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

The following Bills 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. 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.

(By prior motion of Senator NELL W. SMITH, with unanimous consent)

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1976, AND TO PROVIDE THAT THE WAITING PERIOD WAIVER DOES NOT APPLY TO A PERSON WHOSE POLICY HAS BEEN TERMINATED OR RESCINDED INVOLUNTARILY DUE TO A MATERIAL MISREPRESENTATION AND TO CLARIFY THAT A PERSON IS INELIGIBLE FOR POOL COVERAGE IF OTHER HEALTH INSURANCE UNDER WHICH THEY ARE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.

(By prior motion of Senator SALEEBY, with unanimous consent)

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.

(By prior motion of Senator SALEEBY, with unanimous consent)

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

H. 3076 -- Reps. P. Harris, Carnell, J. Harris, Waites 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.

(By prior motion of Senator BRYAN, with unanimous consent)

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

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.

(By prior motion of Senator WADDELL, with unanimous consent)

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.

(By prior motion of Senator RUSSELL)

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.

(By prior motion of Senator DRUMMOND, with unanimous consent)

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.

(By prior motion of Senator MARTSCHINK, with unanimous consent)

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.

(By prior motion of Senator ROSE, with unanimous consent)

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.

(By prior motion of Senator DRUMMOND, with unanimous consent)

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.

(By prior motion of Senator MOORE, with unanimous consent)

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.

(By prior motion of Senator ROSE, with unanimous consent)

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.

(By prior motion of Senator NELL W. SMITH, with unanimous consent)

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.

(By prior motion of Senator WILLIAMS, with unanimous consent)

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.

(By prior motion of Senator WADDELL, with unanimous consent)

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.

(By prior motion of Senator WILLIAMS, with unanimous consent)

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

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.

(By prior motion of Senator MACAULAY)

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.

(By prior motion of Senator WASHINGTON, with unanimous consent)

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.

By prior motion of Senator WADDELL, with unanimous consent, the following amendment (RES935.01) was adopted:

Amend the bill, as and if amended, Page 1, Line 31 after the words "South Carolina" by inserting the following:

/or any symbol which contains, includes, or is derivative of the Seal of South Carolina/

Amend title to conform.

By prior motion of Senator WADDELL, with unanimous consent, the Bill was read the second time, passed and ordered to a third reading.

By prior motion of Senator WADDELL, with unanimous consent, S. 935 was ordered to receive a third reading on Monday, April 29, 1991.

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.

By prior motion of Senator MARTSCHINK, with unanimous consent, the following amendment (436\11682.DW) was adopted:

Amend the bill, as and if amended, page 1, Section 43-33-330, line 31, by striking /,/ after /regions/ and inserting /. Eight members must be elected by the board upon recommendation by the system's nominating committee which shall consult with advocacy groups of the State representing persons with handicaps. Members shall serve/.

Amend title to conform.

By prior motion of Senator MARTSCHINK, with unanimous consent, the Bill was read the second time, passed and ordered to a third reading.

At 11:52 A.M., on motion of Senator SHEALY, the Senate adjourned to meet next Monday, April 29, 1991, at 11:00 A.M.

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