, Bennett and Rhoad: A BILL TO AMEND SECTION 46-10-100 AND SECTION 46-10-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES AND FEES FOR BOLL WEEVIL CONTROL, SO AS TO REVISE PROVISIONS FOR ASSESSMENTS AND PENALTIES AGAINST COTTON GROWERS.

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

H. 3701 -- Reps. R. Young, Fulmer, Rama, Hallman and Gonzales: A BILL TO AMEND SECTION 57-3-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IDENTIFICATION CARDS ISSUED BY THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR NONDRIVERS, SO AS TO WAIVE THE FEE FOR PERSONS WHO ARE MENTALLY ILL OR MENTALLY RETARDED.

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

H. 3731 -- Rep. P. Harris: A BILL TO AMEND SECTION 39-43-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE LIQUEFIED PETROLEUM GAS BOARD, SO AS TO REVISE THE PUBLICATIONS CONTAINING STANDARDS TO BE USED IN REGULATIONS PROMULGATED BY THE BOARD.

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

H. 3752 -- Rep. Altman: A BILL TO AMEND SECTION 56-1-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATION FOR LICENSE OR PERMIT, SO AS TO DELETE THE REQUIREMENT OF WRITTEN VERIFICATION OF LIABILITY INSURANCE COVERAGE FOR RENEWAL.

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

H. 3765 -- Reps. Koon and Klapman: A JOINT RESOLUTION TO CREATE A COMMITTEE TO STUDY AND RECOMMEND TO THE BUDGET AND CONTROL BOARD A PROCESS TO TRAIN STATE PERSONNEL TO INSTALL, SERVICE, AND REPAIR ANY TYPE OR BRAND OF AUTOMATIC FIRE EXTINGUISHING SYSTEM USED BY THE STATE.

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

H. 3833 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-905 SO AS TO PROVIDE THAT THE DUE DATE OF PROPERTY TAX RETURNS REQUIRED TO BE FILED WITH THE COUNTY AUDITOR IS APRIL THIRTIETH FOR PROPERTY OWNED AS OF THE PRECEDING DECEMBER THIRTY-FIRST.

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

H. 3887 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EXAMINERS IN PSYCHOLOGY, RELATING TO LICENSURE, EXAMINATIONS, RENEWAL, CODE OF CONDUCT, FEES, SUPERVISION, BOARD ACTIONS, AND CONTINUING EDUCATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1370, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 3522 -- Reps. Keyserling, Waites, Jaskwhich, Wilkins, Rogers, Baxley, Littlejohn, Hallman, Barber, Sturkie, Wilkes, Harwell, Farr, Phillips, Keegan, Corbett, Kempe, Quinn, Huff, Beatty, Wright, Meacham and J. Harris: A BILL TO AMEND TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY AND CONVEYANCES, BY ADDING CHAPTER 8 SO AS TO ENACT THE SOUTH CAROLINA CONSERVATION EASEMENT ACT OF 1991 AND TO REPEAL CHAPTER 9, TITLE 27 RELATING TO CONSERVATION RESTRICTIONS AND EASEMENTS.

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

On motion of Senator HAYES, with unanimous consent, H. 3522 will not be taken up for consideration before May 6, 1991.

H. 3628 -- Rep. Beasley: A BILL TO AMEND SECTIONS 56-1-1710, 56-5-165, 56-5-1555, 56-5-3720, 56-5-3740, AND 56-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION AND OPERATION OF MOPEDS, SO AS TO PROVIDE FOR "MOPED" TO INCLUDE CYCLES WITHOUT PEDALS, INCREASE THE MAXIMUM MOTOR CAPACITY FROM ONE AND ONE-HALF TO TWO BRAKE HORSEPOWER, AND INCREASE THE MAXIMUM SPEED CAPABILITY FROM TWENTY-FIVE TO THIRTY MILES AN HOUR AND TO PROVIDE PENALTIES; TO AMEND SECTION 56-5-50, RELATING TO THE APPLICATION OF THE CODE PROVISIONS REGULATING TRAFFIC ON HIGHWAYS TO THE OPERATION OF MOPEDS, SO AS TO PROVIDE THAT THE PROVISIONS OF CHAPTER 5 OF TITLE 56 GOVERN THE OPERATION OF MOPEDS; AND TO AMEND SECTION 56-5-3750, RELATING TO LABELING REQUIREMENTS FOR MOPEDS, SO AS TO PROVIDE FOR THE ATTACHMENT OF A METAL TAG TO THE VEHICLE IDENTIFYING IT AS A MOPED AND PROVIDE PENALTIES FOR VIOLATIONS.

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

H. 3787 -- Reps. J. Bailey, Barber, Fulmer, Hallman, Holt, Rama, Gonzales, R. Young, Whipper and D. Martin: A BILL TO AMEND ACT 452 OF 1973, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SUBSTANCE ABUSE COMMISSION, SO AS TO PROVIDE THAT MEMBERS ARE APPOINTED UPON RECOMMENDATION OF THE COUNTY COUNCIL RATHER THAN RECOMMENDATION OF THE COUNTY DELEGATION.

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

H. 3855 -- Rep. Jaskwhich: A BILL TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO POST SIGNS RESTRICTING TRUCK TRAFFIC ON STATE HIGHWAY SYSTEM ROAD S492 BETWEEN HAYWOOD ROAD, INTERSTATE HIGHWAY 85, AND INTERSTATE HIGHWAY 385 IN GREENVILLE COUNTY.

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

H. 3936 -- Reps. Ross and T.C. Alexander: A BILL TO ALLOW THE SCHOOL DISTRICT OF OCONEE COUNTY TO RECEIVE BIDS ON MORE THAN ONE ISSUE OF GENERAL OBLIGATION BONDS AT A TIME AND TO AUTHORIZE THE DISTRICT TO REQUIRE BIDDERS TO SUBMIT PROPOSALS FOR ALL BONDS ISSUED AS THOUGH THE BONDS WERE OF A SINGLE ISSUE.

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

On motion of Senator MACAULAY, H. 3936 was ordered to receive a second and third reading on the next two consecutive legislative days.

Senator HOLLAND, from the General Committee, submitted a favorable report on:

S. 274 -- Senator Mullinax: A BILL TO AMEND SECTION 43-5-540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORK REGISTRATION REQUIREMENTS UNDER PUBLIC AID ASSISTANCE PROGRAMS, SO AS TO REVISE CERTAIN EXCEPTIONS TO THESE WORK REGISTRATION REQUIREMENTS; AND TO AMEND SECTION 43-5-550, RELATING TO A STATE PLAN FOR THE DESIGN, IMPLEMENTATION, AND OPERATION OF A WORK SUPPORT SERVICES DELIVERY SYSTEM, SO AS TO FURTHER PROVIDE FOR INDIVIDUAL EMPLOYABILITY PLANS WHICH MUST BE WRITTEN RESPONDING TO THE NEEDS OF EACH CLIENT.

Ordered for consideration tomorrow.

Senator HOLLAND, from the General Committee, submitted a favorable report on:

S. 286 -- Senator Mullinax: A BILL TO AMEND SECTION 43-5-550, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A STATEWIDE PLAN ADMINISTERED BY THE DEPARTMENT OF SOCIAL SERVICES FOR THE DESIGN, IMPLEMENTATION, AND OPERATION OF A WORK SUPPORT SERVICES DELIVERY SYSTEM, SO AS TO FURTHER DEFINE REQUIRED SUPPORT SERVICES WHICH MUST BE PROVIDED WHEN PRESCRIBED IN THE INDIVIDUAL EMPLOYMENT PLAN OF A CLIENT.

Ordered for consideration tomorrow.

Senator HOLLAND, from the General Committee, submitted a favorable report on:

S. 618 -- Senators Helmly and Moore: A BILL TO AMEND SECTION 25-11-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT AND REMOVAL OF A COUNTY VETERANS' AFFAIRS OFFICER, SO AS TO INCREASE THE TERM OF OFFICE FROM TWO TO FOUR YEARS.

Ordered for consideration tomorrow.

Senator HOLLAND, from the General Committee, submitted a favorable with amendment report on:

S. 740 -- Senator Russell: A JOINT RESOLUTION TO REAUTHORIZE THE SOUTH CAROLINA CEMETERY BOARD FOR FIVE YEARS.

Ordered for consideration tomorrow.

Senator WADDELL, from the Committee on Finance, submitted a favorable with amendment report on:

S. 784 -- Senator Wilson: A BILL TO AMEND SECTION 11-27-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EFFECT OF NEW ARTICLE X ON STATE BONDS, SO AS TO PROVIDE FOR THE SIGNATURE OF THE SECRETARY OF STATE BY FACSIMILE; AND TO AMEND SECTION 59-107-130, RELATING TO EXECUTION OF BONDS, SO AS TO PROVIDE FOR THE SIGNATURE OF THE SECRETARY OF STATE BY FACSIMILE.

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

The amendment proposed by the Committee on Finance (CYY\18543.SD), was adopted as follows:

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

/SECTION 1. Section 59-107-40(3) of the 1976 Code is amended to read:

"(3) A statement establishing the aggregate sum received from tuition fees for the twelve calendar months preceding the month fiscal year immediately preceding the fiscal year in which such application is dated;"

SECTION 2. Section 59-107-50(3) of the 1976 Code is amended to read:

"(3) That the aggregate of tuition fees received by such institution for the twelve calendar months preceding the month in which the application made pursuant to Section 59-107-40 is dated will, if multiplied by the number of years for which the bonds provided for by this chapter shall be outstanding, result in the production of a sum equal to not less than one hundred fifty percent of the estimated aggregate principal and interest requirements of all state institution bonds issued for such institution to be outstanding, but excluding bonds defeased pursuant to Section 59-107-200 if the application is approved, except that subsequent to the effective date of the ratification of new Article X of the State Constitution the test imposed by subparagraph (b) of paragraph 6 of Section 13 of new Article X shall control the issuance of state institution bonds and the statutory test imposed by this paragraph (3) shall be disregarded annual debt service on all state institution bonds issued for such state institution, including the bonds then proposed to be issued, shall not exceed ninety percent of the sums received by such state institution of higher learing from tuition fees for the preceding fiscal year;"

SECTION 3. Section 59-107-60(8) of the 1976 Code is amended to read:

"(8) The sum received by such state institution from tuition fees for the twelve calendar months preceding the month fiscal year preceding the fiscal year in which the application made pursuant to Section 59-107-40 is dated; and"

SECTION 4. Section 59-107-70 of the 1976 Code is amended to read:

"Section 59-107-70. It shall be the duty of the Governor and the State Treasurer to examine the request mentioned in Section 59-107-60, and if they shall jointly approve it, and, for themselves, determine that the schedule of tuition fees in force at such state institution will, upon the basis of the sum received by such state institution from tuition fees for the twelve calendar months preceding the month fiscal year preceding the fiscal year in which the application made pursuant to Section 59-107-40 is dated, produce funds sufficient to meet the principal and interest requirements on the proposed bonds and on all outstanding state institution bonds issued for such state institution, and provide the margin for such principal and interest requirements to the extent required by paragraph (3) of Section 59-107-50, they shall be empowered to provide for the issuance of state institution bonds in the amount approved by the State Board." SECTION 5. Section 59-107-100 of the 1976 Code is amended to read:

"Section 59-107-100. For the payment of the principal and interest on all state institution bonds, whose issuance is authorized by this chapter, there shall be pledged the full faith, credit and taxing power of the State, and in addition, the revenues derived from the tuition fees received by the particular institution of higher learning for which such state institution bonds are issued must also be pledged."

SECTION 6. Section 59-107-160 of the 1976 Code is amended to read:

"Section 59-107-160. State institution bonds may be privately placed if the terms and conditions of such disposition shall be approved by resolution duly adopted by the State Board and the terms of such proposal meet the financial test prescribed in the second paragraph of this section.

All other state institution bonds shall be sold by the Governor and the State Treasurer upon sealed proposals, after publication of notice of the sale one or more times at least ten days before the sale in a newspaper of general circulation in the State and also in a financial paper published in New York City which regularly publishes notices of sale of state or municipal bonds. In all calls for bids, the right shall be reserved to reject all bids and readvertise for the sale of the bonds. Upon the opening of bids the Governor and the State Treasurer shall determine the most advantageous bid, and if one hundred fifty per cent of the aggregate principal and interest requirements on (a) bonds sold in accordance with the most advantageous bid and (b) all outstanding State institution bonds issued for such State institution is within the estimate of the tuition fees to be received by the State institution or institutions for which such bonds are issued, made on the basis required by item (3) of Section 59-107-50, and if they shall find that one hundred fifty per cent of the aggregate principal and interest requirements, calculated in accordance with the formula prescribed by Section 59-107-50, does not exceed the estimate, they may award the State institution bonds on such bid, at a price not less than par and accrued interest to the date of delivery and if such bid produces principal and interest payments on such proposed issue which are in compliance with the provisions outlined in paragraph (3) of Section 59-107-50, they may award the state institution bonds on such bid, at a price not less than par and accrued interest to the date of delivery. For the purpose of bringing about a successful sale of such bonds, the State Board may do all things ordinarily and customarily done in connection with the sale of state or municipal bonds. All expenses incident to the sale of the bonds shall be paid from the proceeds of the bonds."

SECTION 7. Section 59-107-180 of the 1976 Code is amended to read:

"Section 59-107-180. Immediately following the determination of the Governor and the State Treasurer to provide for the issuance of State institution bonds, the Treasurer shall segregate into a special fund all tuition fees of the State institution for which State institution bonds are to be issued and shall apply such special fund to the payment of the principal, interest and redemption premium, if any, on all bonds issued pursuant to this chapter for such institution, except that in all instances where the special fund established for the bonds of any such institution shall exceed (a) all payments of principal and interest due in the then current fiscal year, plus (b) the maximum annual debt service requirements in any succeeding fiscal year of all State institution bonds outstanding for such institution, the Treasurer may upon direction of the State Board apply moneys in excess of the sum of (a) and (b) above: (1) to the defeasance of State institution bonds for such institution as provided in Section 59-107-200; or (2) to any purpose set forth in clauses (a), (b) and (c) of the first paragraph of Section 59-107-40. In the event the surplus is to be applied to the defeasance of bonds, the maximum annual debt service requirements shall be computed as though the bonds to be defeased had already been defeased issuance of state institution bonds, the State Treasurer shall segregate into a special fund all tuition fees of the state institution for which state institution bonds have been issued and shall apply such special fund to the payment of the principal, interest, and redemption premium, if any, on all bonds issued pursuant to this chapter for such institution; provided, however, that in the event the monies on deposit in such special fund at any time shall exceed all payments of principal and interest due in the then current fiscal year, plus the maximum annual debt service requirements in any succeeding fiscal year of all state institution bonds outstanding for such institution that were issued prior to March 1, 1991, plus any additional amount described in the last sentence of this section, the State Treasurer shall thereupon establish within the special fund created by this section separate funds for each issuance of state institution bonds for such state institution to be designated `special debt service and reserve funds', and (1) shall deposit in the special debt service and reserve fund for each issuance of state institution bonds that was issued prior to March 1, 1991, an amount equal to all payments of principal and interest due in the then current fiscal year on such issuance, plus the maximum annual debt service requirements in any succeeding fiscal year of such issuance, and (2) shall deposit in the special debt service and reserve fund for each issuance of such state institution bonds that was issued on or after March 1, 1991, an amount equal to all payments of principal and interest due on such issuance of state institution bonds in the then current fiscal year. Upon the establishment and funding of such special debt service and reserve funds for the state institution bonds for any state institution in accordance with the foregoing sentence, the State Treasurer shall apply tuition fees later received to maintain the levels of the special debt service and reserve funds at the level required by the foregoing sentence as such level may be adjusted as current annual and maximum annual requirements vary, and may apply any remaining tuition fees and any monies still remaining in the general special fund after the complete funding of the special debt service and reserve funds: to the defeasance of state institution bonds for such institution as provided in Section 59-107-200; or to any purpose set forth in subitems (a), (b), and (c) of the first paragraph of Section 59-107-40. In the event the surplus is to be applied to the defeasance of bonds, the computation of annual debt service requirements for purposes of this section shall be made as though the bonds to be defeased had already been defeased. Notwithstanding the foregoing, it is expressly provided that the State Treasurer may increase the required level for a special debt service and reserve fund for an issuance of state institution bonds issued on or after March 1, 1991, to an amount equal to all payments of principal and interest due on such issuance of state institution bonds in the then current fiscal year plus an amount equal to all payments of principal and interest due on such issuance of state institution bonds to become due between the end of the then current fiscal year and the date at which the State Treasurer anticipates receiving sufficient deposits of tuition fees from such state institution in the ensuing fiscal year to provide an adequate cash flow to meet debt service requirements for such ensuing fiscal year."

SECTION 8. The first paragraph of Section 59-107-200 of the 1976 Code is amended to read:

"Upon the direction of the State Board, the State Treasurer may apply all or any part of the surplus, as defined in this section, of the special fund established pursuant to Section 59-107-180, applicable to the state institution bonds of any state institution to the defeasance of any of such bonds by establishing an irrevocable trust therefor which shall consist of either moneys in an amount which shall be sufficient, or direct obligations of the United States of America, or obligations unconditionally guaranteed by the United States of America, the principal and interest on which when due will provide the sums required to pay the principal, interest and redemption premium, if any, of the particular state institution bonds sought to be defeased. The trust fund shall be established in such manner as to designate the state institution bonds intended to be defeased. When so established, the state institution bonds shall be deemed to be defeased and shall not be deemed to be outstanding for all purposes of this chapter. The term surplus shall mean the sum remaining in the special fund after deducting therefrom (a) all payments of principal and interest due in the then current fiscal year plus (b) the maximum annual debt service requirements of any subsequent fiscal year of all state institution bonds to be outstanding for such institution following the establishment of the irrevocable trust authorized by this section. Provided, that notwithstanding excess, as defined in Section 59-107-180, of the special fund established pursuant to Section 59-107-180, applicable to the state institution bonds of any state institution to the defeasance of any of such bonds by establishing an irrevocable trust therefor which shall consist of either moneys in an amount which shall be sufficient, or direct obligations of the United States of America, or obligations unconditionally guaranteed by the United States of America, the principal and interest on which when due will provide the sums required to pay the principal, interest, and redemption premium, if any, of the particular state institution bonds sought to be defeased. The trust fund shall be established in such manner as to designate the state institution bonds intended to be defeased. When so established, the state institution bonds shall be deemed to be defeased and shall not be deemed to be outstanding for all purposes of this chapter. Notwithstanding the establishment of the irrevocable trust fund, the obligation of the State to pay to the holders of the defeased bonds all sums due by way of principal and interest shall not be deemed to be impaired."

SECTION 9. Section 11-27-30 8. of the 1976 Code is amended to read:

"8. Notwithstanding any contrary provision of any law, any and all state general obligation bonds, tax anticipation notes or bond anticipation notes issued after May 30, 1977, shall be executed in the name of and on behalf of the State of South Carolina and shall be signed by the Governor and the State Treasurer. The Great Seal of the State shall be affixed to, impressed or reproduced upon each of them and the same shall be attested by the Secretary of State, provided that if approved by the State Board, any one or two of such officers may, in lieu of manually signing, employ the use of the facsimile of their signature in executing any of the foregoing. All state general obligation bonds, revenue bonds, tax anticipation notes, and bond anticipation notes shall be issued, executed, authenticated, registered and delivered in such form or manner as the State Board or other authority may determine in the resolution authorizing the issuance of such obligations."

SECTION 10. Sections 57-11-350, 59-71-500, 59-107-130 of the 1976 Code, and Section 13 of Act 1377 of 1968 are repealed.

SECTION 11. This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator WADDELL explained the amendment proposed by the Committee on Finance.

Senator MULLINAX proposed the following amendment (RES784.01), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered new section to read as follows:

Section . Section 11-21-60 of the 1976 Code is amended to read:

/Section 11-21-60. On the delivery of any refunding bonds issued pursuant to this chapter, the principal proceeds thereof, less any accrued interest and less the proceeds of that portion of any refunding bonds issued pursuant to Chapter 17, Title 6 of this chapter, the Code of Laws of South Carolina, 1976, for improvements, shall be deposited with a corporate trustee and held by it under a written trust agreement and in a special trust account, except that the premium, if any, shall be used to pay the first principal to become due on such refunding bonds, and the accrued interest, if any, shall be used to discharge in part the first interest to become due on such refunding bonds. It shall be the duty of the corporate trustee to keep such proceeds invested and reinvested to the extent that it shall be practical in obligations of the United States or any agency thereof and to apply the principal and interest of the trust so established in the manner prescribed in such trust agreement./

Amend title to conform.

Senator WADDELL explained the amendment.

The amendment was then adopted.

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

On motion of Senator WADDELL, with unanimous consent, S. 784 was ordered to receive a third reading on Friday, April 26, 1991.

Senator WADDELL, from the Committee on Finance, submitted a favorable report on:

H. 3269 -- Reps. Kirsh, McTeer and D. Elliott: A BILL TO AMEND SECTIONS 12-36-120, 12-36-910, 12-36-920, 12-36-930, 12-36-2120, 12-36-2560, AND 12-36-2650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO MAKE TECHNICAL CORRECTIONS; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 12-36-560, 12-36-570, 12-36-1730, 12-36-1740, 12-36-2660, AND 12-36-2670, SO AS TO PROVIDE CRIMINAL AND CIVIL PENALTIES FOR VIOLATIONS RELATING TO RETAIL LICENSES AND THE CASUAL EXCISE TAX, TO PROVIDE FOR ENFORCEMENT, AND AUTHORIZE THE MEMBERS OF THE TAX COMMISSION OR THEIR DESIGNEES TO ADMINISTER OATHS OR TAKE ACKNOWLEDGMENTS.

Ordered for consideration tomorrow.

Senator WADDELL, from the Committee on Finance, submitted a favorable with amendment report on:

H. 3270 -- Reps. Kirsh, McTeer and D. Elliott: A BILL TO AMEND SECTION 12-7-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO DELETE LANGUAGE MAKING THE FISCAL YEAR A CALENDAR YEAR UNLESS ANOTHER YEAR IS ESTABLISHED; TO AMEND SECTION 12-9-390, AS AMENDED, RELATING TO INCOME TAX WITHHOLDING, SO AS TO DELETE THE PENALTY PROVISION; TO AMEND THE 1976 CODE BY ADDING SECTION 12-19-165 SO AS TO PROVIDE FOR THE PRORATION OF THE CORPORATE LICENSE FEE FOR RETURNS FOR FEWER THAN TWELVE MONTHS; TO AMEND SECTION 12-54-40, RELATING TO TAX CRIMES AND PENALTIES, SO AS TO PLACE THE PENALTY FOR FAILURE TO WITHHOLD PROPERLY IN THE PROVISION OF THE 1976 CODE DEALING WITH PENALTIES; TO AMEND SECTION 12-54-140, RELATING TO THE REQUIREMENT THAT CORPORATE TAXPAYERS NOTIFY THE TAX COMMISSION OF CHANGES IN INCOME AS REPORTED TO THE INTERNAL REVENUE SERVICE, SO AS TO EXTEND THE REQUIREMENT TO ALL TAXPAYERS; TO AMEND SECTION 33-14-220, RELATING TO THE REQUIREMENTS FOR REINSTATEMENT OF CORPORATE CHARTERS, SO AS TO PROVIDE THAT THE TAX PENALTIES AND INTEREST MUST BE PAID BEFORE REINSTATEMENT; AND TO AMEND THE 1976 CODE BY ADDING SECTION 33-15-330 SO AS TO PROVIDE A PROCEDURE FOR THE REINSTATEMENT OF CERTIFICATES OF AUTHORITY FOR FOREIGN CORPORATIONS.

Ordered for consideration tomorrow.

Senator WADDELL, from the Committee on Finance, submitted a favorable with amendment report on:

H. 3272 -- Reps. Kirsh, McTeer and D. Elliott: A BILL TO AMEND SECTIONS 4-10-90 AND 6-4-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTIMATING REVENUES AND CORRECTING ALLOCATIONS FOR PURPOSES OF THE LOCAL OPTION SALES TAX AND THE ACCOMMODATIONS TAX, SO AS TO PROVIDE THAT MISALLOCATIONS MAY BE CORRECTED ONLY BY ADJUSTING SUBSEQUENT ALLOCATIONS IN THE SAME FISCAL YEAR AS THE MISALLOCATION; TO AMEND SECTION 12-3-240, RELATING TO THE TAX COMMISSION'S AUTHORITY TO FURNISH INCOME TAX DATA TO MUNICIPALITIES WHICH LEVY A GROSS RECEIPTS TAX, SO AS TO ALLOW THE COMMISSION TO PROVIDE THE DATA TO COUNTIES; TO AMEND THE 1976 CODE BY ADDING SECTION 12-3-270 SO AS TO PROVIDE THAT FUNDS RECEIVED FROM COLLECTING WARRANTS FOR DISTRAINT MAY NOT SUPPLEMENT TAX COMMISSION APPROPRIATIONS AND MUST BE DEPOSITED IN THE GENERAL FUND OF THE STATE; TO AMEND SECTIONS 12-54-50 AND 12-54-120, RELATING TO FEES ON BAD CHECKS GIVEN TO THE TAX COMMISSION AND TAX LIENS, SO AS TO INCREASE THE FEE FROM TEN TO FIFTEEN DOLLARS, EXTEND THE FEE TO ELECTRONIC FUND TRANSFERS NOT MADE BECAUSE OF INSUFFICIENT FUNDS, AND PROVIDE THAT A TAX LIEN OPERATES IN THE SAME MANNER AS A JUDGMENT; TO AMEND SECTIONS 12-54-420 AND 12-54-460, RELATING TO THE SETOFF DEBT COLLECTION ACT, SO AS TO PROVIDE THAT DEBT SETOFFS MAY BE MADE FOR PRIVATE INSTITUTIONS OF HIGHER LEARNING ONLY FOR STATE-AUTHORIZED STUDENT LOANS AND TO PROVIDE A NOTICE PROCEDURE BEFORE A SETOFF MAY BE MADE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 12-54-495 SO AS TO PROVIDE THAT CLAIMANT AGENCIES UNDER THE SETOFF DEBT COLLECTION ACT MUST INDEMNIFY THE TAX COMMISSION FOR LIABILITIES ARISING UNDER THE ACT.

Ordered for consideration tomorrow.

Senator WADDELL, from the Committee on Finance, submitted a favorable report on:

H. 3274 -- Reps. Kirsh, McTeer and D. Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-54-260 SO AS TO PROVIDE FOR THE COLLECTION OF DELINQUENT STATE TAXES BY SETTING OFF DELINQUENT TAXES AGAINST AMOUNTS DUE THE TAXPAYER FOR PROVIDING GOODS AND SERVICES TO THE STATE, TO PROVIDE THAT THE SOUTH CAROLINA TAX COMMISSION SHALL PROVIDE APPROPRIATE INFORMATION TO THE COMPTROLLER GENERAL FOR THE PURPOSE OF MAKING SETOFFS, TO REQUIRE AMOUNTS SET OFF TO BE REMITTED TO THE COMMISSION, TO PROVIDE FOR WRITTEN NOTICES OF THE SETOFF TO THE TAXPAYERS, AND TO PROVIDE FOR REVIEW OF SETOFFS BY THE COMMISSION.

Ordered for consideration tomorrow.

Senator WADDELL, from the Committee on Finance, submitted a favorable report on:

H. 3277 -- Reps. Kirsh, McTeer and D. Elliott: A BILL TO AMEND SECTION 12-36-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "RETAIL SALE" FOR PURPOSES OF THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO PROVIDE THAT THE DEFINITION INCLUDES THE SALE OF FOOD PRODUCTS, OTHER THAN SOFT DRINKS IN CLOSED CONTAINERS, TO VENDERS WHO SELL THE PRODUCTS THROUGH VENDING MACHINES, AND TO PROVIDE THAT THESE VENDERS ARE DEEMED TO BE THE USERS OR CONSUMERS OF THE PRODUCTS; AND TO AMEND SECTION 12-36-2120, RELATING TO SALES TAX EXEMPTIONS, SO AS TO PROVIDE THAT PORTIONS OF THE STANDARD INDUSTRIAL CLASSIFICATION MANUAL MUST BE USED AS AUTHORITY IN DETERMINING QUALIFICATIONS FOR THE EXEMPTION OF MACHINERY USED IN MANUFACTURING.

Ordered for consideration tomorrow.

Senator HOLLAND, from the General Committee, submitted a majority favorable and Senator REESE a minority unfavorable report on:

H. 3408 -- Rep. Kirsh: A BILL TO AMEND SECTION 39-55-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEMBERS OF THE CEMETERY BOARD, SO AS TO DELETE THE PROVISIONS FOR TWO MEMBERS TO BE APPOINTED FROM NOMINATIONS BY THE CEMETERY ASSOCIATION AND FOR INITIAL TERMS, PROVIDE FOR NOMINATIONS FROM AN INDIVIDUAL, A GROUP, OR AN ASSOCIATION, AND PROVIDE FOR APPOINTMENT AFTER A VACANCY; TO AMEND SECTION 39-55-95, RELATING TO LICENSES FOR THE OPERATION OF A CEMETERY, SO AS TO DECREASE THE REQUIRED EXPERIENCE FOR A GENERAL MANAGER FROM TWO YEARS TO ONE YEAR; TO AMEND SECTION 39-55-115, RELATING TO POWERS AND DUTIES OF THE BOARD, SO AS TO PROVIDE ADDITIONAL DUTIES REGARDING INVESTIGATIONS OF LICENSEES AND REVOCATION AND SUSPENSION OF LICENSES AND PROVIDE FOR APPLICATION OF THE ADMINISTRATIVE PROCEDURES ACT TO RELATED PROCEEDINGS; TO AMEND SECTION 39-55-125, RELATING TO RECORDS AND REGULATIONS OF A CEMETERY, SO AS TO PROHIBIT CERTAIN REGULATIONS, PROVIDE FOR THE ASSESSMENT OF FEES, DEFINE LABOR COSTS, AND PROVIDE FOR THE ESTABLISHMENT, AMENDMENT, AND ABOLISHMENT OF REGULATIONS PURSUANT TO THE ADMINISTRATIVE PROCEDURES ACT; TO AMEND SECTION 39-55-185, RELATING TO THE MERCHANDISE TRUST FUND, SO AS TO REQUIRE A FINANCIAL REPORT TO BE SIGNED BY A LICENSED ACCOUNTANT; AND TO REAUTHORIZE THE EXISTENCE OF THE CEMETERY BOARD FOR FIVE YEARS.

Ordered for consideration tomorrow.

Senator HOLLAND, from the General Committee, submitted a favorable report on:

H. 3410 -- Reps. Gregory, Kirsh, Short, Wilkins, Nettles and J. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-75-105 SO AS TO PROHIBIT CERTAIN LICENSES AND REGISTRATIONS BY THE BOARD OF EXAMINERS FOR THE LICENSURE OF PROFESSIONAL COUNSELORS, ASSOCIATE COUNSELORS, AND MARITAL AND FAMILY THERAPISTS; TO AMEND SECTION 40-75-100, AS AMENDED, RELATING TO THE REQUIREMENTS FOR LICENSURE UNDER THE PROFESSIONAL COUNSELOR, ASSOCIATE COUNSELOR, AND MARITAL AND FAMILY THERAPIST LICENSING ACT, SO AS TO DELETE THE REQUIREMENT THAT A LICENSURE APPLICANT RESIDE OR INTEND TO PRACTICE IN THIS STATE; TO AMEND SECTION 40-75-170, RELATING TO MISCONDUCT OF A LICENSEE, SO AS TO DELETE THE PROVISION FOR THE USE OF A SOLICITOR OR OTHER PERSON TO OBTAIN PATRONAGE; TO REPEAL SECTION 40-75-190 RELATING TO EXEMPTIONS UNDER THE ACT; AND TO REAUTHORIZE THE EXISTENCE OF THE BOARD OF EXAMINERS FOR SIX YEARS.

Ordered for consideration tomorrow.

Senator HOLLAND, from the General Committee, submitted a favorable report on:

H. 3449 -- Reps. Townsend and Cooper: A BILL TO AMEND SECTION 40-19-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE SOUTH CAROLINA STATE BOARD OF FUNERAL SERVICE TO REGULATE THE PRACTICE OF FUNERAL SERVICE AND TO REQUIRE CONTINUING EDUCATION FOR LICENSEES, SO AS TO EXEMPT FROM THE CONTINUING EDUCATION REQUIREMENT PERSONS LICENSED TWENTY OR MORE YEARS, TO DELETE SURPLUS LANGUAGE, AND TO EXEMPT ALL LICENSEES FROM THE CONTINUING EDUCATION REQUIREMENT UNTIL THE BOARD OFFERS CORRESPONDENCE CONTINUING EDUCATION COURSES.

Ordered for consideration tomorrow.

Senator HOLLAND, from the General Committee, submitted a favorable report on:

H. 3529 -- Rep. Keyserling: A BILL TO AMEND SECTION 60-11-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE SOUTH CAROLINA COMMISSION OF ARCHIVES AND HISTORY, SO AS TO AUTHORIZE EACH EX OFFICIO MEMBER TO APPOINT A PERSON TO REPRESENT THEM.

Ordered for consideration tomorrow.

Senator HOLLAND, from the General Committee, submitted a favorable report on:

H. 3548 -- Rep. Koon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-9-45 SO AS TO PROVIDE THAT A MANUFACTURER'S TRAINING CERTIFICATE IS NOT REQUIRED BEFORE A FIRE EQUIPMENT PERMIT MAY BE ISSUED BY THE STATE FIRE MARSHAL.

Ordered for consideration tomorrow.

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber at 11:50 A.M. and the following Acts and Joint Resolution were ratified:

(R83) S. 506 -- Senators Land and Holland: AN ACT TO AMEND SECTION 23-23-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATION OF LAW ENFORCEMENT OFFICERS, SO AS TO ALLOW CANDIDATES FOR CERTIFICATION AS CLASS II-SCO UNDER THE DEPARTMENT OF CORRECTIONS IN A COUNTY WITH A PRISON SYSTEM THAT BORDERS ANOTHER STATE TO HOLD A VALID CURRENT DRIVER'S LICENSE FROM ANY JURISDICTION.

(R84) 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: AN ACT 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.

(R85) S. 560 -- Senator Washington: AN ACT TO PROVIDE THAT THE COLLETON COUNTY SUPERINTENDENT OF EDUCATION MUST BE APPOINTED BY AND SHALL SERVE AT THE PLEASURE OF THE BOARD OF TRUSTEES OF THE COLLETON COUNTY SCHOOL DISTRICT RATHER THAN BE ELECTED AND TO MAKE THIS CHANGE IN THE METHOD OF CHOOSING THE SUPERINTENDENT EFFECTIVE AFTER THE GENERAL ELECTION OF 1992.

(R86) S. 667 -- Senator Washington: AN ACT TO REVISE THE MANNER IN WHICH MEMBERS OF THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF COLLETON COUNTY MUST BE ELECTED BEGINNING IN 1992, INCLUDING THE ESTABLISHMENT OF NONPARTISAN ELECTIONS AND THE ESTABLISHMENT OF SEVEN SINGLE-MEMBER ELECTION DISTRICTS FOR THE ELECTION OF CERTAIN MEMBERS, AND TO PROVIDE FOR THE TERMS OF THESE MEMBERS ELECTED.

(R87) S. 793 -- Senators Washington and Waddell: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 21 IN CHAPTER 13, TITLE 51, RELATING TO REGIONAL DISTRICTS, COMMISSIONS, AND AUTHORITIES FOR PURPOSES OF PARKS, RECREATION, AND TOURISM, SO AS TO ESTABLISH THE LOWCOUNTRY AND RESORT ISLANDS TOURISM COMMISSION AND TO PROVIDE FOR THE POWERS AND DUTIES OF THE COMMISSION.

(R88) H. 3649 -- Agriculture, Natural Resources and Environmental Affairs Committee: AN ACT TO AMEND SECTION 50-11-390, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT REGARDING ANTLERLESS DEER, SO AS TO REVISE THE DEPARTMENT'S AUTHORITY AND RELATED PENALTIES.

(R89) H. 3046 -- Reps. P. Harris, Waites, Whipper and Waldrop: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA COMMISSION ON AGING IN CONNECTION WITH THE SOUTH CAROLINA STATE HOUSING, FINANCE, AND DEVELOPMENT AUTHORITY 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.

(R90) H. 3349 -- Rep. Cork: AN ACT TO AMEND SECTION 50-17-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPOTTED SEA TROUT AND RED DRUM, SO AS TO REDUCE THE LEGAL CATCH LIMITS FOR SPOTTED SEA TROUT FROM TWENTY TO FIFTEEN A DAY AND FOR RED DRUM FROM TWENTY TO FIVE A DAY, TO EXTEND THE CLOSED SEASON FOR GIGGING FOR THESE FISH BY ONE MONTH, TO PROVIDE A CATCH OR POSSESSION LIMIT OF TWENTY A DAY FOR FLOUNDER, AND TO PROVIDE FOR EMERGENCY REGULATIONS BECAUSE OF NATURAL OR MAN-INDUCED PHENOMENA.

(R91) H. 3808 -- Rep. Wilkins: AN ACT TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS AND POLLING PLACES IN GREENVILLE COUNTY, SO AS TO CHANGE THE POLLING PLACES FOR PRECINCT 6, GREENVILLE, AND PRECINCT 117, WARE PLACE.

(R92) H. 3385 -- Rep. Altman: AN ACT TO AMEND SECTION 56-3-1240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPLAY OF LICENSE PLATES, SO AS TO PROHIBIT A CHANGE IN THE APPEARANCE OF A LICENSE PLATE ISSUED BY THE DEPARTMENT.

(R93) H. 3069 -- Reps. Farr, Haskins, Short, Sheheen, Waites, Wilkins and Rama: AN ACT TO AMEND SECTION 7-11-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONDUCT OF PARTY CONVENTIONS OR PARTY PRIMARY ELECTIONS, SO AS TO ALLOW A CERTIFIED POLITICAL PARTY TO HOLD A PRESIDENTIAL PRIMARY ELECTION, AND TO REQUIRE THE STATE COMMITTEE OF THE PARTY TO SET THE DATE AND THE HOURS FOR THE PRESIDENTIAL PRIMARY ELECTION AND THE FILING REQUIREMENTS.

(R94) H. 3246 -- Reps. Wright, Wilkes, D. Elliott and Sharpe: AN ACT TO AMEND SECTION 52-7-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOXING, WRESTLING, OR SPARRING EVENTS NOT SUBJECT TO REGULATION BY THE STATE ATHLETIC COMMISSION, SO AS TO PROVIDE THAT THE COMMISSION MAY APPROVE EXEMPTION FROM REGULATION EVENTS OF AMATEUR ASSOCIATIONS OR GROUPS AND TO DELETE PROVISIONS RELATING TO CIRCUMSTANCES IN WHICH AN AMATEUR BOXER MAY APPEAR ON A PROFESSIONAL CARD; AND TO AMEND SECTION 52-7-310, AS AMENDED, RELATING TO COUNTY ATHLETIC COMMISSIONS, SO AS TO PROVIDE THAT COMMISSIONERS ARE APPOINTED BY THE GOVERNING BODY OF THE COUNTY FOR TERMS OF FOUR YEARS AND TO PROVIDE THAT THE OFFICE OF A COMMISSIONER IS DECLARED VACANT IF THE COMMISSIONER FAILS TO ATTEND THREE CONSECUTIVE MEETINGS UNLESS EXCUSED BY A UNANIMOUS VOTE OF THE UNAFFECTED COMMISSIONERS.

(R95) H. 3838 -- Reps. Jennings and Beasley: AN ACT TO CREATE THE MARLBORO COUNTY BOARD OF ELECTIONS AND REGISTRATION AND TO ABOLISH THE MARLBORO COUNTY ELECTION COMMISSION AND MARLBORO COUNTY REGISTRATION BOARD AND DEVOLVE THEIR POWERS AND DUTIES UPON THIS NEW BOARD.

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

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

H. 3289 -- Rep. J. Bailey: A BILL TO AMEND SECTION 51-19-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE OLD EXCHANGE BUILDING COMMISSION, SO AS TO PROVIDE A PROCESS FOR FILLING VACANCIES.

H. 3145 -- Rep. Rama: A BILL TO AMEND SECTION 10-5-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE BARRIER FREE DESIGN STANDARDS LAW, SO AS TO DELETE THE REQUIREMENT IN THE DEFINITION OF "RENOVATION" THAT THE CHANGES IN THE PROJECT MUST BE STRUCTURAL TO COME WITHIN THE DEFINITION AND TO AMEND SECTION 10-5-273, AS AMENDED, RELATING TO THE EXCEPTION PROVIDED FOR UPPER FLOORS UNDER THESE STANDARDS FOR BUILDINGS OF A CERTAIN SIZE, SO AS TO REVISE THIS EXCEPTION.

H. 3556 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE LICENSING BOARD FOR CONTRACTORS, RELATING TO GROUNDS FOR REVOCATION OF LICENSE; CHARGES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1329, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3557 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE LICENSING BOARD FOR CONTRACTORS, RELATING TO THE ADMINISTRATION OF THE FIRE PROTECTION SPRINKLER SYSTEMS ACT, DESIGNATED AS REGULATION DOCUMENT NUMBER 1328, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

The following House Bill was read the third time, passed and ordered returned to the House with amendments:

H. 3257 -- Reps. Rudnick, Wilder, Baxley, Klapman, Rama, Wright, Waites and Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-41-290 SO AS TO REQUIRE THE OWNER OR OPERATOR OF A MOTOR VEHICLE FUEL SERVICE STATION TO DISPENSE GASOLINE OR OTHER MOTOR VEHICLE FUEL TO A DISABLED DRIVER UPON HIS REQUEST WHEN HE IS PROPERLY IDENTIFIED BY EITHER A PLACARD OR DISABLED LICENSE TAG AND HAVE THE GASOLINE OR OTHER FUEL DISPENSED TO THE DISABLED DRIVER AT THE SAME PRICE OTHERWISE CHARGED FOR GASOLINE OR OTHER FUEL PURCHASED ON A SELF-SERVICE BASIS.

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

S. 379 -- Senator Mullinax: A BILL TO AMEND SECTIONS 40-79-10, 40-79-30 AND 40-79-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "SOUTH CAROLINA REGULATION OF BURGLAR ALARM SYSTEM BUSINESSES ACT OF 1986" SO AS TO INCLUDE FIRE ALARM SYSTEM BUSINESSES WITHIN THE REGULATION AND LICENSURE PROVISIONS OF THE ACT.

H. 3026 -- Rep. Gentry: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 50-21-112, 50-21-114, AND 50-21-116 SO AS TO ESTABLISH THE OFFENSE OF BOATING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS AND PROVIDE A SCHEDULE OF BLOOD ALCOHOL CONTENT THAT GIVES RISE TO PRESUMPTIONS AND INFERENCES OF OPERATING A WATERCRAFT UNDER THE INFLUENCE, TO PROVIDE IMPLIED CONSENT BY OPERATORS OF WATERCRAFT TO TESTING OF BODILY FLUIDS FOR ALCOHOL AND DRUGS, AND TO PROVIDE FOR THE TESTING PROCEDURE AND PENALTIES FOR VIOLATIONS; TO AMEND SECTION 50-21-110, RELATING TO RECKLESS OPERATION OF WATERCRAFT, SO AS TO DELETE PROVISIONS RELATING TO OPERATING WATERCRAFT WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS AND PROVIDE PENALTIES FOR VIOLATIONS; AND TO AMEND SECTION 50-21-150, RELATING TO THE PUNISHMENT FOR OPERATING WATERCRAFT RECKLESSLY OR UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, SO AS TO DELETE THE PROVISION WHICH PROVIDES A PENALTY FOR VIOLATING SECTION 50-21-110.

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

Senator LAND proposed the following amendment (JUD3026.1), which was adopted:

Amend the bill, as and if amended, page 2, beginning on line 13, by striking subsection (B) of Section 50-21-112, as contained in SECTION 1.

Renumber remaining subsections to conform.

Amend title to conform.

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

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

S. 571 -- Senator Drummond: A BILL TO AMEND SECTION 12-27-1270, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ECONOMIC DEVELOPMENT ACCOUNT, SO AS TO PROVIDE FOR THE ACCOUNT TO BE REPLENISHED BASED ON FUNDS OBLIGATED OR COMMITTED BY THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT IN THE PREVIOUS YEAR, DELETE THE LIMITATION ON THE AMOUNT OF THE ACCOUNT, AND DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 13-3-20, RELATING TO THE OBJECTIVES OF THE STATE DEVELOPMENT BOARD, SO AS TO DELETE THE REFERENCE TO A STATEWIDE PLANNING PROGRAM; TO AMEND SECTION 13-3-90, RELATING TO THE DUTIES AND POWERS OF THE STATE DEVELOPMENT BOARD, SO AS TO DELETE THE PROVISION FOR A MASTER PLAN FOR AGENCIES TO CONSIDER CERTAIN STATE NEEDS AND DELETE THE REFERENCE TO A STATE PLANNING PROGRAM; TO AMEND SECTION 41-45-20, RELATING TO MEETINGS AND DUTIES OF THE COUNCIL, SO AS TO PROVIDE FOR AND DEFINE A STRATEGIC PLAN FOR ECONOMIC DEVELOPMENT AND REVISE DUTIES PERTAINING TO THE PLAN AND COORDINATION OF ACTIVITIES; TO AMEND SECTION 41-45-30, RELATING TO REPORTS BY THE COUNCIL, SO AS TO INCLUDE REPORTS TO THE CHAIRMEN OF THE SENATE FINANCE AND HOUSE WAYS AND MEANS COMMITTEES AND REQUIRE REPORTS ON THE ACCOUNT; TO AMEND SECTION 41-45-40, RELATING TO COUNCIL RECOMMENDATIONS, SO AS TO INCLUDE THE OBJECTIVES OF THE STRATEGIC PLAN, DELETE THE PROVISION FOR REFERRALS BY THE GENERAL ASSEMBLY AND STATE AGENCIES, AND REVISE THE RECOMMENDATIONS CONCERNING AGENCY REQUESTS FOR ECONOMIC DEVELOPMENT APPROPRIATIONS; TO AMEND SECTION 41-45-50, RELATING TO COUNCIL FUNDS, COMMITTEES, AND DATA, SO AS TO REVISE THE DUTIES OF THE COMMITTEES; AND TO REAUTHORIZE THE EXISTENCE OF THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT FOR SIX YEARS.

On motion of Senator LEATHERMAN, all amendments were carried over to third reading.

S. 261 -- Senator Fielding: A BILL TO AMEND SECTION 2-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPORTIONMENT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES INTO SPECIFIED HOUSE DISTRICTS AND SECTION 2-1-60, RELATING TO THE APPORTIONMENT OF MEMBERS OF THE SENATE INTO SPECIFIED SENATORIAL DISTRICTS, SO AS TO DELETE A PORTION OF LAND FROM HOUSE DISTRICT 92 AND SENATORIAL DISTRICT 38 OF DORCHESTER AND BERKELEY COUNTIES AND ADD IT TO HOUSE DISTRICT 117 AND SENATORIAL DISTRICT 41 OF CHARLESTON COUNTY.

On motion of Senator McCONNELL, all amendments were carried over to third reading.

S. 40 -- Senator Rose: A BILL TO AMEND TITLE 43, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-1-55 SO AS TO PROVIDE THAT THE STATE COMMISSIONER OF SOCIAL SERVICES IS EMPOWERED AND DIRECTED TO REDISTRIBUTE ANNUALLY EMPLOYEES ADMINISTERING MANDATED SERVICES AMONG THE COUNTIES ACCORDING TO THE RESPECTIVE COUNTY'S POPULATION AND CASE LOAD.

S. 703 -- Senators Lourie, Matthews and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 47 TO TITLE 27 SO AS TO PROVIDE FOR THE SOUTH CAROLINA MANUFACTURED HOME PARK TENANCY ACT BY SETTING FORTH PURPOSES, SCOPE, JURISDICTION, DEFINITIONS, INTERPRETATION OF PRINCIPLES, NOTICE, RENTAL AGREEMENTS, OBLIGATIONS OF OWNERS AND RESIDENTS, GROUNDS FOR EVICTION, AND NOTIFICATION OF SALE OF PARK, CHANGE IN LAND USE, AND REZONING.

(On motion of Senator HINDS)

S. 789 -- Senator Bryan: A BILL TO AMEND SECTION 4-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS GRANTED TO COUNTIES, SO AS TO REVISE AND REAUTHORIZE THE METHOD BY WHICH A SPECIAL TAX DISTRICT IS CREATED.

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

The amendment proposed by the Committee on Judiciary (JUD789.2) was adopted as follows:

Amend the bill, as and if amended, page 4, line 42, in Section 4-9-30(5)(a)(ii), as contained in SECTION 1, by striking /sixty/ and inserting /seventy-five/ .

Amend the bill further, as and if amended, page 4, line 43, in Section 4-9-30(5)(a)(ii), as contained in SECTION 1, by striking /sixty/ and inserting /seventy-five/ .

Amend the bill further, as and if amended, page 5, beginning on line 15, in Section 4-9-30(5)(a)(iii), as contained in SECTION 1, by striking /For the purposes of this item, `unincorporated area' means the area not included within the corporate boundaries of a municipal corporation created pursuant to Chapter 1 of Title 5./ and inserting therein the following: /For purposes of this item, `unincorporated area' means the area not included within the corporate boundaries of a municipal corporation created pursuant to Chapter 1 of Title 5 or the area not included within a special purpose district created prior to March 7, 1973, by special act of the General Assembly, to which has been committed the governmental service which the county council intends to provide through the proposed special taxing district if such governmental service is being provided by such special purpose district at the time of the adoption of the ordinance creating the special tax district./ .

Amend the bill further, as and if amended, page 5, beginning on line 19, in Section 4-9-30(5)(b), as contained in SECTION 1, by striking /After one of the above procedures has been completed, county council shall pass an ordinance establishing the special tax district and providing for the number, appointment, and terms of office of the commissioners of the district./ and inserting /In the ordinance establishing the special tax district, county council shall provide for the operation of the special tax district. The special tax district may be operated as an administrative division of the county, or county council may appoint a commission consisting of three to five members and provide for their terms of office./ .

Amend the bill further, as and if amended, page 5, line 29, in Section 4-9-30(5)(c), as contained in SECTION 1, by striking /municipality/ and inserting /county/ .

Amend the bill further, as and if amended, page 6, after line 14, in Section 4-9-30(5), as contained in SECTION 1, by adding a new subsection to read:

/(g) Any special taxing district created prior to the effective date of this act pursuant to this subsection, the creation of which would have been valid but for any inconsistency in or constitutional infirmity of this subsection as codified at the time of such creation, is hereby created and declared to be valid, and its existence is confirmed as of the date of its prior creation; provided, however, that any such special taxing district shall be subject to all provisions of this subsection as provided for in this act, including without limitation item (e)./

Renumber subsections and items to conform.

Amend title to conform.

Senator BRYAN explained the amendment.

Senator BRYAN proposed the following amendment (BR1\1615.AC), which was adopted:

Amend the bill, as and if amended, Section 4-9-30(5), by adding an appropriately lettered subitem to read:

/( ) The creation of a street lighting system within a county may not disrupt the assignment of electric service rights by the Public Service Commission. The special tax district may not treat the street lighting system as one premises for the purchase of electric energy. Those lighting structures located in an area assigned by the South Carolina Public Service Commission to an electric supplier pursuant to Section 58-27-640, et seq., must be served by the designated electric supplier unless it consents to service by another supplier. Those light structures located in an unassigned area must be considered a single premises and may be served by an electric supplier pursuant to the customer choice provisions of Section 58-27-620 or by an electrical utility that has petitioned for and received a certificate of necessity and convenience from the South Carolina Public Service Commission to serve the lighting structures planning for the unassigned areas./ .

Renumber sections to conform.

Amend title to conform.

Senator BRYAN explained the amendment.

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

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

S. 893 -- Senator Russell: A BILL TO AMEND ACT 1005 OF 1964, AS AMENDED, RELATING TO THE NORTH SPARTANBURG AREA FIRE AND RESCUE DISTRICT, SO AS TO PROVIDE THAT THE GOVERNING BODY OF THE DISTRICT MAY BORROW WITHOUT LIMITATION IN ANTICIPATION OF TAXES.

On motion of Senator RUSSELL, S. 893 was ordered to receive a third reading on Friday, April 26, 1991.

S. 513 -- Senators Drummond, J. Verne Smith and Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 IN TITLE 40, RELATING TO PROFESSIONS AND OCCUPATIONS, SO AS TO REVISE AND RECODIFY THE LAW RELATING TO THE REGISTRATION OF ENGINEERS AND LAND SURVEYORS BY THE SOUTH CAROLINA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS AND PROVIDE PENALTIES FOR VIOLATIONS, TO REPEAL CHAPTER 21, TITLE 40 OF THE 1976 CODE, RELATING TO THE REGISTRATION OF ENGINEERS AND LAND SURVEYORS, TO PROVIDE FOR THE CONTINUATION OF REGULATIONS PROMULGATED UNDER PRIOR LAW, TO AUTHORIZE A FEE FOR THE TEMPORARY REGISTRATION OF ENGINEERS, TO PROVIDE FOR THE CONTINUATION IN OFFICE OF THE MEMBERS OF THE SOUTH CAROLINA STATE BOARD FOR REGISTRATION OF ENGINEERS AND LAND SURVEYORS, AND TO SAVE PROCEEDINGS BEFORE THE BOARD ARISING UNDER PRIOR LAW.

On motion of Senator WADDELL, S. 513 was ordered to receive a third reading on Friday, April 26, 1991.

S. 365 -- Senators Lourie and Giese: A BILL TO AMEND SECTION 7-11-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONDUCT OF PARTY PRIMARY ELECTIONS, SO AS TO AUTHORIZE THE STATE COMMITTEE OF A PARTY TO SET THE DATE AND TIMES THAT THE POLLS WILL BE OPEN AND THE FILING REQUIREMENTS.

On motion of Senator MARTSCHINK, S. 365 was ordered to receive a third reading on Friday, April 26, 1991.

S. 617 -- Senators Helmly and Moore: A BILL TO AMEND SECTION 30-15-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECORDATION OF VETERANS' DISCHARGE RECORDS, SO AS TO PERMIT, SUBJECT TO THE APPROVAL OF THE COUNTY GOVERNING BODY AND THE COUNTY VETERANS' AFFAIRS OFFICER, THE CLERK OF COURT TO TRANSFER ALL RESPONSIBILITIES TO THE COUNTY VETERANS' AFFAIRS OFFICER TO RECEIVE, RECORD, AND MAINTAIN DISCHARGE RECORDS.

Senator MOORE explained the Bill.

On motion of Senator MOORE, S. 617 was ordered to receive a third reading on Friday, April 26, 1991.

S. 741 -- Senators Hayes, Bryan, Fielding, Matthews, Hinds, Nell W. Smith, Wilson, Gilbert, Moore, Leatherman, Holland, Mitchell, Thomas, Helmly, Russell, Waddell, Lourie, Land and McGill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2975 SO AS TO REQUIRE CHILD DAY CARE FACILITIES TO HAVE ON ITS PREMISES AT LEAST ONE CAREGIVER WITH A CURRENT CERTIFICATE FOR THE PROVISION OF BASIC FIRST AID AND CHILD-INFANT CARDIOPULMONARY RESUSCITATION.

Senator NELL W. SMITH explained the Bill.

On motion of Senator NELL W. SMITH, S. 741 was ordered to receive a third reading on Friday, April 26, 1991.

S. 853 -- Senators Saleeby and J. Verne Smith: A BILL TO AMEND SECTION 44-56-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORITY OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO IMPLEMENT AND ENFORCE THE FEDERAL HAZARDOUS WASTE CLEANUP LAW, SO AS TO INCLUDE SUBSEQUENT AMENDMENTS TO THE FEDERAL LAW WITHIN THE DEPARTMENT'S ENFORCEMENT AUTHORITY.

H. 3073 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 TO TITLE 44 SO AS TO PROVIDE FOR THE RIGHTS OF MENTAL HEALTH PATIENTS; AND TO REPEAL SECTIONS 44-17-820, 44-23-230, 44-23-1010, 44-23-1020, 44-23-1030, 44-23-1040, 44-23-1050, 44-23-1060, 44-23-1070, 44-23-1090, 44-52-170, AND 44-52-190 RELATING TO THE RIGHTS OF MENTAL HEALTH PATIENTS.

Senator BRYAN explained the Bill.

On motion of Senator NELL W. SMITH, H. 3073 was ordered to receive a third reading on Friday, April 26, 1991.

H. 3081 -- Reps. M.O. Alexander, Manly, Cork, Keyserling, Neilson, Baxley, McKay, Houck, Jaskwhich, Cato, Whipper, J. Bailey, Holt, Barber, Rama, Hallman, Fulmer, Faber, Koon, Wilder, McElveen, McLeod, Harrison, D. Williams, T.C. Alexander, L. Martin, Stoddard, Haskins, Corning, Hayes, Hodges, Sheheen, McGinnis, Wells, Phillips, Clyborne, Mattos, Littlejohn, Bruce, Corbett, M. Martin, Klapman, Cromer, Waites, J. Williams, Keegan, J. Rogers, Short, Waldrop, Burch, Wilkins, Kinon, Kempe, P. Harris, G. Brown, J. Harris, T. Rogers, A. Young, Meacham, Harvin, Altman, Marchbanks, Rudnick and J. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-50 SO AS TO PROHIBIT THE SALE OF CLEANING AGENTS CONTAINING PHOSPHATES, TO PROVIDE EXCEPTIONS, AND TO PROVIDE PENALTIES FOR VIOLATION.

Senator POPE explained the Bill.

Senator J. VERNE SMITH asked unanimous consent for third reading Friday.

Senator BRYAN objected.

H. 3623 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WIC VENDOR REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1236, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 916 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF ARCHITECTURAL EXAMINERS, RELATING TO PRACTICE OF ARCHITECTURE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1369, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 917 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF REGISTRATION FOR LANDSCAPE ARCHITECTS, RELATING TO REGISTRATION, EXAMINATION, CERTIFICATE FEES, AND CODE OF ETHICS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1365, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 883 -- Senators J. Verne Smith, Shealy, Leatherman, Giese, Waddell, Drummond, Moore, Bryan, Lourie, Long, Peeler, Mitchell, Hinds, Rose and Mullinax: A BILL TO AMEND TITLE 24 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 RELATING TO THE CLASSIFICATION SYSTEM AND ADULT CRIMINAL OFFENDER MANAGEMENT SYSTEM SO AS TO ESTABLISH AN OFFENDER MANAGEMENT SYSTEM TO ALLEVIATE PRISON OVERCROWDING BY PROVIDING FOR THE IDENTIFICATION, PREPARATION, AND PLACEMENT OF APPROPRIATE NON-VIOLENT OFFENDERS IN THE COMMUNITY; AND TO REPEAL SECTIONS 24-3-1110 THROUGH 24-3-2060, THE PRISON OVERCROWDING POWERS ACT.

On motion of Senator WADDELL, S. 883 was ordered to receive a third reading on Friday, April 26, 1991.

H. 3317 -- Reps. Boan and McElveen: A BILL TO AMEND ACT 127 OF 1989, RELATING TO THE SOUTH CAROLINA HEALTH INSURANCE POOL, SO AS TO DESIGNATE A PORTION OF THAT ACT AS SECTION 38-74-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND TO PROVIDE THAT THE WAITING PERIOD WAIVER DOES NOT APPLY TO A PERSON WHOSE POLICY HAS BEEN TERMINATED OR RESCINDED INVOLUNTARILY DUE TO A MATERIAL MISREPRESENTATION AND TO CLARIFY THAT A PERSON IS INELIGIBLE FOR POOL COVERAGE IF OTHER HEALTH INSURANCE UNDER WHICH THEY ARE COVERED OR ELIGIBLE IS COMPARABLE TO THAT OFFERED BY THE POOL.

On motion of Senator SALEEBY, H. 3317 was ordered to receive a third reading on Friday, April 26, 1991.

H. 3318 -- Reps. Boan and McElveen: A BILL TO AMEND ACT 127 OF 1989, RELATING TO THE SOUTH CAROLINA HEALTH INSURANCE POOL, SO AS TO DESIGNATE A PORTION OF THAT ACT AS SECTION 38-74-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND TO PROVIDE THAT THE COLLECTION OF ASSESSMENTS FROM MEMBERS OF THE POOL IS FOR CLAIMS INCURRED OR ESTIMATED TO BE INCURRED UNDER THE PLAN RATHER THAN FOR CLAIMS PAID UNDER THE PLAN.

On motion of Senator SALEEBY, H. 3318 was ordered to receive a third reading on Friday, April 26, 1991.

H. 3638 -- Reps. Wilkins, Clyborne, Hodges, Keesley, Burch, M. Martin, Cole, Hayes, Nettles, Waldrop, McTeer, Waites, Phillips, Beasley, Wright, Quinn, Townsend, T.C. Alexander, J. Brown and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-3235 SO AS TO PROVIDE THAT JUVENILE CORRECTIONAL OFFICERS AND OTHER DESIGNATED EMPLOYEES OF THE SOUTH CAROLINA DEPARTMENT OF YOUTH SERVICES WHILE PERFORMING THEIR OFFICIALLY ASSIGNED DUTIES RELATING TO CUSTODY, CONTROL, TRANSPORTATION, OR RECAPTURE OF A JUVENILE OFFENDER HAVE THE STATUS OF PEACE OFFICERS FOR THESE LIMITED PURPOSES AND TO PROVIDE THAT EMPLOYEES OF THE DEPARTMENT OF YOUTH SERVICES' DIVISION OF PUBLIC SAFETY SHALL CONTINUE TO BE COMMISSIONED AS STATE CONSTABLES UPON PROPER TRAINING AND CERTIFICATION AND AFTER HAVING TAKEN THE PROPER OATH.

S. 926 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO AIR POLLUTION CONTROL STANDARDS, STANDARD NO. 8, TOXIC AIR POLLUTANTS (ADDITIONAL CHEMICALS), DESIGNATED AS REGULATION DOCUMENT NUMBER 1336, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 927 -- Judiciary Committee: A BILL TO AMEND CHAPTER 8, TITLE 36, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INVESTMENT SECURITIES UNDER THE UNIFORM COMMERCIAL CODE, SO AS TO FURTHER PROVIDE FOR THE ISSUANCE OF THESE SECURITIES, FOR THE RIGHTS, DUTIES, AND OBLIGATIONS OF THE HOLDERS AND ISSUES OF THESE SECURITIES, FOR THE PURCHASE, TRANSFER AND REGISTRATION OF THESE SECURITIES, AND FOR THE NEGOTIABILITY OF THESE SECURITIES AND OTHER RELATED PROVISIONS, AND TO AMEND SECTIONS 36-1-201, 36-5-114, 36-9-103, 36-9-105, 36-9-203, 36-9-302, 36-9-304, 36-9-305, 36-9-309, AND 36-9-312, RELATING TO OTHER PROVISIONS OF THE UNIFORM COMMERCIAL CODE, SO AS TO REVISE THESE PROVISIONS IN ORDER TO CONFORM THEM TO THE ABOVE PROVISIONS OF CHAPTER 8.

On motion of Senator WILLIAMS, S. 927 was ordered to receive a third reading on Friday, April 26, 1991.

S. 141 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22-3-745 SO AS TO AUTHORIZE MAGISTRATES TO DISMISS CRIMINAL CASES FOR LACK OF PROSECUTION.

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

The amendment proposed by the Committee on Judiciary (JUD141.4) was adopted as follows:

Amend the bill, as and if amended, page 1, beginning on line 19, by striking SECTION 1 in its entirety and inserting therein the following:

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

"Section 22-3-745. Magistrates and municipal judges may dismiss criminal charges for lack of timely prosecution provided that the prosecutor and defendant have been given ten days notice of the date, time, and location of trial."/

Amend title to conform.

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

On motion of Senator WILLIAMS, S. 141 was ordered to receive a third reading on Friday, April 26, 1991.

S. 194 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-601 SO AS TO PROVIDE THAT A JUVENILE MAY NOT BE INCARCERATED IN A JAIL OR OTHER PLACE OF DETENTION FOR CONTEMPT OF COURT FOR COMMITTING OR VIOLATING A COURT ORDER PROHIBITING THE COMMISSION OF A STATUS OFFENSE, AND BY ADDING SECTION 20-7-602 SO AS TO PROVIDE THAT THE TERMS "JAIL OR OTHER PLACE OF DETENTION" AND "DETENTION FACILITIES" INCLUDE A LAW ENFORCEMENT LOCKUP OR HOLDING CELL FOR PURPOSES OF CERTAIN PROVISIONS OF LAW PROHIBITING THE PLACING OF A JUVENILE IN JAIL FOR A STATUS OFFENSE OR THE PLACING OF A JUVENILE LAWFULLY IN JAIL IN THE SAME CELL WITH ADULTS.

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

Senators GIESE and ROSE proposed the following amendment (RES194.01), which was adopted:

Amend the committee report, as and if amended, page 194-1, line 30, after the word "juvenile" by inserting the following:
"who has no prior or current criminal adjudication,"

Amend the committee report further, page 194-1, line 37, after the word "offender" by inserting the following:
"who has no prior or current criminal adjudication"

Amend the committee report further, page 194-1, line 41, after the word "for" by inserting the following:
"such"

Amend the committee report further, page 194-1, line 42, after the word "contemnors" by inserting the following:
"with no prior or current criminal adjudication"

Amend the committee report further, page 194-1, line 44, after the word "of" and inserting the following:

"such"

Amend title to conform.

Senator BRYAN explained the amendment.

The amendment proposed by the Committee on Corrections and Penology (BR1\1511.AC) was adopted as follows:

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

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

"Section 20-7-601. Except as otherwise provided for in Section 20-7-600(G), no judge of any court of this State may order the detention or incarceration of a juvenile in any type of jail, detention facility, or secure correctional institution operated by the Department of Youth Services for a `status offense' or for contempt of court for the commission of or for violating a court order prohibiting the commission of a `status offense' as defined in Section 20-7-30(6); however, a status offender who has been held in contempt by the Family Court may be committed to the Department of Youth Services by the court upon the department's development of a residential housing unit and program for contemnors which segregates contemnors from its general institutional population and upon the department's certification to the court that the commitment of an individual contemnor will not result in the department exceeding the operational capacity of this residential housing unit. This provision will not affect a court's authority to temporarily commit a status offender or a juvenile found in contempt of court to the custody of the Department of Youth Services in accordance with Section 20-7-2205."

SECTION 2. This act takes effect upon approval by the Governor./

Amend title to conform.

Senator BRYAN explained the amendment.

Senator NELL W. SMITH proposed the following amendment (BBM\9400.AC), which was adopted:

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

/SECTION ___. Within six months of this act's effective date the Department of Youth Services shall provide the Joint Legislative Committee on Children with a report on the implementation and status of the provisions of Section 20-7-601 as added by Section 1 of this act./

Renumber sections to conform.

Amend title to conform.

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

On motion of Senator ROSE, S. 194 was ordered to receive a third reading on Friday, April 26, 1991.

S. 636 -- Senators Rose and Reese: A JOINT RESOLUTION TO CREATE THE SOUTH CAROLINA ENVIRONMENTAL AWARENESS AWARD TO BE PRESENTED ANNUALLY TO A PERSON EXEMPLIFYING EXTRAORDINARY DEDICATION TO THE CONSERVATION AND PRESENTATION OF THE ENVIRONMENT OF SOUTH CAROLINA BY A COMMITTEE CONSISTING OF DESIGNATED REPRESENTATIVES FROM THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, THE STATE COMMISSION OF FORESTRY, WATER RESOURCES COMMISSION, AND THE WILDLIFE AND MARINE RESOURCES COMMISSION.

The Senate proceeded to a consideration of the Joint Resolution. The question being the adoption of the amendment proposed by the Committee on Medical Affairs.

The amendment proposed by the Committee on Medical Affairs (7493.BD) was adopted as follows:

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

/Whereas, the members of the General Assembly recognize the urgency of continuing conservation and preservation of the environment; and

Whereas, in their ongoing desire to perpetuate the concerns and actions of citizens in these matters, the members find it appropriate to recognize persons who have shown extraordinary dedication to the conservation and preservation of the environment of this State. Now, therefore,

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Title 48 of the 1976 Code is amended by adding:

Section 48-55-10. (A) The South Carolina Environmental Awareness Award must be presented annually by a committee of two members appointed from each of the following:

(1) South Carolina Department of Health and Environmental Control by its commissioner;

(2) State Commission of Forestry by its chairman;

(3) South Carolina Sea Grant Consortium by its executive director;

(4) South Carolina Water Resources Commission by its chairman;

(5) South Carolina Wildlife and Marine Resources Commission by its chairman.

(B) The committee shall elect from its members a chairman and a secretary. The department or each commission shall provide for the expenses of its members, except collective expenses must be shared by the department and the commissions.

Section 48-55-20. The committee shall establish procedures for:

(1) conducting and scheduling its meetings;

(2) receiving nominations for the award;

(3) selecting the recipient of the award.

Section 48-55-30. Presentation of the award and all related announcements must be made annually the first week in February. It must recognize outstanding contributions made toward the conservation of South Carolina's environment for the previous year. The recipient shall:

(1) exemplify extraordinary dedication to preserving and protecting the environment and natural resources of South Carolina through statewide efforts or efforts in his community or neighborhood;

(2) possess upstanding moral character;

(3) meet other reasonable criteria considered appropriate by the committee."

SECTION 2. This act takes effect upon approval by the Governor./

Amend title to conform.

Senator ROSE explained the Joint Resolution.

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

On motion of Senator ROSE, S. 636 was ordered to receive a third reading on Friday, April 26, 1991.

S. 791 -- Senator Drummond: A BILL TO AMEND SECTIONS 24-21-60, 24-21-70, AND 24-21-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO GRANT THE DUTIES PREVIOUSLY GRANTED TO THE EXECUTIVE DIRECTOR TO THE COMMISSIONER; TO AMEND SECTION 24-21-220, RELATING TO THE POWERS OF THE EXECUTIVE DIRECTOR, SO AS TO GRANT THE DUTIES PREVIOUSLY GRANTED TO THE EXECUTIVE DIRECTOR TO THE COMMISSIONER AND FURTHER GRANT THE COMMISSIONER ADMINISTRATIVE DUTIES REGARDING MEETINGS; TO AMEND CHAPTER 21, TITLE 24, BY ADDING SECTION 24-21-221, SO AS TO PROVIDE THAT THE COMMISSIONER MUST GIVE A THIRTY-DAY NOTICE TO CERTAIN PERSONS PRIOR TO CONSIDERING A PRISONER FOR PAROLE; TO AMEND SECTIONS 24-21-230, 24-21-240, 24-21-250, 24-21-260, 24-21-270, 24-21-280, 24-21-290, 24-21-420, 24-21-430, RELATING TO PROBATION OFFICERS, SO AS TO CHANGE THE REFERENCES TO "OFFICERS" TO "AGENTS" AND REFERENCES TO "EXECUTIVE DIRECTOR" TO "COMMISSIONER"; TO AMEND SECTION 24-21-440, RELATING TO TIME PERIODS OF PROBATION, SO AS TO DELETE THE REQUIREMENT THAT THE COURT MUST ENTER A DISCHARGE ORDER UPON COMPLETION OF THE PROBATION PERIOD; TO AMEND SECTION 24-21-450, RELATING TO REVOCATION OF PAROLE, SO AS TO CHANGE REFERENCES TO "OFFICER" TO "AGENT"; TO AMEND SECTION 24-21-480, RELATING TO RESTITUTION CENTERS, SO AS TO AUTHORIZE THE BOARD TO PLACE A PRISONER IN A RESTITUTION CENTER AS A CONDITION OF PAROLE; TO AMEND SECTION 24-21-620, RELATING TO PAROLE BOARD REVIEWS, SO AS TO CHANGE THE REFERENCE TO THE "COMMISSIONER OF PAROLES AND PARDONS" TO "COMMISSIONER"; TO AMEND SECTIONS 24-21-645 AND 24-21-650, RELATING TO THE BOARD, SO AS TO CHANGE THE REFERENCES TO "EXECUTIVE DIRECTOR" TO "COMMISSIONER"; TO AMEND SECTION 24-21-660, RELATING TO A PAROLED PRISONER'S CUSTODY, SO AS TO REQUIRE THAT THE PRISONER REMAIN IN THE BOARD'S "JURISDICTION" RATHER THAN IN THE BOARD'S "LEGAL CUSTODY"; TO AMEND SECTION 24-21-680, RELATING TO REVOCATION OF PAROLE, SO AS TO REQUIRE THE PAROLE AGENT TO ISSUE A CITATION UPON THE VIOLATION OF PAROLE AND TO GRANT THE BOARD THE AUTHORITY TO MAKE A FINAL DETERMINATION AS TO REVOCATION RATHER THAN CANCELING THE ORDER OF PAROLE AND GIVING THE PRISONER THE STATUS OF AN ESCAPED CONVICT; TO AMEND 24-21-930, RELATING TO PAROLE ORDERS, SO AS TO CHANGE REFERENCES TO "EXECUTIVE DIRECTORS" TO "COMMISSIONERS"; TO AMEND SECTION 24-21-990, RELATING TO THE EFFECTS OF A PARDON, SO AS TO ALLOW A PARDONED PRISONER TO HOLD PUBLIC OFFICE EXCEPT AS PROVIDED FOR IN SECTION 16-13-210 AND TO PROVIDE THAT A PARDON DOES NOT EXPUNGE A RECORD OF CONVICTION; TO AMEND SECTION 24-23-130, RELATING TO THE SUPERVISION OF A PROBATIONER, SO AS TO CHANGE THE REFERENCES TO "OFFICER" TO "AGENT"; AND TO REPEAL SECTION 24-21-14, RELATING TO THE COMMISSIONER OF PAROLES AND PARDONS.

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

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

The amendment proposed by the Committee on Corrections and Penology (BR1\1513.AC) was adopted as follows:

Amend the bill, as and if amended, by striking Section 24 and inserting:

/SECTION 24. Section 24-21-990 of the 1976 Code is amended to read:

"Section 24-21-990. A pardon shall fully restore all civil rights lost as a result of a conviction, which shall include the right to:

(1) register to vote;

(2) vote;

(3) serve on a jury;

(4) hold public office, except as provided in Section 16-13-210;

(5) testify without having the fact of his conviction introduced for impeachment purposes unless the crime indicates a lack of veracity;

(6) not have his testimony excluded in a legal proceeding if convicted of perjury; and

(7) be licensed for any occupation requiring a license."/

Renumber sections to conform.

Amend title to conform.

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

On motion of Senator DRUMMOND, S. 791 was ordered to receive a third reading on Friday, April 26, 1991.

H. 3076 -- Reps. P. Harris, Carnell, J. Harris, Waites, Whipper and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 24 TO TITLE 44 SO AS TO PROVIDE PROCEDURES FOR THE COMMITMENT OF CHILDREN IN NEED OF MENTAL HEALTH TREATMENT.

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

Senator BRYAN proposed the following amendment (N05\7511.BD), which was adopted:

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

/Whereas, it is the purpose of this legislation to insure that children in need of treatment receive appropriate care and treatment, to recognize parents' authority to make medical decisions for their children, to protect children against needless mental health services, especially hospitalization and deprivations of liberty, and to enable medical decisions to be made in response to clinical needs and in accordance with sound psychiatric judgment; and

Whereas, it is the policy of South Carolina to insure basic rights to each minor child of a treatment facility or program. These rights include the right to dignity, humane care, and proper adult supervision and guidance. In recognition of his status as a developing individual, the minor must be provided opportunities to enable him to mature physically, emotionally, intellectually, socially, and vocationally. The least restrictive treatment alternative must be chosen in each child's case, and every child is entitled to care and treatment suited to his own individual needs based on an established plan of treatment. Now, therefore,

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Title 44 of the 1976 Code is amended by adding:

Section 44-24-10. As used in this chapter:

(1) `Child' means a person under the age of eighteen years.

(2) `Child in need of emergency admission' means a child who is in need of treatment, who poses an imminent danger of seriously harming himself or others if not immediately hospitalized, and for whom immediate hospitalization can be obtained only through an involuntary emergency admission.

(3) `Child in need of judicial admission' means a child who is in need of treatment and for whom treatment can be obtained only through an involuntary judicial admission.

(4) `Child in need of treatment' means a child in need of mental health treatment who manifests a substantial disorder of cognitive or emotional processes, which lessens or impairs to a marked degree that child's capacity either to develop or to exercise age appropriate or age adequate behavior. The behavior includes, but is not limited to, marked disorders of mood or thought processes, severe difficulties with self-control and judgment including behavior dangerous to self or others, or serious disturbances in the ability to care for and relate to others. The presence of epilepsy, mental retardation, organic brain syndrome, physical or sensory handicaps, or brief periods of intoxication caused by alcohol or other substances is not sufficient to meet the criteria for a child in need of treatment but does not exclude a child otherwise determined to fulfill the above criteria.

(5) `Court' means the probate court unless otherwise specified.

(6) `Crisis stabilization' means a short term placement to enable a child who has lost control to regain control in order to be returned to his previous placement or to an appropriate treatment facility or program.

(7) `Department' means the State Department of Mental Health.

(8) `Diagnostic evaluation' means the systematic appraisal of a child's functional level in various domains such as educational, social, and psychological to determine the nature and extent of treatment or services which may be required to meet the needs of the child.

(9) `In-home intervention' means comprehensive, individualized in-home family services which are designed to intervene at times when there is a possibility that the child will have to be removed from the home to a more restrictive environment or to prepare a family for a child's transition back into the home.

(10) `Law enforcement officer' means a state, county, or city police officer, officer of the South Carolina Highway Patrol, sheriff, or deputy sheriff.

(11) `Outpatient counseling' means a regularly scheduled goal-oriented intervention by a competent professional responsive to the needs of the child, for the purposes of assisting the child in solving problems related to educational, vocational, emotional, familial, and social issues through cognitive and affective modes.

(12) `Psychiatric assessment and evaluation' means a systematic appraisal, in accordance with generally accepted medical practices, for the following purposes: specialized psychiatric review of physiological phenomena, psychiatric diagnostic evaluation, psychiatric therapeutic evaluative services, and assessment of the appropriateness of initiating or continuing the use of psychotropic medications in treatment of a child.

(13) `Residential treatment program or facility' means a structured, supportive, and therapeutic residential program for a child in need of treatment.

(14) `Treatment team' means persons drawn from or representing the professional disciplines or service areas included in the development and implementation of a treatment plan.

(15) `Twenty-four hour emergency assessment' means diagnostic evaluation capabilities when necessary to determine a child's clinical status and needs.

Section 44-24-20. (A) If a child is found to be a proper subject for voluntary admission, the director of a treatment program or facility shall admit for treatment an individual who is:

(1) sixteen years of age or older and who applies for admission;

(2) under sixteen years of age if his parent or legal guardian applies for admission on his behalf.

(B) A governmental agency, acting as legal guardian, admitting a child voluntarily, shall notify the child's guardian ad litem within forty-eight hours. If a guardian ad litem has not been appointed, the agency shall petition the court for appointment within seventy-two hours.

Section 44-24-30. When a child sixteen years of age or older is admitted to an inpatient facility at the department, the probate court of the county in which the child resides or where the child applied for admittance shall appoint a guardian ad litem. The guardian ad litem shall review the case and report to the court whether, in his opinion, the child had applied voluntarily or if the application was involuntary. The review may not exceed seven days. During the review the guardian ad litem must have access to relevant information and must be able to interview the parents or guardian of his ward. If the guardian ad litem suspects the application was involuntary, he shall notify the court and facility where the child is held. After notification, the facility shall evaluate further the appropriateness of admission and report the findings to the court. After reviewing the opinion of the guardian ad litem and the facility, if the court determines the:

(1) application was involuntary and no need for commitment exists, the child must be discharged immediately;

(2) application was voluntary and admission is necessary, there must be no further action before periodic review;

(3) child is in need of alternative treatment other than admission to a facility, the local mental health center is responsible for coordinating appropriate services.

Section 44-24-40. The director of a treatment program or facility immediately shall discharge to the parent, legal guardian, or agency a voluntarily admitted child who:

(1) is no longer in need of that treatment program or facility; or

(2) requests his own discharge or whose discharge is requested, in writing, by his parent or legal guardian, or other interested person, unless at least one of the following exists:

(a) the child was admitted on his application if sixteen years of age or older, and the request for discharge is made by a person other than the child, in which case, discharge is conditioned upon agreement of the child;

(b) the child, by reason of age, was admitted on the application of another person, in which case, discharge, before becoming sixteen years of age, is conditioned upon three days' notice, exclusive of Saturdays, Sundays, and legal holidays, being given to and consent being obtained from his parent or legal guardian;

(c) the director of the treatment program or facility, within three days, exclusive of Saturdays, Sundays, and legal holidays, after the child or other interested person requests the child's discharge, files with the court of the county in which the child resided or was present immediately before his admission, a petition for judicial commitment pursuant to Section 44-24-100.

Section 44-24-50. When admitted to the residential program or facility, thirty days after the date of admission, and every six months after, a voluntarily admitted child must be informed in writing of his right to release in language which is appropriate for his age. The child shall sign a statement to that effect which becomes a part of that child's record. The child's parent or legal guardian or other interested person must be informed also and shall sign a statement to that effect which becomes a part of the child's record.

Section 44-24-60. (A) A child may be admitted to an inpatient hospital for emergency admission upon:

(1) written application under oath by an interested person stating:

(a) belief that the child is in need of treatment and in danger of harming himself or others as a result of his need for treatment;

(b) the specific type of serious harm thought probable if the child is not hospitalized immediately;

(c) the factual basis for this belief.

(2) a certification in triplicate by a licensed physician stating that he has examined the child and is of the opinion that he is a child in need of treatment and in need of emergency admission. The certification must contain the grounds for the opinion.

(B) A child for whom a certificate has been issued must not be admitted on the basis of the certificate after the expiration of three calendar days after the date of his examination.

(C) Before the emergency admission of a child to a treatment program or facility of the department, the child must be examined by a licensed physician. The physician shall inform the mental health center in the county where the child resides or where the examination takes place of the mental and physical treatment needs of the child. The physician shall consult with the center regarding the commitment and admission process and the available treatment options and alternatives in lieu of hospitalization at a state psychiatric facility.

(D) The examining physician shall complete a statement that he has consulted with the local mental health center before the admission of the child to a state psychiatric facility. If the physician does not consult with the center, he shall state a clinical reason for his failure to do so. The statement must accompany the physician's certificate and written application for emergency commitment. The department, in its discretion, may refuse to admit a child to its facility if the physician fails to complete the statement required by this chapter.

(E) Within twenty-four hours after his admission, exclusive of Saturdays, Sundays, and legal holidays, the place of admission shall forward the application and certification to the court of the county in which the child resides or where the acts or conduct leading to his admission occurred.

(F) Within forty-eight hours of receipt of the application and certification exclusive of Saturdays, Sundays, and legal holidays, the court shall conduct a preliminary review of the evidence to determine if probable cause exists to continue the emergency detention of the child. If the court finds that probable cause does not exist, it shall issue an order of release for the child. Upon a finding of probable cause, the court shall make a written order detailing its findings and may order the continued detention of the child. The court shall appoint counsel for the child if he has not retained counsel and fix a date for a full hearing to be held within fifteen days from the date of his admission.

(G) With each application and certification, the place of admission also shall provide the court with an examiner appointment form listing the names of two examiners.

(H) If the court appoints these two examiners, the examination must be performed at the place of admission and a report must be submitted to the court within seven days from the date of admission. The court may appoint independent examiners who shall submit a report to the court within five days. In the process of the examination by the examiners, previous treatment records must be considered. At least one of the examiners appointed by the court must be a licensed physician.

(I) The examiner's report must be available to the child's counsel before the full hearing.

Section 44-24-70. If a child, believed to be a child in need of treatment and likely to cause serious harm if not hospitalized immediately, cannot be examined by a licensed physician pursuant to Section 44-24-60 because his whereabouts are unknown or for any other reason, the petitioner seeking commitment pursuant to Section 44-24-60 shall execute an affidavit stating that he believes the child to be a child in need of treatment or likely to cause serious harm if not hospitalized. The grounds for the belief must be included and a statement that the usual procedure for examination must not be followed and the reason. Upon presentation of the affidavit, the court may require a law enforcement officer to take the child into custody and transport him for an examination by a licensed physician as provided for in Section 44-24-60. If within the twenty-four hours the child is not examined by a licensed physician or, if upon examination, the physician does not execute the certification provided in Section 44-24-60, the proceedings must be terminated and the child immediately released. Otherwise, proceedings must be held pursuant to Section 44-24-60.

Section 44-24-80. The certificate provided for in Section 44-24-60(A)(2) must require a law enforcement officer, preferably in civilian clothes, to take the child into custody and transport him to the hospital designated by the certification. Upon request, a law enforcement officer shall transport the child's parent, legal guardian, or other adult family member to accompany the child to the hospital. No child may be taken into custody after the expiration of three days from the date of certification. A friend or relative may transport the individual to the hospital designated in the application, if the friend or relative has read and signed a statement on the certificate which clearly states that it is the responsibility of a law enforcement officer to provide timely transportation for the patient and that the friend or relative freely chooses to assume the responsibility. A friend or relative who chooses to transport the patient is not entitled to reimbursements from the State for the cost of the transportation. No child may be subjected to mechanical restraints during transportation except upon the determination by the law enforcement officer that restraints are necessary to prevent the child's escape or harm to himself or others. An officer acting in accordance with this chapter is immune from civil liability.

Section 44-24-90. (A) Upon receipt of a petition and certification, if any, the court shall give notice, by certified mail, of the petition to the child and his legal guardian, a guardian ad litem, if one has been appointed, and to other interested persons. Every reasonable effort must be made to notify the child's natural parents of the petition. This notice must indicate the child's right to counsel. Proceedings for judicial admission to a treatment program or facility may begin by filing a written petition with the court of the county where the child is present or where the child is a resident by an interested person. The petition must state the factual basis of the person's belief that:

(1) the child is in need of treatment;

(2) treatment may be obtained only through an involuntary admission.

(B) The petition may be accompanied by a certificate of an examiner stating that he has examined the child and is of the opinion the child is a child in need of treatment. The certificate or written statement must contain the underlying facts upon which the examiner or petitioner bases his conclusions.

(C) Within three days after a petition for judicial commitment is filed, exclusive of Saturdays, Sundays, and legal holidays, the court shall appoint counsel to represent the child if counsel has not been retained in the child's behalf. The court shall appoint two examiners, one of whom is a licensed physician, to examine the child and report to the court their findings as to the child's mental condition and the need if any, for treatment. If the child refuses examination, the court may require a law enforcement officer to take the child into custody and to transport him for examination by the two examiners. After the examination, the child must be released. A record of the examination must be made and offered to his counsel. If the conclusions of the examination are that the child is a child in need of treatment, the underlying facts must be recorded as well as the conclusion. The child or his guardian may request an additional examination by an independent examiner. The examination must be conducted at public expense.

Section 44-24-100. Notice of the hearing for an emergency admission or a judicial admission must be given to the child or his guardian, his counsel, and other interested persons at least five days before the hearing, exclusive of Saturdays, Sundays, and legal holidays. The notice must include the time, date, and place of the hearing, a clear statement in plain and simple language of the purpose of the proceedings, and the possible consequences to the individual for whom involuntary admission is sought and a copy of the petition or affidavit and supporting certificates of the examining physician.

Section 44-24-110. (A) The written reports filed with the court by the designated examiners must include, but are not limited to, questions relating to whether or not the child poses an imminent danger to himself or others, whether or not recent overt acts are indicative of a child in need of treatment, and whether or not a less restrictive placement is recommended and available.

(B) If the report of the examiners is that the child is not in need of treatment, the court shall dismiss the petition and the child must be discharged immediately by the place of admission if the child has been admitted to a treatment facility or program.

(C) If the report of the examiners is that the child is a child in need of treatment, the court may order that the child be detained at the place of his admission or in another treatment facility or program.

(D) If the report of the examiners is divided, the court may terminate the proceedings or shall designate a third examiner, who must be a psychiatrist or psychologist trained or experienced in the treatment of children, and order that the three examiners render a majority opinion within three days exclusive of Saturdays, Sundays, and legal holidays.

Section 44-24-120. The child or the child's guardian may request removal of the proceedings to another county of the State when the convenience of witnesses and the ends of justice require it. When the place of the proceedings is changed, all other proceedings must be held in the county to which the place of hearing is changed, unless otherwise provided by the filed consent of the parties in writing or order of the court. The papers must be filed or transferred accordingly.

Section 44-24-130. A person to whom notice is required may appear at the hearing, testify and, within the discretion of the court, present and cross-examine witnesses, and the court may receive the testimony of other persons. The court may hold the hearing in a suitable location in the State, without regard to whether the location is in the county of the court conducting the hearing, when the judge is satisfied that the health and welfare of the child concerned is best served by conducting the hearing in a location other than the court. The hearing may be conducted in an informal manner consistent with orderly procedure. The court shall follow the rules of evidence applicable to the probate courts in receiving evidence. The child or his legal guardian may have a free transcript of the record of the proceedings.

Section 44-24-140. (A) If the court finds, after presentation of all the evidence, that the child is not in need of treatment, the court shall order that he must be discharged if he has been hospitalized before the hearing.

(B) If, upon completion of the hearing and consideration of the record, the court finds upon clear and convincing evidence that the child is in need of treatment, he may order commitment to the department.

Section 44-24-150. (A) A family court may commit a child, who is otherwise before the court on another matter, for purposes of psychiatric evaluation in those instances in which an evaluation in the community is not considered appropriate by the community mental health center. An order of commitment for psychiatric evaluation may not exceed fifteen days. Upon written request by the department to the court, the evaluation period may be extended for no more than an additional fifteen days.

(B) Upon notification by the department to the court that the evaluation has been completed, the court shall issue an order to implement the immediate discharge of the child from the department's facility.

(C) If a psychiatric evaluation indicates a child is in need of treatment, the family court may:

(1) defer to the probate court for purposes of commitment to a range of services; or

(2) commit to a range of services utilizing the procedures and forms applicable to the probate court pursuant to Chapter 23 and this chapter of Title 44.

Section 44-24-160. A child admitted to an inpatient treatment program must be examined by a member of the professional staff of the program promptly after his admission and must be reviewed by the treatment team within seven days after admission. Promptly after the treatment team review, a formal program of care and treatment designed to meet the needs of the child must be instigated. Results of all examinations and an outline of the child's treatment program must be entered in his clinical record. Unless the child or his legal guardian consents in writing, no treatment may be given which is not recognized as standard mental health treatment.

Section 44-24-170. (A) A child is entitled to have a reexamination on his own petition or that of another interested person to the court of the county from which he was admitted. The treatment program must inform every child and the child's guardian of the right to petition for reexamination. The notice must be given in writing upon admission to the program and once during the first month of treatment and six months thereafter during the treatment of the child in age appropriate language and in writing.

(B) Upon receipt of the petition the court shall conduct proceedings in accordance with applicable provisions of Sections 44-24-90 through 44-24-150. The proceedings are not required if the petition is filed sooner than six months after the issuance of the order for treatment or sooner than six months after the holding of a hearing pursuant to this section. The costs must be borne by the State.

Section 44-24-180. (A) A child in need of treatment admitted involuntarily to a mental health service which removes him from home, must have his case reviewed by the court within twenty days of admission and every six months. If the review determines the child is no longer in need of mental health services or alternative services, he must be discharged immediately.

(B) A child in need of treatment admitted involuntarily to a mental health service where he remains at home, must have the case reviewed sixty days after admission and every six months. If the review determines the child is no longer in need of mental health services or in need of alternative services, the child must be discharged immediately, or, if necessary, the court shall request the mental health center in which the child is being treated to refer the child to the proper alternative services for the child.

(C) The treatment team may petition the court for review after the initial review.

Section 44-24-190. (A) No child who has been admitted involuntarily to a treatment facility or program may be moved from a less restrictive program to a more restrictive program without court approval. Court approval is not mandatory for moves from more restrictive to less restrictive programs. The court must be notified within twenty-four hours when a child is moved from one program to another.

(B) A child who has been admitted involuntarily to a treatment facility or program may be placed in community crisis stabilization without court approval for not more than five days. The head of the facility in which the child is placed shall inform the court within three days of placement. Court approval is mandatory to extend the period of crisis stabilization beyond the five days and for each successive five day extension.

(C) If the child has not been returned to an appropriate treatment program or facility within ten days of being placed in crisis stabilization, the court shall hold a review hearing within fifteen days of the crisis stabilization placement to determine and order the appropriate program for the child.

Section 44-24-200. (A) If a child committed to an inpatient facility or a residential treatment program is absent without proper authorization, the facility or program director immediately shall notify the appropriate state and local law enforcement officials and the parent or legal guardian of the absence by telephone. The notice also must be confirmed in writing and mailed to the law enforcement officials, parent, or legal guardian within twenty-four hours after the absence is discovered.

(B) A law enforcement officer, upon the request of the facility director or his designee and without necessity of a warrant or a court order, may take the child into custody and return him to the program or facility.

Section 44-24-210. It is unlawful for a person, without prior authorization from the child's attending physician or his designee, to take a child away or cause him to be taken away from the grounds of an inpatient facility or residential treatment program. A person violating the provisions of this section, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than one year, or both.

Section 44-24-220. No child may be discharged by the department or private hospital without appropriate discharge planning. A member of the child's treatment team shall coordinate in advance with the child's parent or legal guardian as well as other service providers to ensure continuity in service for the child in the community.

Section 44-24-230. In order to provide community-based treatment as an alternative to hospitalization, the department shall provide or cause to be provided a range of mental health programs for children in each mental health center recognized by the State. Based on available resources and to the extent funds are made available to the department by the General Assembly, the programs must include, but are not limited to:

(1) twenty-four hour emergency assessment;

(2) crisis stabilization;

(3) in-home intervention;

(4) therapeutic foster care;

(5) outpatient counseling, diagnostic evaluation, including psychological testing when required, and psychiatric assessment and evaluation;

(6) consultation with other agencies serving the child.

Section 44-24-240. Agencies providing services to children or withholding legal custody of children are accountable within their legislative mandate to participate in the planning and service provision to a child determined to be in need of treatment. Agencies shall exchange and share records of services to the child and the child's background.

Section 44-24-250. A parent or guardian of a child admitted to a treatment program or facility is entitled and expected to confer at reasonable intervals with the treating physician, psychologist, or other members of the treatment team concerning the child's condition, treatment, or diagnosis. The treatment facility may request that the parent or guardian of a child hospitalized or treated must be available for consultation and cooperation in connection with the treatment process. The treatment facility may request that the court, as part of the relief ordered in the commitment proceedings, order the guardian or parents to cooperate with the treatment process if they have been party to the action.

Section 44-24-260. A child who is a patient of a treatment facility at all reasonable times may:

(1) communicate and consult with the agency or individual having legal custody of him;

(2) communicate, consult, and visit with legal counsel and private mental health service providers of his parent's or guardian's choice at his own expense. With the consent of the child, and upon request, legal counsel must be provided with copies of the child's treatment records.

Section 44-24-270. (A) A child who is a patient of a treatment program has the right to:

(1) receive special education and vocational training in addition to other forms of treatment from the State Department of Education as required by law;

(2) participate in play, recreation, physical exercise, and outdoor activity on a regular basis, in accordance with his needs;

(3) keep and use his own clothing and personal possessions under appropriate supervision;

(4) participate in religious worship;

(5) receive assistance as needed in sending and receiving correspondence and in making telephone calls at his own expense;

(6) receive visitors, under appropriate supervision;

(7) have access to individual storage space for his own use.

(B) No right enumerated in subsection (A) may be restricted without a written statement in the child's treatment record by a member of the child's treatment team. This statement must indicate the detailed reason for the restrictions. A written restriction is effective for not more than sixty days and may be renewed only by the child's attending physician. Reason for renewal must be entered in the child's treatment records. Renewed restrictions may not exceed thirty days.

(C) Except as otherwise provided by law, no child may be denied the right to:

(1) hold a driver's license;

(2) marry or divorce.

(D) Unless adjudicated incompetent, no child may be denied any other rights specified by law.

Section 44-24-280. No child may be subjected to mechanical or chemical restraints, seclusion, or another form of physical coercion or restraint unless the action is authorized by a physician as being required to prevent a child from taking actions which are dangerous to himself or to others or prevent an imminent and substantial disruption of the therapeutic setting of the facility. The authorization for the action must be entered in the child's record within one hour of the action. The authorizations are not valid for more than eight hours unless approved by the facility director or his designee. No child in an inpatient treatment facility of the department may be subjected to corporal punishment."

SECTION 2. This act takes effect six months after approval by the Governor, except Section 44-24-230(1) takes effect July 1, 1991, Section 44-24-230(2) takes effect July 1, 1992, Section 44-24-230(3) takes effect July 1, 1993, Section 44-24-230(4) takes effect July 1, 1994, Section 44-24-230(5) takes effect July 1, 1995, and Section 44-24-230(6) takes effect July 1, 1996.

Amend title to conform.

Senator BRYAN explained the amendment.

Senator WADDELL spoke on the Bill.

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

On motion of Senator BRYAN, H. 3076 was ordered to receive a third reading on Friday, April 26, 1991.

H. 3368 -- Reps. Fair, Sharpe, Rama, J. Bailey, Huff, Cork, Wells, Quinn, Harvin, Haskins, Jaskwhich, Holt, Wright, Neilson, Littlejohn, Fulmer, G. Bailey, Phillips, Gonzales, Vaughn, Burriss, H. Brown, Koon, M. Martin, McGinnis, McCain, Bruce and Marchbanks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-15-410 SO AS TO CREATE THE CRIME OF THIRD DEGREE SEXUAL EXPLOITATION OF A MINOR FOR POSSESSION OF MATERIAL THAT CONTAINS A VISUAL REPRESENTATION OF A MINOR ENGAGED IN SEXUAL ACTIVITY AND TO PROVIDE A PENALTY; AND TO AMEND SECTION 16-15-375 OF THE 1976 CODE, RELATING TO DEFINITIONS APPLICABLE TO SECTIONS 16-15-385 THROUGH 16-15-425, SO AS TO INCLUDE SECTION 16-15-410.

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

S. 380 -- Senators Bryan, Peeler, Hayes, Fielding and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 24 TO TITLE 44 SO AS TO PROVIDE PROCEDURES FOR THE COMMITMENT OF CHILDREN IN NEED OF MENTAL HEALTH TREATMENT.

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

S. 237 -- Senator Martschink: A BILL TO AMEND SECTION 5-7-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL JURISDICTION OF COASTAL MUNICIPALITIES OVER PIERS AND OTHER STRUCTURES AND WATERS OF THE OCEAN WITHIN ONE MILE OF THE STRAND WITHIN THE CORPORATE LIMITS, SO AS TO PROVIDE THAT A COASTAL MUNICIPALITY HAS CRIMINAL JURISDICTION OVER THE WATERS OF THE OCEAN AND INLETS.

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

H. 3059 -- Rep. Whipper: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 30, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO EXTRA COMPENSATION NOT PERMITTED BY THE GENERAL ASSEMBLY, SO AS TO ALLOW THE GENERAL ASSEMBLY TO ALLOW EXTRA COMPENSATION FOR SERVICE RENDERED DURING STATE EMERGENCIES, INCLUDING HAZARDOUS WEATHER.

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

S. 555 -- Senators Pope, McConnell, Patterson, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Leatherman, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Peeler, Reese, Rose, Russell, Saleeby, Setzler, J. Verne Smith, Nell W. Smith, Thomas, Waddell, Washington and Wilson: A BILL TO AMEND ARTICLE 15, CHAPTER 7, TITLE 14, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE GRAND JURY SYSTEM, SO AS TO REVISE THE JURISDICTION AND CERTAIN PROCEDURES OF THE SYSTEM.

On motion of Senator STILWELL, with unanimous consent, the Bill was committed to the Committee on Finance, retaining its place on the calendar.

S. 881 -- Senators Pope, Martin, Lourie and McConnell: A CONCURRENT RESOLUTION TO FIX WEDNESDAY MAY 8, 1991, AT 12:00 NOON AS THE TIME FOR ELECTING SUCCESSORS FOR CERTAIN JUDGES OF THE CIRCUIT COURT WHOSE TERMS EXPIRE JUNE 30, 1992, AND JUNE 30, 1994; AND TO ELECT SUCCESSORS FOR CERTAIN JUDGES OF THE FAMILY COURT WHOSE TERMS EXPIRE JUNE 30, 1995.

Senator STILWELL explained the Resolution.

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

H. 3916 -- Reps. Gentry, D. Martin, Hendricks and Hodges: A CONCURRENT RESOLUTION TO FIX WEDNESDAY MAY 8, 1991, AT 12:00 NOON AS THE TIME FOR ELECTING SUCCESSORS FOR CERTAIN JUDGES OF THE CIRCUIT COURT WHOSE TERMS EXPIRE JUNE 30, 1992, AND JUNE 30, 1994; AND TO ELECT SUCCESSORS FOR CERTAIN JUDGES OF THE FAMILY COURT WHOSE TERMS EXPIRE JUNE 30, 1995.

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

H. 3544 -- Rep. Wright: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO ENACT LEGISLATION GRANTING JURISDICTION TO THE FEDERAL COURTS IN CASES WHERE AN AMERICAN CITIZEN IS CHARGED WITH THE MURDER OF AN AMERICAN CITIZEN COMMITTED WHILE ABROAD.

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

Senator POPE requested and was granted at 12:47 P.M. a leave of absence for the remainder of the day.

By prior motion of Senator WADDELL, the Senate agreed that when it adjourns on Friday, April 26, 1991, that it stand adjourned to meet on Monday, April 29, 1991, at 11:00 A.M.

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

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