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, in a period of sensitive social concerns, we are taken to the basics by the physician, St. Luke, 10:36-37, in the story of the Good Samaritan.
Hear the concluding words `Today's English Version':

"And Jesus concluded, `In you opinion, which

one of these three acted like a fellow-man

toward the man attacked by the robbers?'

The teacher of the Law answered, `The one

who was kind to him.'

Jesus replied, `You go, then, and do the same.'
Let us pray.

Lord God, you know that these are grievous days for many people.

Help us, as we seek to serve here, to hear not only the cries and the beckoning of those who come here asking us to help them... but also may we be in touch, and in tune, with the needs of people who cannot send a representative to plead their case... and provide us with information about their needs.

Make us sensitive... and help us to remember even... "the least in the Kingdom"... in the spirit of Jesus.

Amen.

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

February 27, 1992
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.

Initial appointment, Member, Board of Examiners for Nursing Home & Community Residential Care Facility Administrators, with term to expire December 31, 1994:

Consumer-Nursing Home:

Mrs. Dorothy L. Brown, 410 Flamingo Drive, N.E., Orangeburg, South Carolina 29115

Referred to the Committee on Medical Affairs.

March 4, 1992
Mr. President and Members of the Senate:

I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
Carroll A. Campbell, Jr.

Reappointment, Member, Richland County Board of Voter Registration, with term to expire March 15, 1994:

Ms. Gloria J. Wilson, 830 Willie Wilson Road, Eastover, South Carolina 29044

Ms. Elizabeth R. Cromer, 3817 Barwick Street, Columbia, South Carolina 29205

Ms. Donna Lynn Weatherford, 3222 Blossom Street, Columbia, South Carolina 29205

Ms. Lillian D. Sumter, Apartment 205, 4600 Fort Jackson Boulevard, Columbia, South Carolina 29209

At-Large:

Mrs. Sharon G. Burton, 513 Innsbrook Drive, Columbia, South Carolina 29210 VICE Edith P. Tripp

The following was received and referred to the appropriate committee for consideration:

Document No. 1447
Promulgated By Law Enforcement Training Council
Conduct
Received By Lt. Governor March 4, 1992
Referred to Senate Committee on Judiciary
120 day review expiration date July 2, 1992

The following was received:

Document No. 1389
Promulgated By Commissioners of Pilotage Port of Charleston
Harbor Pilots
Received By Lt. Governor July 29, 1991
Referred to Senate Committee on Labor, Commerce and Industry
120 day review expiration date May 13, 1992
Senate Labor, Commerce and Industry Committee requested withdrawal January 23, 1992
Withdrawn January 30, 1992
Resubmitted February 24, 1992
Withdrawn and Resubmitted March 4, 1992
Revised 120 day review expiration date June 13, 1992

S. 984 -- Senators Drummond, Martschink, McConnell, Fielding, Long, Hinds, Passailaigue and Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-3-5 SO AS TO DEFINE THE CENTER LINE OF WATERWAYS FOR PURPOSES OF DESCRIBING COUNTIES AND JURY AREAS; TO AMEND SECTIONS 4-3-70, 4-3-100, 4-3-150, 4-3-270, 4-3-310, AND 4-3-320, RELATING TO THE BOUNDARIES OF THE COUNTIES OF BEAUFORT, CHARLESTON, COLLETON, GEORGETOWN, HORRY, AND JASPER, SO AS TO REDEFINE THEIR BOUNDARIES; TO AMEND SECTION 22-2-190, AS AMENDED, RELATING TO JURY AREAS IN VARIOUS COUNTIES, SO AS TO REDEFINE THE JURY AREAS IN BEAUFORT, CHARLESTON, COLLETON, GEORGETOWN, HORRY, AND JASPER COUNTIES; AND TO REPEAL SECTION 4-3-160 RELATING TO THAT PORTION OF CHARLESTON COUNTY WHICH WAS TRANSFERRED TO COLLETON COUNTY.

The House returned the Bill with amendments.

Senator McConnell proposed the following Amendment No. 1 (RES984.01), which was adopted:

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

SECTION 1. The 1976 Code is amended by adding:

"Section 4-3-5. For purposes of describing the boundaries of counties when a county boundary is used to establish or describe the boundary of a jury area in Chapter 2 of Title 22, the center line of waterways is defined as:

(1) for areas influenced by the tide, the center line is the line described by a series of points equidistant from the banks as delineated at mean high tide, except when an island is present; then the center line follows the main channel around the island and is the line described by a series of points equidistant from the banks of the main channel as delineated at mean high tide; and

(2) for areas not influenced by the tide, the center line is the line described by a series of points equidistant from the banks as delineated by the ordinary high-water mark, except when an island is present; then the center line follows the main channel around the island and is the line described by a series of points equidistant from the banks of the main channel as delineated by the ordinary high-water mark."

Amend title to conform.

Senator McCONNELL argued in favor of the adoption of the amendment.

The amendment was adopted.

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

Columbia, S.C., March 5, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
H. 3775 -- Rep. Bennett: A BILL TO AMEND SECTION 50-13-1116, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MARKING AND IDENTIFICATION OF NONGAME FISHING DEVICES, SO AS TO REVISE THE REQUIREMENTS FOR FLOATING MARKERS; TO AMEND SECTION 50-13-1135, RELATING TO COMMERCIAL AND NONCOMMERCIAL FISHING LICENSES FOR TAKING FRESHWATER NONGAME FISH WITH CERTAIN FISHING DEVICES, SO AS TO REVISE THE REQUIREMENTS FOR A TROTLINE; TO AMEND SECTION 50-13-1145, RELATING TO THE MAXIMUM NUMBER OF DEVICES FOR FRESHWATER FISHING, SO AS TO REVISE THE NUMBER OF TROTLINE HOOKS; TO AMEND SECTION 50-13-1150, RELATING TO APPLICATIONS AND FEES FOR RESIDENT AND NONRESIDENT COMMERCIAL FISHING LICENSES, SO AS TO INCREASE THE FEE FOR NONRESIDENTS FROM FIVE HUNDRED TO SEVEN HUNDRED FIFTY DOLLARS; TO AMEND SECTION 50-13-1155, AS AMENDED, RELATING TO TAGS AND PERMITS FOR CERTAIN NONGAME FISHING DEVICES, SO AS TO INCREASE THE PURCHASE PRICE FOR THE TAGS AND PERMITS FOR NONRESIDENTS TO FIFTY DOLLARS; TO AMEND SECTION 50-13-1180, RELATING TO TROTLINES, SO AS TO REQUIRE TROTLINE HOOKS USED IN LAKES MARION AND MOULTRIE TO HAVE A GAP AND PROHIBIT STAINLESS STEEL HOOKS; TO AMEND SECTION 50-13-1192, RELATING TO THE TYPE AND NUMBER OF NONGAME FISHING DEVICES USED IN FRESHWATER, SO AS TO REVISE THE REQUIREMENTS FOR TROTLINES; AND TO AMEND SECTION 50-13-1195, RELATING TO PENALTIES IN THE PROTECTION OF NONGAME FISH, SO AS TO AUTHORIZE THE FORFEITURE OF TAGS AND PERMITS AND PROVIDE FOR THE INELIGIBILITY FOR OTHER TAGS AND PERMITS UPON FORFEITURE.
Very respectfully,
Speaker of the House

On motion of Senator DRUMMOND, the Senate insisted upon its amendments to the Bill and asked for a Committee of Conference.

Whereupon, the PRESIDENT appointed Senators DRUMMOND, HELMLY and LAND of the Committee of Conference on the part of the Senate, and a message was sent to the House accordingly.

Senator RUSSELL introduced Dr. Lawrence Heavrin of Spartanburg, South Carolina, Doctor of the Day.

At 11:05 A.M., on motion of Senator BRYAN, Senator STILWELL was granted a leave of absence for today.

The following were introduced:

S. 1367 -- Senators Martin and Wilson: A SENATE RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE SENATE AT THE DEATH OF WILLIAM E. HASLETT OF FAIRFIELD COUNTY, FORMER MAYOR OF WINNSBORO, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

On immediate consideration, the Senate Resolution was adopted.

S. 1368 -- Senators Robert W. Hayes, Jr., Peeler and Hinson: A CONCURRENT RESOLUTION RECOGNIZING YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS AND DECLARING MARCH 10, 1992, "YORK COUNTY DAY".

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

S. 1369 -- Senator Setzler: A CONCURRENT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY ISSUES RELATING TO MIDDLE, JUNIOR HIGH, AND HIGH SCHOOL STUDENTS WHO LIKELY WILL NOT ATTEND COLLEGE OR WILL DROP OUT OF SCHOOL, INCLUDING CONSIDERATIONS PERTAINING TO APPRENTICE PROGRAMS, MENTORSHIP PROGRAMS, COMMUNITY SERVICE AND BUSINESS APPROACHES, THE TECH-PREP PROGRAM, POST-SECONDARY OPTIONS PROGRAMS, AND INCENTIVES FOR GRADUATING FROM HIGH SCHOOL.

Whereas, South Carolina will not be able to grow and its citizens prosper unless its students are adequately educated to confront the challenges of a rapidly changing world; and

Whereas, almost one-third of South Carolina students drop out of high school and the majority of students do not pursue post-secondary education; and

Whereas, the education of those students who take general curriculum courses in high school too often leave them inadequately prepared to enter the job market upon leaving high school or to be productive citizens; and

Whereas, these students are frequently called the "forgotten half" because, while almost every other developed country in the world provides meaningful joint education and work-related experiences to encourage responsible citizenship and to develop work skills, the United States does not specifically address these students' education needs which results in one of the highest dropout rates, highest youth unemployment rates, highest youth crime rates, and highest children-in-poverty rates among developed countries. South Carolina unfortunately ranks even worse than the United States in some of these categories; and

Whereas, accountability measures established by the Education Finance Act and Education Improvement Act and continued by the Target 2000 Act have certain provisions that provide programs and funding for these types of students; and

Whereas, as the requirements of employment become more and more sophisticated, South Carolina must do a better job of working with noncollege bound high school students to make sure they are prepared for today's workplace; and

Whereas, South Carolina's broad goal in education must be to challenge every student to achieve his highest level of ability while assuring at the same time that every child is educated sufficiently to become a productive member of society. Now, therefore,

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

That a committee is created to study issues relating to middle, junior high, and high school students who likely will not attend college or will drop out of school, including as areas of study such critical issues as early career counseling of these students, the Tech-Prep program, mentorship programs, including the Learning Web program, the new Oregon and Kentucky reform legislation, post-secondary options programs, the German, Dutch, and Swedish apprenticeship programs, the experience based career education and cooperative education programs, Job Corps program, school-within-a-school business academies, community service, and incentives for graduating from high school.

This committee shall investigate what is currently being provided to South Carolina students who are not college-bound, and compare that to what is being provided to students in leading developed countries and other states against which South Carolina businesses and industries compete for economic development. Such items, among others, of which the committee shall make a comparative study, are:

(1) the use of workplaces in community settings as learning environments;

(2) the link between successful employment and work experiences and academic learning through apprenticeship learning arrangements;

(3) the transition from school to work community responsibility;

(4) the fostering of close relationships between youth and adult mentors; and

(5) simultaneous experiences as a worker with real responsibility and a learner.

The committee shall consist of thirty-five members appointed as provided herein. The Speaker of the House of Representatives, the Governor, the Lieutenant Governor, the State Superintendent of Education, the Chairman of the Senate Education Committee, the Chairman of the House Education and Public Works Committee, and the Chairman of the Business-Education Subcommittee shall each appoint three members of the committee. The chairman of the committee must be elected by the committee and must not be primarily engaged in the field of education.

The Commissioner of Higher Education, Executive Director of the State Technical and Comprehensive Education System, and Executive Director of the Employment Security Commission shall each appoint two members to the committee. The remaining members of the committee must be appointed by the Commissioner of Higher Education from the following professional organizations:

(1) one member appointed upon recommendation of the State Teacher Forum;

(2) one principal of a public high school of this State appointed upon recommendation of the Secondary School Principals Association;

(3) one superintendent of a school district of this State appointed upon recommendation of the South Carolina Administrators Association;

(4) one member appointed upon recommendation of the South Carolina Vocational Directors Association;

(5) one member appointed upon recommendation of the South Carolina Association of Adult Education Directors;

(6) one member appointed upon recommendation of the State Chamber of Commerce;

(7) one member appointed upon recommendation of the Council of College Presidents; and

(8) one member appointed upon recommendation of the Council of Technical College Presidents.

A staff analysis team shall provide support for the committee. This team shall include the research directors of the Senate Education Committee and the House Education and Public Works Committee, the research director of the EIA Select Committee, and the executive director of the Business-Education Subcommittee. Other state officials or employees also shall provide help to the committee and the staff analysis team as is required.

Upon adoption of this resolution, the staff analysis team shall meet and develop a strategy to secure the appointments for this committee. Forty-five days after this resolution is adopted, the staff analysis team shall poll the appointees made by that date to determine a suitable meeting date. Upon completion of the poll, a date to have the first meeting to organize the committee must be set. Individuals or organizations which have not made or recommended appointments by that date must be reminded of the need to make their appointments or recommendations and apprised of the first meeting date.

Financial support for the committee's studies and work shall come from uncommitted funds for research and evaluation appropriated to the EIA Select Committee.

The committee and staff analysis team shall work with such organizations as the National Alliance of Business in determining which components of total quality management may effectively apply to secondary schools in general and particularly to the education of disadvantaged and students who may drop out of school or not attend college. The committee shall work with such organizations as the National Center for Education and the Economy, the National Alliance for Restructuring Education, and Business Roundtable to determine how the education processes, employment and training practices, and community services may need to be redesigned for students aged twelve to nineteen who typically enter the job market directly after leaving school or who may drop out of school. The committee shall seek the assistance of the Southern Regional Education Board and Education Commission of the States in their study and deliberations of the most promising and effective options for South Carolina.

By December 15, 1992, the committee shall issue its first interim report of any findings and policy or funding changes that need to be initiated as a first phase to redesign the education and related systems or further carry out this study. By June 15, 1993, the committee shall issue its second interim report proposing the next phase of needed changes, and by December 15, 1993, it shall issue its final report. The Select Committee and Business-Education Subcommittee are responsible for monitoring the implementation of the committee's recommendations. To assist in the implementation of this resolution, the committee may create such advisory committees and subcommittees of its membership as it considers necessary.

Members of the committee shall receive the usual mileage, subsistence, and per diem paid to members of state boards, commissions, and committees.

Referred to the Committee on Education.

S. 1370 -- Senator Hinds: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-90 SO AS TO PROHIBIT A GOVERNMENTAL ENTITY FROM SELLING AN AGRICULTURAL OR HORTICULTURAL PRODUCT.

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

S. 1371 -- Senators Rose, Thomas, Courson, Giese, Helmly, Russell and Reese: A BILL TO AMEND SECTION 59-31-40 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO REQUIRE THE STATE BOARD OF EDUCATION TO CONDEMN OR DISAPPROVE ANY TEXTBOOKS CONTAINING ANY KNOWN FACTUAL OR GRAMMATICAL ERRORS.

Senator ROSE spoke on the Bill.

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

S. 1372 -- Senator J. Verne Smith: A BILL TO AMEND SECTION 16-1-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF VIOLENT CRIMES, SO AS TO INCLUDE CERTAIN FORMS OF ICE, CRANK, AND COCAINE AS "DRUG TRAFFICKING" WITHIN THIS DEFINITION; TO AMEND SECTION 44-53-110, AS AMENDED, RELATING TO DEFINITIONS OF NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO ADD THE DEFINITION OF "COCAINE BASE" AND REVISE THE DEFINITION OF "CRACK COCAINE"; TO AMEND SECTION 44-53-370, AS AMENDED, RELATING TO NARCOTICS AND CONTROLLED SUBSTANCES VIOLATIONS AND PENALTIES, SO AS TO MAKE IT UNLAWFUL, AMONG OTHER THINGS, TO DISTRIBUTE AN IMITATION SUBSTANCE IN ADDITION TO A COUNTERFEIT SUBSTANCE, AND TO MAKE IT UNLAWFUL TO HAVE ACTUAL OR CONSTRUCTIVE POSSESSION OF TEN TO NINETY-NINE MARIJUANA PLANTS; TO AMEND SECTION 44-53-375, RELATING TO THE UNLAWFUL POSSESSION, DISTRIBUTION, AND MANUFACTURE OF ICE, CRANK, AND CRACK COCAINE, SO AS TO MAKE IT ALSO UNLAWFUL TO POSSESS, DISTRIBUTE, OR MANUFACTURE COCAINE BASE; TO PROVIDE THAT FOR THE PURPOSE OF SETTING PENALTIES FOR SUBSEQUENT OFFENSES, PRIOR OFFENSES INCLUDE CONVICTIONS RELATED TO MARIJUANA, DEPRESSANTS, STIMULANTS, AND HALLUCINOGENICS; AND TO PROVIDE THAT A PERSON GIVEN A MANDATORY SENTENCE OF TWENTY-FIVE YEARS OR MORE FOR TRAFFICKING IN ICE, CRANK, CRACK COCAINE, OR COCAINE BASE IS NOT ELIGIBLE FOR PAROLE, EXTENDED WORK RELEASE, OR SUPERVISED FURLOUGH.

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

S. 1373 -- Senator Drummond: A BILL TO AMEND SECTION 61-9-315, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITED ACTIVITIES BY BEER MANUFACTURERS, BREWERS, IMPORTERS, WHOLESALERS, AND RETAILERS, SO AS TO INCLUDE MONEY IN THE LIST OF ITEMS WHICH A MANUFACTURER, BREWER, IMPORTER, OR WHOLESALER IS PROHIBITED FROM GIVING TO A RETAILER, TO REVISE THOSE PERSONS WHO MAY DISCOUNT PRODUCT PRICE BASED ON QUANTITY PURCHASES AND TO WHOM THE DISCOUNTS MAY BE GIVEN, AND TO PROVIDE FOR CERTAIN ADDITIONAL PROHIBITIONS IN REGARD TO THE FIXING, MAINTAINING, OR CHANGING OF THE PRICE OF BEER BETWEEN OR AMONG THESE PERSONS.

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

S. 1374 -- Senators Rose, Mullinax, McConnell, Passailaigue, Robert W. Hayes, Jr., Land, McGill, Mitchell, Hinson, Reese, Leventis, Lourie, Washington, Nell W. Smith, Shealy, Bryan, Pope, Holland, Russell, Helmly and Courson: A JOINT RESOLUTION TO REQUIRE AS A CONDITION OF FURTHER OPERATION OF THE BARNWELL LOW-LEVEL RADIOACTIVE WASTE DISPOSAL SITE THAT NORTH CAROLINA AND THE OTHER SOUTHEAST COMPACT MEMBERS MUST PROVIDE INDEMNIFICATION TO THE STATE OF SOUTH CAROLINA FOR ANY RISK OR LIABILITY ATTRIBUTABLE TO RECEIPT OR DISPOSAL OF LOW-LEVEL RADIOACTIVE WASTE AT THE BARNWELL SITE AFTER DECEMBER 31, 1992; AND MUST AGREE TO PROVIDE INDEMNIFICATION FOR ANY COSTS OR LIABILITY INCURRED BY THE STATE OF SOUTH CAROLINA AS A RESULT OF ASSUMING TITLE TO WASTE GENERATED WITHIN THE STATE BEGINNING IN 1996 PURSUANT TO 42 U.S.C., Section 2021e(d)(2)(c) (SUPP. III 1985); AND TO FURTHER PROVIDE THAT NORTH CAROLINA AND THE OTHER SOUTHEAST COMPACT MEMBERS MUST AGREE TO HOLD HARMLESS THE STATE OF SOUTH CAROLINA AND TO AGREE TO ANY ASSESSMENT OF COSTS AND DAMAGES OF THE AFOREMENTIONED RISKS AND LIABILITIES AS MAY BE DETERMINED BY A COURT OF COMPETENT JURISDICTION.

Senator ROSE explained the Joint Resolution.

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

S. 1375 -- Senator Mullinax: A BILL TO AMEND SECTION 40-45-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICAL THERAPISTS, SO AS TO REVISE AND ADD CERTAIN DEFINITIONS; TO AMEND SECTION 40-45-200, RELATING TO GROUNDS FOR REFUSAL, SUSPENSION, OR REVOCATION OF THE REGISTRATION OF PHYSICAL THERAPISTS, SO AS TO REVISE THE GROUND RELATING TO CERTAIN ACTIONS TAKEN INDEPENDENT OF A LICENSED DOCTOR OR DENTIST; AND TO AMEND SECTION 40-45-220, RELATING TO THE SCOPE OF PRACTICE OF PHYSICAL THERAPISTS, SO AS TO REVISE THIS SCOPE OF PRACTICE.

Read the first time and referred to the Committee on Medical Affairs.

H. 4523 -- Anderson Delegation: A CONCURRENT RESOLUTION CONGRATULATING TROOPER FIRST CLASS JAMES KEITH CHASTAIN OF BELTON, ANDERSON COUNTY, ON BEING SELECTED AS THE "SOUTH CAROLINA HIGHWAY TROOPER OF THE YEAR" FOR 1991 BY THE SOUTH CAROLINA PETROLEUM COUNCIL.

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

H. 4528 -- Reps. Kirsh, Foster, Meacham, Delleney and Hyatt: A CONCURRENT RESOLUTION RECOGNIZING YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS AND DECLARING MARCH 10, 1992, "YORK COUNTY DAY".

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

H. 4529 -- Reps. Boan, M.O. Alexander, T.C. Alexander, Altman, Anderson, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beasley, Beatty, Bennett, G. Brown, H. Brown, J. Brown, Bruce, K. Burch, Byrd, Canty, Carnell, Cato, Chamblee, Clyborne, Cobb-Hunter, Cole, Cooper, Corbett, Cork, Corning, Council, Cromer, Delleney, D. Elliott, L. Elliott, Fair, Farr, Felder, Foster, Fulmer, Gentry, Glover, Gonzales, Hallman, Harrelson, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hendricks, Hodges, Holt, Houck, Huff, Hyatt, Inabinett, Jaskwhich, Jennings, J.C. Johnson, Keegan, Kempe, Kennedy, Keyserling, Kinon, Kirsh, Klapman, Koon, Lanford, Littlejohn, Manly, Marchbanks, D. Martin, L. Martin, M. Martin, Mattos, McAbee, McCraw, McElveen, McGinnis, McKay, McLeod, McTeer, Meacham, Neilson, Nettles, Phillips, Quinn, Rama, Rhoad, Riser, Rogers, Ross, Rudnick, Scott, Sharpe, Sheheen, Shirley, Shissias, Smith, Snow, Stoddard, Stone, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Wofford, Wright, A. Young and R. Young: A CONCURRENT RESOLUTION TO CONGRATULATE AND WISH WELL THE HONORABLE JAMES WILLIAM JOHNSON, JR. ON HIS ELECTION TO SERVE AS CIRCUIT JUDGE TO THE EIGHTH JUDICIAL CIRCUIT AND TO THANK HIM FOR HIS VALUABLE CONTRIBUTIONS, HIS QUIET AND COOPERATIVE NATURE, AND HIS CONSCIENTIOUS LEADERSHIP IN THE GENERAL ASSEMBLY.

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

H. 3905 -- Rep. J.W. Johnson: A BILL TO AMEND TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 32 SO AS TO REQUIRE MOTOR VEHICLE DEALERS TO DISCLOSE TO PURCHASERS IN WRITING ANY NEW CAR DAMAGES WHICH EXCEED THREE PERCENT OF THE "MANUFACTURER'S SUGGESTED RETAIL PRICE".

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

H. 4218 -- Rep. Kirsh: A BILL TO AMEND SECTION 40-1-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF ACCOUNTANCY, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS FOR THE PUBLIC MEMBERS; AND TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA BOARD OF ACCOUNTANCY FOR SIX YEARS.

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

H. 4463 -- Reps. Haskins, Rama, Vaughn, Fulmer, R. Young, Felder, Kempe, Gonzales, Baker, Cato, T.C. Alexander, Littlejohn, Lanford, Marchbanks and Kirsh: A JOINT RESOLUTION TO PROVIDE FOR THE PROSPECTIVE APPLICATION BY THE SOUTH CAROLINA TAX COMMISSION OF THE SALES AND USE TAX EXEMPTION RELATING TO RELIGIOUS PUBLICATIONS DECLARED TO BE UNCONSTITUTIONAL BY THE SOUTH CAROLINA SUPREME COURT.

Senator PASSAILAIGUE spoke on the Bill.

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

There was no objection.

Senators PASSAILAIGUE, McCONNELL, ROSE, J. VERNE SMITH, BRYAN, CARMICHAEL, COURSON, COURTNEY, DRUMMOND, FIELDING, GIESE, GILBERT, ROBERT W. HAYES, JR., HELMLY, HINDS, HINSON, HOLLAND, LAND, LEATHERMAN, LEVENTIS, LOURIE, MACAULAY, MARTIN, MARTSCHINK, MATTHEWS, McGILL, MITCHELL, MOORE, MULLINAX, O'DELL, PATTERSON, PEELER, POPE, REESE, RUSSELL, SALEEBY, SETZLER, SHEALY, NELL W. SMITH, STILWELL, THOMAS, WASHINGTON, WILLIAMS and WILSON proposed the following Amendment No. 1 (RES4463.02), which was adopted:

Amend the joint resolution, as and if amended, page 1, by striking lines 16 through 41 and inserting in lieu thereof the following:

/Whereas, the South Carolina Supreme Court has declared the state sales and use tax exemption for religious publications unconstitutional; and

Whereas, the South Carolina Tax Commission has correctly determined the sales and use tax to be due for sales or purchases of religious publications between February 21, 1989, and January 13, 1992; and

Whereas, this will create an unfair burden on the retailers licensed with this State; and

Whereas, the retailers licensed with this State relied upon the exemption statute for religious publications during this period and did not have an opportunity to pass the tax on to their customers; and

Whereas, in all fairness this State should forgive the indebtedness that was not paid by reason of the statute; and

Whereas, it is in the public interest to keep these businesses operating, creating jobs, and paying taxes. Now, therefore,

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

SECTION 1. The General Assembly hereby waives the sales and use tax indebtedness due this State with respect to sales and purchases of religious publications made through January 13, 1992, the date the South Carolina Supreme Court declared the statute to be unconstitutional.

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

Amend title to conform.

Senator PASSAILAIGUE explained the amendment.

Senators PASSAILAIGUE, McCONNELL, ROSE, J. VERNE SMITH, BRYAN, CARMICHAEL, COURSON, COURTNEY, DRUMMOND, FIELDING, GIESE, GILBERT, ROBERT W. HAYES, JR., HELMLY, HINDS, HINSON, HOLLAND, LAND, LEATHERMAN, LEVENTIS, LOURIE, MACAULAY, MARTIN, MARTSCHINK, MATTHEWS, McGILL, MITCHELL, MOORE, MULLINAX, O'DELL, PATTERSON, PEELER, POPE, REESE, RUSSELL, SALEEBY, SETZLER, SHEALY, NELL W. SMITH, STILWELL, THOMAS, WASHINGTON, WILLIAMS and WILSON proposed the following Amendment No. 2 (RES4463.01), which was adopted:

Amend the joint resolution, as and if amended, by striking lines 11 through 15 and inserting a new title to read:

/TO PROVIDE FOR THE PROSPECTIVE APPLICATION BY THE SOUTH CAROLINA TAX COMMISSION OF THE SALES AND USE TAX EXEMPTION RELATING TO RELIGIOUS PUBLICATIONS DECLARED TO BE UNCONSTITUTIONAL BY THE SOUTH CAROLINA SUPREME COURT./

Amend title to conform.

Senator PASSAILAIGUE explained the amendment.

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

On motion of Senator PASSAILAIGUE, with unanimous consent, H. 4463 was ordered to receive a second and third reading on the next two consecutive legislative days.

H. 4467 -- Reps. McTeer, Rogers, Felder and J. Harris: A BILL TO AMEND ACT 171 OF 1991, THE GENERAL APPROPRIATIONS ACT FOR 1991-92, SO AS TO AUTHORIZE CERTAIN REALLOCATIONS FOR A PORTION OF EDUCATION IMPROVEMENT ACT FUNDS ORIGINALLY APPROPRIATED TO THE CAMPUS INCENTIVE PROGRAM.

Senator SETZLER spoke on the Bill.

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

Senator BRYAN, from the Committee on Judiciary, submitted a favorable with amendment report on:

S. 953 -- Senator Martschink: A BILL TO AMEND SECTIONS 5-31-2020 AND 6-11-1220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO SEWERAGE COLLECTION AND DISPOSAL, SO AS TO ADD ADDITIONAL DEFINITIONS, TO AMEND SECTION 5-31-2030, RELATING TO THE POWERS OF MUNICIPALITIES IN REGARD TO SEWERAGE COLLECTION AND DISPOSAL, AND SECTION 6-11-1230, AS AMENDED, RELATING TO THE POWERS OF THE GOVERNING COMMISSIONS OF SPECIAL PURPOSE OR PUBLIC SERVICE DISTRICTS IN REGARD TO SEWERAGE COLLECTION AND DISPOSAL, SO AS TO FURTHER PROVIDE FOR THESE POWERS INCLUDING ADDITIONAL AND REVISED METHODS OF OBTAINING FUNDING FOR THESE PURPOSES.

Ordered for consideration tomorrow.

S. 1357 -- Senator Martin: A CONCURRENT RESOLUTION CONGRATULATING RIDGEWAY MAYOR LAURA MULLER THOMAS OF FAIRFIELD COUNTY UPON BEING NAMED "SOUTH CAROLINA MOTHER OF THE YEAR" FOR 1992, AND WISHING HER GOOD LUCK IN THE NATIONAL MOTHER OF THE YEAR COMPETITION IN LOS ANGELES IN APRIL.

Returned with concurrence.

Received as information.

S. 1358 -- Senators Drummond, Bryan, Carmichael, Courson, Courtney, Fielding, Giese, Gilbert, Robert W. Hayes, Jr., Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Lourie, Macaulay, Martin, Martschink, 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, Washington, Williams and Wilson: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MRS. KATE BRACKNELL DORN OF MCCORMICK IN MCCORMICK COUNTY ON BEING NAMED MS. SENIOR SOUTH CAROLINA AND WISHING SUCCESS FOR HER AS SHE COMPETES IN ATLANTIC CITY, NEW JERSEY, IN APRIL, 1992, FOR THE TITLE MS. SENIOR AMERICA.

Returned with concurrence.

Received as information.

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

The following Bill and Joint Resolution 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. 4398 -- Reps. McAbee, Rogers, G. Bailey, Shirley, Carnell, Phillips, Keegan, Wells, Tucker, Chamblee, Marchbanks, P. Harris, Shissias, Rhoad, Snow, Corning, Altman, Beasley, Riser, Bennett, Council, Wright, T.C. Alexander, Cato, Koon, Kempe, Neilson, Cromer, Townsend, D. Elliott, M.O. Alexander, Baxley, Hendricks, L. Martin, Mattos, Bruce, Waldrop, Jaskwhich and J.C. Johnson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-675 SO AS TO DESIGNATE THE CLEMSON UNIVERSITY BOTANICAL GARDEN AS THE STATE BOTANICAL GARDEN.

Senator MACAULAY explained the Bill.

H. 4460 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO THE GOVERNOR'S TEACHING SCHOLARSHIP/LOAN PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1391, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 851 -- Senator Drummond: A BILL TO AMEND SECTION 50-11-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEDERAL MIGRATORY BIRD TREATY ACT AND ITS REGULATIONS AND WATERFOWL PROVISIONS, SO AS TO REVISE THE PENALTIES.

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

On motion of Senator LEATHERMAN, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.

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.

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

Senator HOLLAND spoke on the Bill.

On motion of Senator McCONNELL, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.

S. 990 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-35-15 SO AS TO REQUIRE PERSONS TO OBTAIN AUTHORIZATION FROM THE STATE FORESTER OR HIS REPRESENTATIVE BEFORE BURNING CERTAIN AREAS; AND TO AMEND SECTION 48-35-10, RELATING TO THE PROHIBITION ON STARTING FIRES, SO AS TO REVISE THE CONDITIONS UNDER WHICH A FIRE MAY BE STARTED.

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

The Bill was read the second time, passed and ordered to a third reading with notice of general amendments.

S. 32 -- Senator Rose: A BILL TO AMEND CHAPTER 5 OF TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-5-159 SO AS TO PROVIDE FOR VOLUNTARY VOTER REGISTRATION WHEN A PERSON APPLIES FOR OR RENEWS HIS DRIVER'S LICENSE OR IDENTIFICATION CARD, AND TO PROVIDE FOR THE RETURN OF THE FORMS TO THE COUNTY BOARD OF REGISTRATION.

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 (JUD32.002) was adopted as follows:

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

/SECTION 1. Chapter 5, Title 7 of the 1976 Code is amended by adding:

"Section 7-5-157. (A) Commencing January 1, 1993, the Department of Highways and Public Transportation, through its local driver's license examination facilities, must provide each qualified elector who applies for the issuance, renewal, or correction of any type of driver's license or for an identification card pursuant to Section 57-3-910, an opportunity to complete an application to register to vote by use of a form to be supplied by the South Carolina Election Commission. This form must contain a place to provide the information required by Section 7-5-170.

(B) If the applicant wishes to complete an application for registration, he must answer the questions required on the form required by subsection (A) and must complete and sign an oath attesting as follows: `I, ______________________, do solemnly swear (or affirm) that I am a citizen of the United States and that on the date of the next ensuing election, I will have attained the age of eighteen years and am a resident of the State of South Carolina, this county, and my precinct. I further swear (or affirm) that the present address I listed herein is my sole legal place of residence and that I claim no other place as my legal residence.' If requested to do so, an employee of the department must witness the signing by an applicant of the form required by subsection (A), and sign the form indicating witnessing of the applicant's signature. No registration form is valid unless it is witnessed. Completed application forms must be forwarded by the department on a weekly basis to the county registration board of the county in which the driver's license examination facility is located, except that during the last week allowed for registration prior to any election, such applications must be forwarded daily to the county registration board of the county in which the driver's license examination facility is located. Upon receipt of these forms from the department, a county registration board must promptly forward the application form of any applicant not residing in the county serviced by that board to the county registration board of the county in which the applicant resides.

(C) In the alternative to the procedure described in subsection (B), the applicant may complete the application for registration and complete and sign the oath described in subsection (B), obtain the signature of any registered elector showing that he witnessed the applicant's signature, and mail the completed application to the county registration board of the county in which the applicant resides. All completed applications must comply with the requirements of Section 7-5-155(1).

(D) Upon receipt of an application, the county registration board in the county in which the applicant resides must determine if the application is complete. If the county registration board determines that the application is complete, the applicant is deemed registered as of the date of the application. If the county registration board determines that the application is not complete, the board must notify the applicant of the additional information required. The applicant must be deemed registered as of the date of the application when the additional information is provided at least four days prior to the election.

(E) Any registered elector who continues to reside in the county of his voter registration and who informs a driver's license examination facility of a change of name or address must have notice of his change of name or address forwarded by the driver's license examination facility to the registration board of the county in which the driver's license facility is located. If the elector lives in a different county from such facility, the registration board must forward the change to the registration board of the county in which the elector resides. The registration board of the county in which the elector resides must change the voter's registration to reflect the change of name and address.

(F) The Department of Highways and Public Transportation and the State Election Commission are authorized to promulgate regulations necessary to implement the requirements of this section."

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

Amend title to conform.

Senator ROSE 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 Resolution having been read the second time were passed and ordered to a third reading:

S. 1174 -- Senator Russell: A BILL TO AMEND ACT 36 OF 1967, AS AMENDED, RELATING TO THE SPARTANBURG COUNTY COMMISSION FOR HIGHER EDUCATION, SO AS TO PROVIDE THAT RECOMMENDATIONS FOR MEMBERSHIP ON THE COMMISSION MUST BE MADE BY RESIDENT MEMBERS OF THE HOUSE OF REPRESENTATIVES AND THE SENATE FROM SPARTANBURG COUNTY, AND TO DELETE AN OBSOLETE REFERENCE.

On motion of Senator RUSSELL, S. 1174 was ordered to receive a third reading on Friday, March 6, 1992.

S. 1356 -- Senator Reese: A BILL TO AMEND ACT 318 OF 1965, AS AMENDED, RELATING TO THE CHEROKEE SPRINGS FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO AUTHORIZE THE BOARD OF FIRE CONTROL FOR THE DISTRICT TO BORROW A MAXIMUM OF ONE MILLION DOLLARS INSTEAD OF A MAXIMUM OF TWO HUNDRED THOUSAND DOLLARS.

On motion of Senator RUSSELL, S. 1356 was ordered to receive a third reading on Friday, March 6, 1992.

S. 1362 -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-5-25 SO AS TO PROVIDE TEMPORARY WORKERS' COMPENSATION COVERAGE FOR AN APPLICANT TO AN APPROVED SELF-INSURANCE FUND.

On motion of Senator LEATHERMAN, with unanimous consent, S. 1362 was ordered to receive a third reading on Friday, March 6, 1992.

S. 1363 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-74-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HEALTH INSURANCE POOL, SO AS TO PROVIDE ADDITIONAL POWERS FOR THE BOARD OF DIRECTORS OF THE POOL TO CONTAIN INSURANCE COSTS, REQUIRE THE CHIEF INSURANCE COMMISSIONER'S APPROVAL BEFORE THE POOL MAY ISSUE INSURANCE POLICIES, AND DELETE DETAILED PROVISIONS REGARDING PAYMENT OF BENEFITS.

On motion of Senator SALEEBY, with unanimous consent, S. 1363 was ordered to receive a third reading on Friday, March 6, 1992.

S. 1364 -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO CONTINUING INSURANCE EDUCATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1434, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Senator SALEEBY, with unanimous consent, S. 1364 was ordered to receive a third reading on Friday, March 6, 1992.

S. 1308 -- Senators Nell W. Smith, Mullinax and Moore: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-85 SO AS TO CREATE THE FELONY CRIMINAL OFFENSE OF HOMICIDE BY CHILD ABUSE, TO PROVIDE FOR THE CONSIDERATION OF AGGRAVATING AND MITIGATING CIRCUMSTANCES, AND TO PROVIDE PENALTIES.

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

The Committee on Judiciary proposed the following amendment (JUD1308.001) which was adopted:

Amend the bill, as and if amended, page 1, beginning on line 36, in Section 16-3-85(B)(1), as contained in SECTION 1, by striking /must be imprisoned at least twenty years or for life/ and inserting /may be imprisoned for life but not less than a term of twenty years/ .

Amend the bill further, as and if amended, page 1, beginning on line 39, in Section 16-3-85(B)(2), as contained in SECTION 1, by striking /at least ten years and no more than twenty years/ and inserting /for a term not exceeding twenty years nor less than ten years/ .

Amend title to conform.

Senator POPE explained the amendment.

Senator POPE proposed the following amendment (JUD1308.002):

Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting therein:

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

"Section 16-3-85. (A) A person is guilty of homicide by child abuse who causes the death of a child under the age of eleven while committing child abuse or neglect as defined in Section 20-7-490 and the death occurs under circumstances manifesting an extreme indifference to human life.

(B) Homicide by child abuse is a felony and a person who is convicted of or pleads guilty to homicide by child abuse under this section may be imprisoned for life but not less than a term of twenty years.

(C) In sentencing a person under this section the judge shall consider any aggravating circumstances and any mitigating circumstances."/ .

Amend title to conform.

Senator POPE spoke on the amendment.

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

S. 1365 -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 44 TO TITLE 38 SO AS TO PROVIDE FOR THE MANAGING GENERAL AGENTS ACT.

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

Senator SALEEBY proposed the following amendment (S1365-MG.EES), which was adopted:

Amend the bill, as and if amended, by striking lines 31 through 39 on page one of the bill and inserting the following language:

(2) `Insurer' means a domestic insurer as defined in Section 38-1-20(17).

Amend title to conform.

Senator SALEEBY explained the amendment.

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

On motion of Senator SALEEBY, S. 1365 was ordered to receive a third reading on Friday, March 6, 1992.

H. 3292 -- Reps. J. Bailey, Haskins and Wilder: A BILL TO AMEND SECTION 7-15-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO ADD PERSONS SEVENTY-TWO YEARS OF AGE OR OLDER.

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 (N05\8168.DW) was adopted as follows:

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

/SECTION . The second paragraph of Section 7-11-20 of the 1976 Code, as last amended by Act 47 of 1991, is further amended to read:

/A certified political party wishing to hold a presidential primary election may do so in accordance with the provisions of this title and party rules. However, notwithstanding any other provision of this title, the state committee of the party shall set the date and the hours that the polls will be open for the presidential primary election and the filing requirements. If a party holds a presidential primary election on a Saturday, an absentee ballot must be provided to a person who signs an affirmation stating that for religious reasons he does not wish to take part in the electoral process on a Saturday./

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.

H. 3127 -- Reps. Wilkins, Sheheen, J.W. Johnson, T.C. Alexander, Keyserling, Beasley, Boan, Huff and McElveen: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT THE ANNUAL SESSION OF THE GENERAL ASSEMBLY SHALL COMMENCE ON THE SECOND TUESDAY IN FEBRUARY INSTEAD OF THE SECOND TUESDAY IN JANUARY AND THAT THE SENATE SHALL HAVE ORGANIZATIONAL MEETINGS IN THE YEARS FOLLOWING THE ELECTION OF ITS MEMBERS AND TO DELETE OBSOLETE LANGUAGE RELATING TO EARLIER SESSIONS OF THE GENERAL ASSEMBLY.

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

Senator McCONNELL raised a Point of Order that under Rule 40, the Bill had not been on the desks of the members at least one day prior to second reading.

The PRESIDENT sustained the Point of Order.

S. 799 -- Senators McConnell, Passailaigue, Fielding, Helmly, Rose, Martschink, O'Dell, Land, Pope, Washington and Williams: A BILL TO AMEND SECTION 59-130-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE BOARD OF TRUSTEES OF THE COLLEGE OF CHARLESTON, SO AS TO AUTHORIZE THE BOARD TO CREATE THE UNIVERSITY OF CHARLESTON AND PROVIDE FOR OTHER RELATED MATTERS IN CONNECTION WITH THE CREATION OF THIS UNIVERSITY.

On motion of Senator LEATHERMAN, the Bill was recommitted to the Committee on Education.

H. 4370 -- Reps. Hallman, Gonzales, Barber, Whipper, R. Young, Rama, D. Martin, J. Bailey, Fulmer, Holt and Inabinett: A CONCURRENT RESOLUTION SUPPORTING AND ENCOURAGING THE RELOCATION OF THE NATIONAL MEDAL OF HONOR MUSEUM TO PATRIOTS POINT NAVAL AND MARITIME MUSEUM IN CHARLESTON HARBOR; URGING THE DEPARTMENT OF PARKS, RECREATION AND TOURISM, THE DEPARTMENT OF EDUCATION, THE SOUTH CAROLINA EDUCATIONAL TELEVISION NETWORK, AND THE CITADEL TO LEND THEIR SUPPORT TO THIS EFFORT; AND EXPRESSING THE INTENTION OF THE GENERAL ASSEMBLY THAT PATRIOTS POINT DEVELOPMENT AUTHORITY USE CERTAIN MONIES TO ASSIST IN THESE RELOCATION COSTS AND THAT THE DIVISION OF GENERAL SERVICES OF THE BUDGET AND CONTROL BOARD RESTRUCTURE PAYMENT OF THE BALANCE OF THE LOAN AUTHORIZED IN ACT 623 OF 1990 FOR A FIVE-YEAR PERIOD WITHOUT THE PAYMENT OF INTEREST.

Senator HELMLY asked unanimous consent to take the Concurrent Resolution up for immediate consideration.

Senator HELMLY spoke on the Resolution.

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

S. 945 -- Senator Rose: A BILL TO AMEND SECTION 44-23-1150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR HAVING SEXUAL INTERCOURSE WITH A PATIENT IN A STATE MENTAL HEALTH FACILITY, SO AS TO HAVE THE PENALTY APPLY IF THE PATIENT IS IN A STATE MENTAL RETARDATION FACILITY AND TO INCLUDE THE PENALTY FOR COMMITTING SODOMY ON SUCH PATIENTS.

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

Senator ROSE spoke on the Bill.

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

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

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

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

Senator SHEALY argued contra to the adoption of the amendment proposed by the Committee on Finance.

Senator SHEALY asked unanimous consent to carry over the Bill with Senator SHEALY retaining the floor.

There was no objection.

THE SENATE PROCEEDED TO THE MOTION PERIOD.

H. 4005 -- Reps. J. Bailey, Holt and Harvin: A JOINT RESOLUTION TO REQUIRE EACH PUBLIC SCHOOL DISTRICT IN THE STATE TO IMPLEMENT A NUTRITIONAL, WELL-BALANCED SCHOOL BREAKFAST PROGRAM FOR SCHOOL YEAR 1991-92.

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

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

Bryan Courson Courtney
Fielding Giese Gilbert
Hayes, R.W. Helmly Hinson
Holland Leatherman Lourie
Macaulay McConnell McGill
Mitchell Moore Mullinax
O'Dell Passailaigue Patterson
Peeler Pope Reese
Rose Russell Saleeby
Setzler Thomas

Drummond Martschink Shealy
Smith, J.V. Williams

The Bill was made a Special Order.

Senator DRUMMOND, with unanimous consent, was granted leave to address the body with brief remarks on H. 4005.

H. 4461 -- Rep. Wilder: A BILL TO PROVIDE A PER DIEM ALLOWANCE FOR MEMBERS OF THE WILLISTON SCHOOL DISTRICT BOARD OF TRUSTEES IN BARNWELL COUNTY.

On motion of Senator WILLIAMS, the Bill was taken up for immediate consideration. The question being the second reading of the Bill.

The Bill was given a second Reading.

On motion of Senator WILLIAMS, H. 4461 was ordered to receive a third reading on Friday, March 6, 1992.

H. 3040 -- Rep. Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-230 SO AS TO REQUIRE LICENSED HEALTH CARE PROVIDERS TO PROVIDE NOTIFICATION OF THEIR PROCEDURES FOR FILING CLAIMS, REQUIRE CERTAIN ORGANIZATIONS PROVIDING HEALTH CARE TO ACCEPT STANDARDIZED CLAIM FORMS, PROVIDE THAT A DEBTOR MUST BE NOTIFIED BY MAIL OF THE CREDITOR'S INTENTIONS OF SUBMITTING A DEBT TO A CREDIT BUREAU OR CREDIT REPORTING AGENCY, AND PROVIDE A PENALTY FOR VIOLATION.

On motion of Senator LOURIE, the Bill was recalled from the Committee on Banking and Insurance.

On motion of Senator LOURIE, the Bill was ordered placed on the Calendar for consideration tomorrow.

S. 945 -- Senator Rose: A BILL TO AMEND SECTION 44-23-1150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR HAVING SEXUAL INTERCOURSE WITH A PATIENT IN A STATE MENTAL HEALTH FACILITY, SO AS TO HAVE THE PENALTY APPLY IF THE PATIENT IS IN A STATE MENTAL RETARDATION FACILITY AND TO INCLUDE THE PENALTY FOR COMMITTING SODOMY ON SUCH PATIENTS.

Senator ROSE moved to take the Bill up for immediate consideration.

Senator MOORE raised a Point of Order that the motion was out of order inasmuch as it would require unanimous consent.

The PRESIDENT sustained the Point of Order.

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

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

S. 2 -- Senators Nell W. Smith, Setzler, Giese, Martschink, Mullinax and Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-120 SO AS TO REQUIRE EACH SCHOOL DISTRICT IN THIS STATE TO HAVE A CERTAIN NURSE-STUDENT RATIO FOR VARIOUS SCHOOL YEARS AND TO PROVIDE FOR A SUPPLEMENTAL FUNDING PLAN FOR THE NURSE-STUDENT RATIO REQUIREMENTS.

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

On motion of Senator DRUMMOND, the Bill was committed to the Committee on Finance, retaining its place on the Calendar.

Senator MOORE moved that when the Senate adjourns on Friday, March 6, 1992, it stand adjourned to meet next Tuesday, March 10, 1992, at 12:00 Noon, which motion was adopted.

At 12:30 P.M., on motion of Senator MOORE, the Senate adjourned to meet tomorrow at 11:00 A.M.

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