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 prophet Isaiah, nearly three millenniums ago, Chapter 26 (vv.1-2):

"In that day this song will be sung in the land of Judah:

`We have a strong city; He sets up salvation

as walls and bulwarks.

Open the gates, that the righteous nation which

keeps faith may enter in.'"
Let us pray.

Almighty God... our Father... as we come to this point in our session, our mental, physical and emotional reserves begin to be challenged. As we move through fact-finding, debate, discussion and decision, we feel the pressure mounting.

Grant us such a measure of good judgment, skill and vision, that the hard tasks we tackle may be worth the price we pay... and the price our families pay for us to serve.

Help us to smile and laugh, when we might just as easily weep.

Help us to pray more fervently, and labor more zealously... remembering the Great-Cross-Bearer in Jerusalem.

Amen.

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

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

Document No. 1476
Promulgated By Forestry Commission
Hunting and Fishing Regulations on State Forest Lands Established as Wildlife Management Areas
Received By Lt. Governor March 10, 1992
Referred to Senate Committee on Fish, Game and Forestry
120 day review expiration date July 8, 1992

At 11:05 A.M., Senator PASSAILAIGUE asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying acts at 11:45 A.M.

There was no objection and a message was sent to the House accordingly.

Senator THOMAS introduced Dr. Hal Shaw of Greenville, South Carolina, Doctor of the Day.

At 1:05 P.M., Senator LOURIE requested and was granted a leave of absence for Thursday, March 11, 1992.

Columbia, S.C., March 9, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. D. Williams, Bennett and Rhoad of the Committee of Conference on the part of the House on:
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

Received as information.

Columbia, S.C., March 11, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R300, H. 4308 by a vote of 2 to 0:
(R300) H. 4308 -- Reps. L. Elliott and Harwell: AN ACT TO AMEND ACT 197 OF 1991, RELATING TO THE BOARD OF COMMISSIONERS OF THE MARION COUNTY HOSPITAL DISTRICT, SO AS TO PROVIDE THAT TERMS OF THE COMMISSIONERS SHALL COINCIDE WITH THE HOSPITAL'S FISCAL YEAR.
Very respectfully,
Speaker of the House

(R300) H. 4308 -- Reps. L. Elliott and Harwell: AN ACT TO AMEND ACT 197 OF 1991 RELATING TO THE BOARD OF COMMISSIONERS OF THE MARION COUNTY HOSPITAL DISTRICT, SO AS TO PROVIDE THAT TERMS OF THE COMMISSIONERS SHALL COINCIDE WITH THE HOSPITAL'S FISCAL YEAR.

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 demanded and taken, resulting as follows:

Bryan Carmichael Courson
Courtney Drummond Fielding
Giese Gilbert Hayes, R.W.
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 Smith, J.V. Smith, N.W.
Stilwell Thomas Washington
Williams Wilson

The veto of the Governor was overridden.

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber at 11:45 A.M. and the following Acts and Joint Resolutions were ratified:

(R305) S. 1140 -- Senators Waddell, Leatherman, Gilbert and McGill: AN ACT TO AMEND SECTION 12-7-1245, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CORPORATE INCOME TAX CREDIT FOR CORPORATE HEADQUARTERS LOCATED IN THIS STATE, SO AS TO REVISE THE CATEGORIES OF JOBS WHICH MUST BE CREATED TO QUALIFY FOR THE CREDIT, TO ADD ADDITIONAL REQUIREMENTS FOR PERSONAL PROPERTY TO QUALIFY FOR THE CREDIT, TO EXPAND THE PERSONAL PROPERTY FOR WHICH THE CREDIT MAY BE CLAIMED, TO PROVIDE THE TAXABLE YEARS TO WHICH THE CREDIT APPLIES, TO REQUIRE RECAPTURE OF THE CREDIT IF STAFFING LEVELS ARE NOT TIMELY MET, TO PROHIBIT THE CREDIT FOR A YEAR WHEN STAFFING LEVELS ARE NOT MET AND DELETE THAT YEAR FROM THE CARRY FORWARD PERIOD, TO ALLOW THE CREDIT WHEN A FEE IN LIEU OF TAXES ARRANGEMENT EXISTS, TO REQUIRE A REDUCTION IN THE INCOME TAX BASIS ONLY OF PROPERTY FOR WHICH THE CREDIT WAS CLAIMED, TO REVISE AND ADD ADDITIONAL DEFINITIONS, AND TO ALLOW TAXPAYERS RELYING ON RULINGS FROM THE SOUTH CAROLINA TAX COMMISSION IN THE APPLICATION OF THE FORMER PROVISIONS OF THE CODE SECTION TO CONTINUE TO RELY ON THE RULINGS AND ALLOW THE TAXPAYER TO BENEFIT FROM THE PROVISIONS OF THE SECTION.

(R306) S. 1262 -- Banking and Insurance Committee: AN ACT TO AMEND SECTION 38-71-730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR GROUP HEALTH, GROUP ACCIDENT, AND GROUP ACCIDENT AND HEALTH INSURANCE, SO AS TO DELETE THE "REASON OF AGE" REQUIREMENT FOR CONTRACTS OF ACCIDENT AND HEALTH INSURANCE DESIGNED TO SUPPLEMENT REIMBURSEMENTS UNDER MEDICARE.

(R307) S. 1251 -- Senator Williams: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUME 17 AND NEW VOLUME 17A OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 1992.

(R308) S. 359 -- Senators Passailaigue, Rose and Martschink: AN ACT TO AMEND CHAPTER 25, TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST THE ELECTION LAWS, BY ADDING SECTION 7-25-200 SO AS TO PROHIBIT A CANDIDATE IN ANY ELECTION FROM ACCEPTING MONEY TO FILE FOR OR WITHDRAW FROM CANDIDACY; AND TO PROVIDE CIVIL REMEDIES AND CRIMINAL PENALTIES; AND TO PROVIDE EXCEPTIONS.

(R309) 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: AN ACT 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.

(R310) 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.

(R311) H. 4461 -- Rep. Wilder: AN ACT TO PROVIDE A PER DIEM ALLOWANCE FOR MEMBERS OF THE WILLISTON SCHOOL DISTRICT BOARD OF TRUSTEES IN BARNWELL COUNTY.

The following were introduced:

S. 1380 -- Senators Wilson, Williams, Giese, Lourie, Courson, Patterson, Shealy, Setzler and Matthews: A SENATE RESOLUTION EXPRESSING THE SATISFACTION OF THE MEMBERS OF THE SENATE ON LEARNING THAT CONGRESSMAN FLOYD SPENCE OF THE SECOND DISTRICT OF SOUTH CAROLINA IS SCHEDULED TO BECOME THE RANKING MINORITY MEMBER OF THE ARMED SERVICES COMMITTEE OF THE UNITED STATES HOUSE OF REPRESENTATIVES IN THE NEW CONGRESS THAT CONVENES IN JANUARY, 1993.

Whereas, the members of the Senate have learned that with the announced retirement of Congressman Bill Dickinson of Alabama, South Carolina's Second District Congressman, Representative Floyd Spence, a former member of this body, will assume the position of ranking Republican member on the Armed Services Committee of the United States House of Representatives when the new Congress convenes in January, 1993; and

Whereas, this news is of extreme importance and significance to South Carolina, which has benefitted immensely over the years from a strong military presence in the State, but in the light of reductions in the defense budget following the end of the Cold War, the significance of this news is magnified, as it will give South Carolina an extraordinarily strong voice to protect its vital interests in any downsizing of the defense establishment; and

Whereas, Congressman Spence has served on the Armed Services Committee since he was first elected to Congress to represent the Second Congressional District in 1970 and on that vital committee has served with diligence and distinction on the Sea Power Subcommittee and the Military Installations and Facilities Subcommittee, rising to the position of ranking minority member on the Sea Power Subcommittee; and

Whereas, his service on numerous policy panels of the committee has provided him a strong forum to influence the national defense posture; and

Whereas, during his tenure on the committee, South Carolina in general and the Midlands in particular have benefitted from his strong voice in the corridors of power; and

Whereas, it is appropriate for the members of the Senate to pause in their deliberations so that they might note Congressman Spence's pending elevation to the senior minority position on the House Armed Services Committee and express a great sense of satisfaction and indeed relief that his calm but insistent voice will be heard on a larger stage in providing for the defense of the Nation. Now, therefore,

Be it resolved by the Senate:

That the members of the Senate express satisfaction on learning that Congressman Floyd Spence of the Second District of South Carolina is scheduled to become the ranking minority member of the Armed Services Committee of the United States House of Representatives in the new Congress that convenes in January, 1993.

Be it further resolved that a copy of this resolution be forwarded to Representative Floyd Spence, United States House of Representatives, Washington, D. C. 20515.

The Senate Resolution was adopted.

S. 1381 -- Senator Stilwell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-5-247 SO AS TO ESTABLISH A STATEWIDE AUTOMATED CHILD SUPPORT ENFORCEMENT SYSTEM BY PROVIDING THAT COUNTY CLERKS OF COURT PROCESS CASES ADMINISTERED UNDER TITLE IV-D OF THE SOCIAL SECURITY ACT BY USING THE STATEWIDE AUTOMATED SYSTEM DEVELOPED IN CONJUNCTION WITH THE CLERKS OF COURT AND IMPLEMENTED THROUGH THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES.

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

S. 1382 -- Senators Robert W. Hayes, Jr., Stilwell and Bryan: A BILL TO AMEND CHAPTER 5 OF TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-5-130 SO AS TO ABROGATE THE COMMON LAW RULE WHICH REQUIRES THE WORDS "AND HIS HEIRS" IN A DEED OF REALTY TO CONVEY PROPERTY IN FEE SIMPLE ABSOLUTE.

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

S. 1383 -- Senators Robert W. Hayes, Jr., Stilwell and Courtney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-25-325 SO AS TO PROVIDE A JUDGMENT AND SENTENCE OF A COURT OF GENERAL SESSIONS IN A CRIMINAL CASE AGAINST AN INDIVIDUAL MAY BE ENFORCED AS A JUDGMENT IS ENFORCED IN THE COURT OF COMMON PLEAS IN CIVIL ACTIONS.

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

S. 1384 -- Senators Macaulay, Giese, Rose, Martschink, Passailaigue, Thomas, Courtney, Bryan, Lourie, Setzler, Robert W. Hayes, Jr., Russell, J. Verne Smith, Stilwell, Reese, Courson, Drummond, Pope, Fielding, Mitchell, Mullinax, Shealy, McConnell and Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 115 IN TITLE 44, RELATING TO HEALTH, SO AS TO ENACT THE PHYSICIANS' PATIENT RECORDS ACT.

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

S. 1385 -- Senators McConnell, Giese, Hinson and Rose: A BILL TO AMEND SECTION 56-3-3310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A SPECIAL MOTOR VEHICLE LICENSE PLATE FOR A RECIPIENT OF THE PURPLE HEART, SO AS TO PROVIDE THAT AFTER THE INITIAL FEE FOR ISSUANCE IS PAID, THE PLATE MAY BE RENEWED BY A STICKER FOR THE ANNUAL RENEWAL FEE CHARGED FOR A REGULAR PLATE.

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

H. 4534 -- Reps. P. Harris, T.C. Alexander, Chamblee, Cooper, Hendricks, L. Martin, Marchbanks, Mattos, Ross, Shirley, Townsend and Tucker: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. JAMES D. RUTLEDGE OF SENECA UPON HIS TRAGIC DEATH IN AN AUTOMOBILE ACCIDENT DURING FEBRUARY.

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

H. 4544 -- Rep. Waldrop: A CONCURRENT RESOLUTION TO PROCLAIM THE WEEK OF MAY 3-9, 1992, AS "NEWBERRY COUNTY JUNIOR SCHOLARSHIP PAGEANT WEEK" IN NEWBERRY COUNTY.

Whereas, the members of the General Assembly note with pleasure that the Newberry County Junior Scholarship Pageant will be held the week of May 3-9, 1992; and

Whereas, the pageant is the culmination of months and years of hard work by the administrative staff, sponsors, and participants; and

Whereas, Newberry County Junior Scholarship Pageant candidates are judged in the following categories: (1) Panel Evaluation - based on qualities and characteristics that make up a contestant's ability to communicate with intelligence, clarity of expression, and a sense of values; (2) Formal Gown Presentation - based on beauty, poise, confidence, and composure during on-stage performance; and

Whereas, the young ladies who vie for the titles to represent Newberry County have worked diligently with patience and good humor to hone their skills; and

Whereas, 1992 is a year of particular joy as the Newberry County Junior Scholarship Pageant is taking part in the twentieth anniversary celebration of the South Carolina Scholarship Pageant based in Sumter, South Carolina. Newberry County Junior Pageant winners advance to the South Carolina Pageant for state titles and scholarships; and

Whereas, it is appropriate for members of the General Assembly to note the discipline and determination that characterizes these outstanding young ladies who seek the Newberry County titles and to publicly recognize this outstanding pageant and its contestants. Now, therefore,

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

That the week of May 3-9, 1992, is proclaimed "Newberry County Junior Scholarship Pageant Week" in Newberry County and the people of Newberry County are called upon to celebrate the week with appropriate observances.

Be it further resolved that a copy of this resolution be presented to pageant officials.

Referred to the Committee on Invitations.

H. 4545 -- Reps. L. Martin, Hendricks and Marchbanks: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MS. LYNN GARRISON OF PICKENS WHO DIED ON FRIDAY, MARCH 6, 1992.

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

H. 4547 -- Reps. Felder, Cobb-Hunter, Bennett, Council, Anderson, Beatty, J. Brown, Byrd, Canty, Glover, Inabinett, D. Martin, Scott, Taylor, Whipper, White and D. Williams: A CONCURRENT RESOLUTION DECLARING TUESDAY, MARCH 24, 1992, AS SOUTH CAROLINA STATE UNIVERSITY DAY.

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

Senator LAND, from the Committee on Agriculture and Natural Resources, has polled out:

S. 1244 -- Senator Land: A BILL TO AMEND TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANIMALS, LIVESTOCK, AND POULTRY, BY ADDING CHAPTER 21 SO AS TO ENACT THE FARM ANIMAL AND RESEARCH FACILITIES PROTECTION ACT, AND PROVIDE PENALTIES FOR VIOLATIONS; AND TO AMEND SECTION 16-1-10 SO AS TO ADD TO THE LIST THE OFFENSES DESIGNATED FELONIES IN THE FARM ANIMAL AND RESEARCH FACILITIES PROTECTION ACT.

Courson Drummond Gilbert
Land Lourie McGill
Mullinax O'Dell Passailaigue
Peeler Pope Setzler

Hinds Leventis Long
Matthews Rose Washington

Ordered for consideration tomorrow.

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

An invitation from S.C. Emergency Preparedness Association to attend a presentation and hospitality hour at the Ramada Hotel on Wednesday, March 18, 1992, from 7:30-9:30 P.M.

The invitation was accepted.

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

An invitation from DSS County Directors and Supervisors Association to attend a drop-in at the Marriott Hotel on Tuesday, March 17, 1992, from 8:00-9:00 P.M.

The invitation was accepted.

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

An invitation from S.C. Petroleum Marketers Association to attend a reception at the Capitol City Club on Tuesday, March 17, 1992, from 6:00-8:00 P.M.

The invitation was accepted.

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

An invitation from S.C. School for the Deaf and Blind to attend a luncheon in Room 208 of the Blatt Building on Wednesday, March 25, 1992, upon adjournment and lasting until 2:00 P.M.

The invitation was accepted.

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

An invitation from S.C. Mental Retardation, etc. to attend a reception at the Lace House on Wednesday, March 18, 1992, from 6:00-7:00 P.M.

The invitation was accepted.

S. 883 -- Senators J. Verne Smith, Shealy, Leatherman, Giese, Waddell, Drummond, Moore, Bryan, Lourie, Long, Peeler, Mitchell, Hinds 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.

The House returned the Bill with amendments.

Senators J. VERNE SMITH, BRYAN, McCONNELL, LEATHERMAN, ROSE and PASSAILAIGUE proposed the following amendment (RES883.05), which was adopted:

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

/SECTION 1. Title 24 of the 1976 Code is amended by adding:

Section 24-22-10. This chapter is known and may be cited as the `Offender Management System Act'.

Section 24-22-20. As used herein:

(a) `Adult criminal offender management system' means the system developed by the State Board of Corrections and the State Board of Probation, Parole, and Pardon Services which permits carefully screened inmates to be identified, transferred into Department of Corrections Reintegration Centers and placed in Department of Probation, Parole, and Pardon Services Community Control Strategies.

(b) `Community control strategies' means offender supervision and offender management methods available in the community, including, but not limited to, home detention, day reporting centers, restitution centers, public service work programs, substance abuse programs, short term incarceration, and intensive supervision.

(c) `High count' means the largest male prison system population, the largest female prison system population, or both, on any given day during a one-month period.

(d) `Prison' means any male correctional facility, female correctional facility, or combined male and female correctional facility operated by the State Department of Corrections.

(e) `Prison system' means the prisons operated by the State Department of Corrections.

(f) `Offender' means every male inmate or female inmate, or both, who, at the time of the initiation of the offender management system, is or at any time during continuation of the system is serving a criminal sentence under commitment to the State Department of Corrections, including persons serving sentences in local detention facilities designated under the provisions of applicable law and regulations.

(g) `Prison system population' means the total number of male prisoners, female prisoners, or combined total of female and male prisoners housed in the prisons operated by the State Department of Corrections.

(h) `Reintegration center' means an institution operated by the State Department of Corrections which provides for the evaluation of and necessary institutional programs for inmates in the offender management system.

(i) `Release date' means the date projected by the State Department of Corrections on which a prisoner will be released from prison, assuming maximum accrual of credit for good behavior has been established under Section 24-13-210 and earned work credits under Section 24-13-230.

(j) `Qualified prisoners' means any male prisoners, female prisoners, or combined total of female or male prisoners convicted of a nonviolent offense for which such prisoner has received a total sentence of five years or less and is presently serving a non-mandatory term of imprisonment for conviction of one or more of the following offenses:

reckless homicide (56-5-2910); armed robbery/accessory after the fact; simple assault; intimidation (16-11-550, 16-17-560); aggravated assault (16-23-490); arson of residence to defraud an insurer (16-11-110, 16-11-125); arson (16-11-110); arson-2nd degree (16-11-110(B)); arson-3rd degree (16-11-110(C)); burglary of safe vault (16-11-390); possession of tools for a crime (16-11-20); attempted burglary (16-13-170); petit larceny (16-13-30); purse snatching (16-13-150); shoplifting (16-13-110, 16-13-120); grand larceny (16-13-20); attempted grand larceny (16-13-20); larceny; credit card theft (16-13-20, 16-13-30, 16-13-35); possession of stolen vehicle (16-21-80, 16-21-130); unauthorized use of a vehicle (16-21-60, 16-21-130); forgery (16-13-10); fraud-swindling (16-13-320); fraudulent illegal use of credit card (16-14-60); fraudulent check (34-11-60); fraud-false statement or representation (16-13-240 through 16-13-290); breach of trust with fraudulent intent (16-13-230); failure to return tools or vehicle (16-13-420); insurance fraud (16-11-125, 16-11-130); obtaining controlled substance by fraud (44-53-40); defrauding an innkeeper (45-1-50); receipt of stolen property (16-13-180); destroying personal property (16-11-510); malicious injury to property (16-11-510, 16-11-520); hallucinogen-possession (44-53-370(c)); heroin-possession (44-53-370(c)); cocaine-possession (44-53-370(c)); cocaine-transporting (44-53-370(a)); marijuana-possession (44-53-370(c)); marijuana-producing (44-53-370(a)); legend drugs-possession (44-53-370(c)); distributing imitation controlled substances (44-53-370(a)); possession-imitation controlled substance (44-53-370(a)); indecent exposure (16-15-130); peeping tom (16-17-470); contributing to delinquency of minor (16-17-490); neglect-child (20-7-50); abandonment/non-support (20-7-80); criminal domestic violence (16-25-20); prostitution (16-15-90 through 16-15-110); unlawful liquor possession (61-5-30); public disorderly conduct/intoxication (16-17-530); making false report (16-17-725); contempt of court (14-1-150); obstructing justice (16-9-310 through 16-9-380); bribery (16-9-210 through 16-9-270, 16-17-540 through 16-17-550); possession of incendiary device (16-23-480, 16-11-550); weapon license/registration (23-31-140); explosives possession (23-36-50, 23-36-170); threat to bomb (16-11-550); unlawful possession of firearm on premises of alcoholic beverage establishment (16-23-465); discharging firearm in dwelling (16-23-440); pointing a firearm (16-23-410); littering (16-11-700); DUI-drugs (56-5-2930, 56-5-2940); driving under suspension (56-1-460); failure to stop for officer (56-5-750); leaving the scene of accident (56-5-1210; 56-5-1220); possession of open container (61-9-87); trespassing (16-11-600 through 16-11-640); illegal use of telephone (16-17-430); smuggling contraband into prison (24-3-950); tax evasion (12-7-2750); false income tax statement (12-7-1630, 12-7-2750); accessory to a felony (16-1-40, 16-1-50); misprision of a felony; criminal conspiracy (16-17-410); habitual offender (56-1-1020 through 56-1-1100).

(k) `Operating capacity' means the safe and reasonable male inmate capacity, female inmate capacity, or combined male and female inmate capacity of the prison system operated by the State Department of Corrections as certified by the State Department of Corrections and approved by the State Budget and Control Board.

Section 24-22-30. To be eligible to participate in the offender management system, an offender shall:

(a) be classified as a qualified prisoner as defined herein;

(b) maintain a clear disciplinary record during the offender's incarceration or for at least six months prior to consideration for placement in the system;

(c) demonstrate during incarceration a general desire to become a law abiding member of society;

(d) satisfy any reasonable requirements imposed on the offender by the Department of Corrections;

(e) be willing to participate in the criminal offender management system and all of its programs and rehabilitative services and agree to conditions imposed by the departments;

(f) possess an acceptable risk score. The risk score shall be affected by, but not be limited to, the following factors:

(1) nature and seriousness of the current offense;

(2) nature and seriousness of prior offenses;

(3) institutional record;

(4) performance under prior criminal justice supervision; and

(g) satisfy any other criteria established by the South Carolina Department of Corrections and the State Board of Probation, Parole, and Pardon Services.

Section 24-22-40. The South Carolina Department of Probation, Parole, and Pardon Services, in cooperation with the South Carolina Department of Corrections and pursuant to the Administrative Procedures Act as provided in Chapter 23 of Title 1, shall promulgate regulations reflecting the policies, procedures, guidelines, and cooperative agreements for the implementation of an adult criminal offender management system which permits carefully screened and selected male offenders and female offenders to be enrolled in the criminal offender management system.

After review by and approval of three members of the Board of Probation, Parole, and Pardon Services designated by the Governor, the board shall enroll qualified offenders monthly into the offender management system to prevent the prison system population from exceeding one hundred percent of capacity at high count. No offender shall be issued an offender management system certificate and released from prison if the release of the offender will reduce the prison system population below ninety-five percent of capacity at high count.

If the Governor at any time during periods when the offender management system is in operation, determines that an insufficient number of inmates are being enrolled into the System to keep the prison system population below one hundred percent of capacity of high count or if the Governor determines that the number of inmates released has reached a level that could endanger the public welfare and safety of the State, he may issue an Executive Order requiring the South Carolina Department of Probation, Parole, and Pardon Services and the South Carolina Department of Corrections to enroll a specified number of qualified prisoners per month for a specified number of months or require the Department to cease and desist in the release of the inmates accordingly.

Section 24-22-50. The offender management system shall be in operation during all periods that the system is appropriately funded.

Section 24-22-60. Offenders enrolled in the offender management system shall be evaluated at Department of Corrections Reintegration Centers. The evaluation shall determine the offender's needs prior to community placement. The programs and services provided at a reintegration center by the Department of Corrections shall prepare offenders to be placed in the appropriate community control strategies.

Section 24-22-70. Offenders enrolled in the offender management system shall be entitled to good behavior credit as specified in Section 24-13-210 and to earned work credits as determined pursuant to Section 24-13-230. Offenders revoked from the offender management system shall not receive credit on their sentence for six months or for the time credited while placed in the community control strategies, whichever is less.

Section 24-22-80. Revocation of offender management system status awarded under this chapter is a permissible prison disciplinary action.

Offenders transferred to a reintegration center who have not been placed in and agreed to community control strategies and who violate the conditions of the offender management system may be revoked from the system by the Department of Corrections. Offenders who have been placed in and agreed to the community control strategies who violate the conditions of the offender management system certificate may be revoked from the offender management system by the Department of Probation, Parole, and Pardon Services. The revocation procedures shall be developed jointly by the South Carolina Department of Corrections and the South Carolina Department of Probation, Parole, and Pardon Services. There shall be no right to appeal a revocation.

Section 24-22-90. Offenders shall be enrolled in the offender management system and supervised in the community by the South Carolina Department of Probation, Parole, and Pardon Services. The South Carolina Department of Corrections shall transfer enrolled inmates to a South Carolina Department of Corrections Reintegration Center for evaluation pursuant to Section 24-22-60. The South Carolina Department of Probation, Parole, and Pardon Services shall issue an offender management system certificate with conditions which must be agreed to by the offender prior to the offender's placement in the community control strategies.

The South Carolina Department of Corrections shall notify the South Carolina Department of Probation, Parole, and Pardon Services of all victim impact statements filed pursuant to Section 16-1-1550, which references offenders enrolled in the offender management system. The South Carolina Department of Probation, Parole, and Pardon Services shall, prior to enrolling an offender into the offender management system, give thirty days prior written notice to any person or entity who has filed a written request for notice. Any victim or witness pursuant to Section 16-3-1530(C) and any solicitor, law enforcement officer, or other person or entity may request notice about an offender under this section and may testify by written or oral statement for or against the release. The South Carolina Department of Probation, Parole, and Pardon Services shall have authority to deny enrollment to any offender based upon the statements of any person responding to the notice of enrollment.

Section 24-22-100. Offenders enrolled in the offender management system shall be required to participate in programs designated by the South Carolina Department of Probation, Parole, and Pardon Services including community control strategies. These strategies may include, but are not limited to:

(a) the South Carolina Department of Probation, Parole, and Pardon Services Home Detention Supervision Program;

(b) day reporting centers;

(c) restitution centers;

(d) public service work programs;

(e) substance abuse programs;

(f) short term incarceration; and

(g) intensive supervision programs.

Section 24-22-110. Offenders enrolled in the offender management system shall retain the status of inmates in the jurisdiction of the South Carolina Department of Corrections. Control over the offenders is vested in the South Carolina Department of Corrections while the offender is in a reintegration center and is vested in the South Carolina Department of Probation, Parole, and Pardon Services while the offender is in the community. Offenders may be revoked from the offender management system for a violation of any condition of the offender management system. There shall be no right to appeal the revocation decision of either department.

Section 24-22-120. At any time while an enrolled offender is at a reintegration center, the enrolled offender may be disciplined or removed from the offender management system, or both, according to procedures established by the Department of Corrections.

At any time during a period of community supervision, a probation and parole agent may issue a warrant or a citation and affidavit setting forth that the person enrolled in the offender management system has in the agent's judgment violated the conditions of the offender management system. Any police officer or other officer with the power of arrest in possession of a warrant may arrest the offender and detain such offender in the county jail or other appropriate place of detention until such offender can be brought before the Department of Probation, Parole, and Pardon Services. The offender shall not be entitled to be released on bond pending a hearing.

Section 24-22-130. Offenders enrolled in the offender management system shall not be given a parole hearing or released on supervised furlough as long as the offender is on offender management system status. Offenders who have vested roll backs granted under the Prison Overcrowding Powers Act shall not lose such benefits. Offenders enrolled in the offender management system will remain in the offender management system until the offender's sentence is satisfied, unless sooner revoked.

Section 24-22-140. The enactment of this legislation shall not create a `liberty interest' or an `expectancy of release' in any offender now incarcerated or in any offender who is incarcerated in the future.

Section 24-22-150. The offender management system must not be initiated and offenders shall not be enrolled in the offender management system unless appropriately funded out of the general funds of the State.

During periods when the offender management system is in operation and either the South Carolina Department of Corrections or the South Carolina Department of Probation, Parole, and Pardon Services determines that its funding for the system has been exhausted, the commissioner for the department having made the determination that funds are exhausted shall notify the commissioner of the other department, the Governor, the Speaker of the House of Representatives, and the President Pro Tempore of the Senate. The offender management system shall then terminate until appropriate funding has been provided from the general funds of the State.

Section 24-22-160. The Board of Corrections and the Budget and Control Board shall establish the operating capacities of the male prison population and the female prison population of the prison system operated by the Department of Corrections and shall, at least quarterly, certify existing operating capacities or establish changed or new operating capacities."

SECTION 2. Sections 24-3-1110, 24-3-1120, 24-3-1130, 24-3-1140, 24-3-1150, 24-3-1160, 24-3-1170, 24-3-1180, 24-3-1190, 24-3-2010, 24-3-2020, 24-3-2030, 24-3-2050, and 24-3-2060 of the 1976 Code are hereby repealed.

SECTION 3. The offender management system and any regulations promulgated thereto shall terminate three years from the date the Governor approves this act unless extended by the General Assembly.

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

Renumber sections to conform.

Amend title to conform.

Senator J. VERNE SMITH explained the amendment.

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

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

The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title thereof be changed to that of an Act and same enrolled for Ratification:

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.

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

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.

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

H. 4129 -- Rep. McElveen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-15-145 SO AS TO TRANSFER ALL POWERS, DUTIES, AND RESPONSIBILITIES FROM THE MUNICIPAL ELECTION COMMISSION TO THE COUNTY ELECTION COMMISSION IN THOSE MUNICIPALITIES CONDUCTING ELECTIONS AT THE TIME OF THE GENERAL ELECTION UPON THE ADOPTION OF AN ORDINANCE BY THE MUNICIPALITY EFFECTING THE TRANSFER.

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

H. 4129 -- Rep. McElveen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-15-145 SO AS TO TRANSFER ALL POWERS, DUTIES, AND RESPONSIBILITIES FROM THE MUNICIPAL ELECTION COMMISSION TO THE COUNTY ELECTION COMMISSION IN THOSE MUNICIPALITIES CONDUCTING ELECTIONS AT THE TIME OF THE GENERAL ELECTION UPON THE ADOPTION OF AN ORDINANCE BY THE MUNICIPALITY EFFECTING THE TRANSFER.

Senator WILLIAMS asked unanimous consent to reconsider third reading of the Bill.

There was no objection.

Senators WILLIAMS and HOLLAND proposed the following amendment (436\12247.DW), which was adopted:

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

/SECTION . For elections held in 1992 only, if run-off primary elections are necessary they must be held on September 8, 1992. Notwithstanding the provisions of Section 7-13-350, Code of Laws of South Carolina, 1976, the results of all elections must be certified to the appropriate state or county election commissioners by 12:00 noon on September 18, 1992./

Renumber sections to conform.

Amend title to conform.

Senator WILLIAMS explained the amendment.

Senators WILLIAMS and HOLLAND proposed the following amendment (JUD4129.002), which was adopted:

Amend the bill, as and if amended, by adding a new section to the bill to read:

SECTION . Notwithstanding any other provision of law, for candidates for school board whose primary elections coincide with the general primary election established by Section 7-13-40 of the 1976 Code:

(1) for 1992 only, the dates for filing for all candidates seeking nomination by a political party primary, political party convention, or petition is between noon June first and noon June twenty-fifth;

(2) for 1992 only, the date for filing the notice of candidacy and pledge is by noon on June twenty-fifth; and

(3) for 1992 only, the date for primary elections is the fourth Tuesday in August.

Renumber sections to conform.

Amend title to conform.

Senator WILLIAMS explained the amendment.

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

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

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

S. 810 -- Senator Land: A BILL TO AMEND CHAPTER 5, TITLE 47, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RABIES CONTROL, SO AS TO REVISE THE PROVISIONS FOR RABIES CONTROL OF PETS AND OTHER ANIMALS INCLUDING DEFINITIONS, INOCULATIONS, NOTICES, BITES AND ATTACKS, CONFINEMENTS, QUARANTINES, ENFORCEMENT, AND PENALTIES.

S. 1212 -- Senator Bryan: A BILL TO AMEND SECTIONS 44-17-420 AND 44-17-550, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEARINGS REQUIRED FOR MENTALLY ILL PERSONS, SO AS TO DELETE THE EXCLUSION OF SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS IN DETERMINING THE TIME REQUIREMENTS FOR NOTICE OF THE HEARINGS.

S. 1107 -- Senators Bryan, Peeler, Fielding, Hinds and Hinson: A BILL TO AMEND SECTION 44-7-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTITUTIONS AND TRANSACTIONS EXEMPT FROM THE STATE CERTIFICATION OF NEED PROGRAM, SO AS TO EXEMPT COMMUNITY-BASED HOUSING DESIGNED TO PROMOTE INDEPENDENT LIVING FOR PERSONS WITH MENTAL OR PHYSICAL DISABILITIES.

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

There was no objection.

Senator BRYAN explained the Bill.

The amendment proposed by the Committee on Medical Affairs (BR1\2077.AC) was adopted as follows:

Amend the bill, as and if amended, by inserting after /disabilities./ on line 28 /This does not include a facility defined in this article as a `health care facility'./

Amend title to conform.

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

S. 1118 -- Senators Bryan, Peeler, Fielding, Hinds and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 26 TO TITLE 44 SO AS TO PROVIDE FOR THE RIGHTS OF MENTAL RETARDATION CLIENTS; TO AMEND SECTION 44-20-260, RELATING TO MENTAL RETARDATION RESEARCH PROGRAMS, SO AS TO REQUIRE A CLIENT'S PRIOR CONSENT; AND TO REPEAL SECTIONS 44-23-230, 44-23-1020, 44-23-1030, 44-23-1040, 44-23-1050, 44-23-1070, AND 44-23-1090 RELATING TO THE RIGHTS OF MENTAL RETARDATION CLIENTS.

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

The amendment proposed by the Committee on Medical Affairs (BR1\2260.AC) was adopted as follows:

Amend the bill, as and if amended, Section 44-26-100(A)(1), page 7, line 20, by deleting /the/ after /including/ and inserting /reasonable/.

Amend title to conform.

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. 1347 -- Senator O'Dell: A BILL TO AMEND ACT 902 OF 1964, AS AMENDED, RELATING TO THE CREATION OF THE ABBEVILLE COUNTY HISTORIC PRESERVATION COMMISSION, SO AS TO DELETE THE REQUIREMENT THAT MEMBERS OF THE COMMISSION MUST BE RECOMMENDED FROM CERTAIN MUNICIPALITIES, TO AUTHORIZE THE COMMISSION TO ELECT A SECRETARY AND TREASURER INSTEAD OF A SECRETARY-TREASURER, TO AUTHORIZE OFFICERS TO SUCCEED THEMSELVES UNDER CONDITIONS, AND TO SUBSTITUTE COUNTY COUNCIL FOR DELEGATION AS THE ENTITY WHICH MAY APPROPRIATE MONEY TO THE COMMISSION.

On motion of Senator O'DELL, S. 1347 was ordered to receive a third reading on Thursday, March 12, 1992.

S. 1102 -- Senators Bryan, Peeler, Fielding, Hinds, Hinson and Rose: A BILL TO AMEND SECTION 44-17-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHT OF A PATIENT WHO HAS BEEN JUDICIALLY COMMITTED TO THE STATE DEPARTMENT OF MENTAL HEALTH TO BE REEXAMINED, SO AS TO PROVIDE THAT NOTICE OF THIS RIGHT MUST BE PROVIDED EVERY SIX MONTHS INSTEAD OF ANNUALLY AND TO PROVIDE THAT A HEARING ON A PETITION FOR REEXAMINATION IS NOT REQUIRED TO BE HELD IF LESS THAN THREE MONTHS HAVE ELAPSED SINCE A PREVIOUS HEARING ON A PETITION FOR REEXAMINATION.

S. 1105 -- Senators Bryan, Peeler, Fielding, Hinds and Rose: A BILL TO AMEND SECTION 44-22-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TREATMENT AND DISCHARGE PLANS FOR AN INVOLUNTARY PATIENT OF THE STATE DEPARTMENT OF MENTAL HEALTH, SO AS TO REQUIRE THAT DISCHARGE PLANNING MUST BEGIN WITHIN SEVENTY-TWO HOURS OF ADMISSION, TO PROVIDE FOR THE CONTENTS OF THE PLAN, INPUT FROM THE PATIENT, AND THE INVOLVEMENT OF CERTAIN TREATMENT INDIVIDUALS IN DEVELOPING THE PLAN.

S. 1171 -- Senator Drummond: A JOINT RESOLUTION TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA BOARD FOR NURSING HOME ADMINISTRATORS AND COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS FOR THREE YEARS.

S. 1310 -- Senators J. Verne Smith, Lourie, Leatherman, McConnell, Moore, Passailaigue, Martschink, McGill and Hinson: A BILL TO AMEND SECTION 56-5-5015, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUNSCREEN DEVICES, SO AS TO PROHIBIT THE INSTALLATION AND USE OF MORE THAN ONE SUNSCREEN DEVICE, TO PROVIDE FOR A TOTAL LIGHT TRANSMISSION OF SUNSCREENING DEVICE AND FACTORY OR MANUFACTURER INSTALLED SUNSCREENING MATERIAL OF NOT LESS THAN TWENTY-SEVEN PERCENT, TO PROVIDE THAT BEGINNING JANUARY 1, 1993, SUNSCREEN DEVICES APPLIED OR USED ON THE REAR WINDOWS AND THE FACTORY OR MANUFACTURER INSTALLED SUNSCREENING MATERIAL MUST HAVE A TOTAL LIGHT TRANSMISSION OF NOT LESS THAN TWENTY-SEVEN PERCENT, TO PROVIDE FOR A CERTIFICATE OF COMPLIANCE, TO PROVIDE ADDITIONAL PENALTIES, TO ADD DEFINITIONS, AND TO PROVIDE FOR PROMULGATION OF REGULATIONS.

On motion of Senator J. VERNE SMITH, with unanimous consent, S. 1310 was ordered to receive a third reading on Thursday, March 12, 1992.

H. 3774 -- Reps. Kempe, Rogers, Wilkes, Beatty, Hallman, Fulmer, Bruce, Beasley, Keyserling, Cole, Sturkie, Neilson, Waites, Farr, Corbett, Wells, Keegan, Cork, Cato, Whipper, Jaskwhich, Littlejohn, Manly, Cooper, T.C. Alexander, Wilder, Burch, Glover, D. Martin, Phillips, A. Young, McGinnis, Tucker, Cromer, McElveen, L. Elliott, Gonzales, R. Young, Houck, Meacham, Rhoad, Mattos, Barber, McCraw, Jennings, Kinon, Marchbanks, Altman, J. Harris and Lanford: A BILL TO AMEND SECTION 48-1-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS FOR DISCHARGES OF WASTES OR AIR CONTAMINANTS, SO AS TO PROVIDE THAT BEFORE ISSUING A PERMIT PUBLIC NOTICE MUST BE GIVEN BY THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.

Senator POPE spoke on the Bill.

On motion of Senator POPE, with unanimous consent, H. 3774 was ordered to receive a third reading on Thursday, March 12, 1992.

H. 4108 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND SECTION 44-17-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY COMMITMENT PROCEDURES FOR MENTAL ILLNESS, SO AS TO PROVIDE THAT IF A PERSON WHO IS COMMITTED IS FOUND NOT TO BE MENTALLY ILL BUT CHEMICALLY DEPENDENT AND IF PROCEDURES FOR EMERGENCY ADMISSION FOR CHEMICAL DEPENDENCE HAVE BEEN INITIATED, THEN THE PERSON MUST NOT BE DISCHARGED BUT MUST BE TRANSFERRED TO AN APPROPRIATE FACILITY; TO AMEND SECTIONS 44-17-430, 44-17-440, AND 44-17-530, RELATING TO TAKING INTO CUSTODY AND TRANSPORTING PERSONS FOR THE PURPOSE OF EMERGENCY COMMITMENT AND EXAMINATION FOR MENTAL ILLNESS, SO AS TO CHANGE REFERENCES FROM "OFFICER OF THE PEACE" TO "STATE OR LOCAL LAW ENFORCEMENT OFFICER"; TO AMEND SECTION 44-17-870, RELATING TO TAKING CUSTODY OF A PERSON INVOLUNTARILY COMMITTED TO A FACILITY WHO IS ABSENT WITHOUT AUTHORIZATION, SO AS TO DELETE OBSOLETE PROVISIONS; TO AMEND SECTION 44-52-60, AS AMENDED, RELATING TO EMERGENCY COMMITMENT PROCEDURES FOR CHEMICAL DEPENDENCY, SO AS TO PROVIDE THAT IF A PERSON WHO IS COMMITTED IS FOUND NOT TO BE CHEMICALLY DEPENDENT BUT MENTALLY ILL AND IF PROCEDURES FOR EMERGENCY ADMISSION FOR MENTAL ILLNESS HAVE BEEN INITIATED THEN THE PETITION MUST BE DISMISSED, AND IN COMPLIANCE WITH THE APPROPRIATE COMMITMENT PROCEDURES, THE PERSON MUST BE DETAINED AND MUST BE TRANSFERRED TO AN APPROPRIATE FACILITY.

H. 4363 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO VACCINATION, SCREENING AND IMMUNIZATION FOR STUDENTS REGARDING CONTAGIOUS DISEASES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1444, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 1378 -- Senator Setzler: A BILL TO AMEND ACT 171 OF 1991, RELATING TO THE GENERAL APPROPRIATIONS ACT FOR 1991-92, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH CERTAIN FUNDS FOR "EMPLOYER CONTRIBUTIONS FOR SCHOOL DISTRICTS --INSURANCE, RETIREES" IN PART I ARE ALLOCATED AND EXPENDED.

H. 3434 -- Rep. Burch: A BILL TO AMEND SECTION 43-5-590, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES IN CONNECTION WITH THE FEDERALLY-APPROVED STATE CHILD SUPPORT PLAN, SO AS TO PROVIDE THAT AN ATTORNEY-CLIENT RELATIONSHIP IS NOT CREATED BETWEEN THE DEPARTMENT AND THE RECIPIENT OF CHILD SUPPORT SERVICES WHEN AN ASSIGNMENT OF THE RIGHT TO CHILD SUPPORT HAS BEEN GIVEN TO THE STATE BY THE RECIPIENT OF THE SERVICES.

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.

Senator HINDS 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 Judiciary.

The amendment proposed by the Committee on Judiciary (JUD953.005) was adopted as follows:

Amend the bill, as and if amended, page 2, beginning on line 19, in Section 5-31-2020, as contained in SECTION 1, by striking /cost of installing sewer laterals (collection lines)/ and inserting /cost of installing sewer laterals (collection lines) costs of construction/ .

Amend the bill further, as and if amended, page 3, line 38, in Section 5-31-2030, as contained in SECTION 2, by striking /.;/ and inserting therein:

/. Provided, however, a municipality may not make a sewer connection or provide a sewage disposal service outside the municipality if:

(a) a special purpose or public service district, as defined by Section 6-11-1610;

(b) a special tax district, as defined by Section 4-9-30(5);

(c) a political subdivision authorized to provide such service; or

(d) an organization incorporated under Section 33-35-10 et seq. and authorized to provide such service has the authority to provide such service in that area./ .

Amend the bill further, as and if amended, page 3, line 42, in Section 5-31-2030, as contained in SECTION 2, by striking /collection/ and inserting /collection distribution/ .

Amend the bill further, as and if amended, page 4, line 9, in Section 5-31-2030, as contained in SECTION 2, by striking /to/ and inserting /to/ .

Amend the bill further, as and if amended, page 4, line 11, in Section 5-31-2030, as contained in SECTION 2, by striking /and/ and inserting /and/ .

Amend the bill further, as and if amended, page 4, line 14, in Section 5-31-2030, as contained in SECTION 2, by striking /./ and inserting the following /. ; and/ .

Amend the bill further, as and if amended, page 4, line 15, in Section 5-31-2030, as contained in SECTION 2, by striking /These regulations authorize/ and inserting therein the following: /(c) authorizing/ .

Amend the bill further, as and if amended, page 4, line 37, in Section 5-31-2030, as contained in SECTION 2, by inserting after the word /equitable./ the following:

/Provided, however, a municipality may not make a sewer connection or provide a sewage disposal service outside the municipality if:

(i) a special purpose or public service district, as defined by Section 6-11-1610;

(ii) a special tax district, as defined by Section 4-9-30(5);

(iii) a political subdivision authorized to provide such service; or

(iv) an organization incorporated under Section 33-35-10 et seq. and authorized to provide such service has the authority to provide such service in that area./ .

Amend the bill further, as and if amended, page 5, line 25, in Section 5-31-2030, as contained in SECTION 2, by striking /which/ and inserting /which/ .

Amend the bill, as and if amended, page 5, beginning on line 32, in Section 5-31-2030, as contained in SECTION 2, by striking /No individual residential parcel shall may be assessed on the basis of more than two hundred fifty feet of frontage./ and inserting /No individual parcel shall be assessed on the basis of more than two hundred fifty feet of frontage./ .

Amend the bill further, as and if amended, page 9, line 12, in Section 5-31-2030, as contained in SECTION 2, by striking /No such/ and inserting /no such . No/ .

Amend the bill further, as and if amended, page 12, beginning on line 19, in Section 6-11-1220, as contained in SECTION 3 , by striking /cost of installing sewer laterals (collection lines)/ and inserting /cost of installing sewer laterals (collection lines) costs of construction/ .

Amend the bill further, as and if amended, page 14, line 6, in Section 6-11-1230, as contained in SECTION 4, by striking /collection/ and inserting /collection distribution/ .

Amend the bill further, as and if amended, page 14, line 11, in Section 6-11-1230, as contained in SECTION 4, by striking /council/ and inserting /commission/ .

Amend the bill further, as and if amended, page 14, line 27, in Section 6-11-1230, as contained in SECTION 4, by striking /resolultion/ and inserting /resolution/ .

Amend the bill further, as and if amended, page 16, beginning on line 32, in Section 6-11-1230, as contained in SECTION 4, by striking /No individual residential parcel may be assessed on the basis of more than two hundred fifty feet of frontage./ and inserting /No individual residential parcel may be assessed on the basis of more than two hundred fifty feet of frontage./ .

Amend the bill further, as and if amended, page 18, line 38, in Section 6-11-1230, as contained in SECTION 4, by striking /council/ and inserting /commission/ .

Amend the bill further, as and if amended, page 18, line 40, in Section 6-11-1230, as contained in SECTION 4, by striking /council/ and inserting /commission/ .

Amend title to conform.

Senator MARTSCHINK explained the amendment.

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

S. 1110 -- Senators Lourie, Giese, Passailaigue and Rose: A BILL TO AMEND SECTION 44-81-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHTS OF RESIDENTS IN LONG-TERM CARE FACILITIES, SO AS TO INCLUDE THE RIGHT TO BE INFORMED OF THE FACILITY'S REFUND POLICY WHICH A FACILITY MUST ADOPT, TO CHOOSE A PERSONAL PHYSICIAN AND RIGHTS ASSOCIATED WITH TREATMENT AND CARE, TO PROVIDE AN EXCEPTION TO THE THIRTY-DAY TRANSFER NOTICE REQUIREMENT, AND TO PROVIDE FOR FAMILY ACCESS TO THE RESIDENT AND THE RIGHT OF FAMILY TO MEET WITH OTHER FAMILIES AT SUCH FACILITIES.

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

There was no objection.

Senator LOURIE explained the Bill.

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

S. 1302 -- Senators Leatherman, J. Verne Smith, Helmly and Peeler: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO INCREASE THE FISCAL YEAR 1992 NURSING HOME MEDICAID PERMITS OF CERTAIN NURSING HOMES AND TO PROVIDE ALTERNATE METHODS FOR CALCULATING THE INCREASE.

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 (BR1\2212.AC) was adopted as follows:

Amend the resolution, as and if amended, Section 1, by adding:

/(D) A facility must not be assessed a penalty under Section 44-7-90(2) of the 1976 Code if the violation is a result of additional Medicaid days allocated pursuant to this joint resolution./

Renumber sections to conform.

Amend title to conform.

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

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.

Senator MULLINAX 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 (JUD1308.002) proposed by Senator POPE and previously printed in the Journal of Thursday, March 5, 1992.

Senator POPE made the motion to withdraw his proposed amendment.

There was no objection.

Senator MULLINAX proposed the following amendment (RES1308.001), which was adopted:

Amend the bill, as and if amended, page 1, Section 16-3-85(A)(2), line 30, by striking the word /allows/ and inserting in lieu thereof the words:

/aids and abets/

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. 3384 -- Rep. Altman: A BILL TO AMEND SECTION 56-5-4140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROSS WEIGHT OF VEHICLES, SO AS TO PROVIDE THAT CERTAIN VEHICLES MUST DISPLAY THE NAME OF THE OWNER OR OPERATOR ON THE VEHICLE.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment (DKA3710.AL) previously proposed by Senator LEATHERMAN and printed in the Journal on March 10, 1992.

Senator LEATHERMAN explained the amendment.

Senator LEATHERMAN made the motion to carry the Bill over.

S. 1059 -- Senator Giese: A CONCURRENT RESOLUTION TO EXPRESS THE SUPPORT OF THE GENERAL ASSEMBLY FOR THE SOUTH CAROLINA ORAL HEALTH TASK FORCE AND ITS RECOMMENDATIONS AND TO COMMEND THE TASK FORCE FOR ITS DEDICATION AND HARD WORK IN ADDRESSING THIS IMPORTANT HEALTH ISSUE.

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

S. 1106 -- Senators Bryan, Peeler, Fielding, Hinds and Rose: A BILL TO AMEND SECTION 44-7-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GROUNDS UPON WHICH A HEALTH FACILITY LICENSE ISSUED BY THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MAY BE SUSPENDED, REVOKED, OR DENIED, SO AS TO PROVIDE THAT IF CONDITIONS OR PRACTICES WITHIN A FACILITY POSE AN IMMEDIATE THREAT TO THE SAFETY AND WELFARE OF THE RESIDENTS, THE DEPARTMENT IMMEDIATELY MAY SUSPEND THE LICENSE OF THE FACILITY.

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

Senator BRYAN explained the Bill.

Senator LEATHERMAN objected to further consideration of the Bill.

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.

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

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.

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

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.

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

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.

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

S. 1098 -- Senators Lourie, Giese and Passailaigue: A BILL TO AMEND SECTION 43-21-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE SOUTH CAROLINA COMMISSION ON AGING, SO AS TO AUTHORIZE THE COMMISSION TO CERTIFY HOMEMAKERS AND HOME HEALTH AIDES IN ACCORDANCE WITH THE FEDERAL OMNIBUS BUDGET RECONCILIATION ACT AND ESTABLISH AND COLLECT FEES FOR ADMINISTERING THIS CERTIFICATION PROGRAM AND CARRY FORWARD REMAINING FEES TO THE NEXT FISCAL YEAR FOR THE SAME PURPOSE.

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

H. 4352 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO 61-68, WATER CLASSIFICATIONS AND STANDARDS, AND 61-69, WATER CLASSIFICATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1385, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator MACAULAY explained the Joint Resolution.

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

H. 4354 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WATER CLASSIFICATIONS (BOHICKET CREEK, ET AL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1402, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 3224 -- Rep. McElveen: A CONCURRENT RESOLUTION TO RECOMMEND THAT THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AMEND SECTIONS OF THE DEPARTMENT'S NURSING HOME REGULATIONS.

On motion of Senator HINSON, the Resolution 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.

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

THE SENATE PROCEEDED TO THE MOTION PERIOD.

S. 871 -- Senators Pope, Williams, Waddell, Setzler, Bryan and Macaulay: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-531 SO AS TO PROVIDE THAT CERTAIN ACTIONS RELATING TO ASBESTOS IN PUBLIC BUILDINGS ACCRUING BEFORE THE EFFECTIVE DATE OF THIS SECTION ARE REVIVED, AND MUST BE COMMENCED, IF NOT ALREADY COMMENCED, NO LATER THAN FIVE YEARS AFTER THE PUBLIC ENTITY SEEKING TO RECOVER HAS COMPLETED THE ABATEMENT WORK OR DISCOVERED THE IDENTITY OF THE MANUFACTURER OF THE MATERIALS, WHICHEVER IS LATER, AND TO PROVIDE FOR A FIVE-YEAR STATUTE OF LIMITATIONS PERIOD FOR CERTAIN ASBESTOS ACTIONS ACCRUING ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION.

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

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

Bryan Carmichael Fielding
Gilbert Hayes, R.W. Hinds
Leventis Lourie Macaulay
Matthews McGill Mitchell
Moore Mullinax Patterson
Peeler Pope Reese
Russell Saleeby Setzler
Smith, J.V. Smith, N.W. Washington
Williams

Courson Courtney Drummond
Giese Helmly Hinson
Leatherman Martschink McConnell
O'Dell Passailaigue Rose
Shealy Stilwell Thomas
Wilson

Not having received the necessary vote, the motion to make S. 871 a Special Order failed.

Senator FIELDING moved under Rule 33 to vary the order of the day to proceed to the category on the Calendar of Third Reading Local Contested Bills.

Senator MARTSCHINK made a Parliamentary Inquiry as to whether the Senate would revert to the Motion Period after consideration of the category on the Calendar of Third Reading Local Contested Bills had been completed.

Senator McCONNELL made a Parliamentary Inquiry as to whether the Senate would proceed to a consideration of the category on the Calendar of Second Reading Local Contested Bills after the completion of the Third Reading Local Contested Bills.

Senator THOMAS made a Parliamentary Inquiry as to whether passage of the motion under Rule 33 required a majority or two-thirds vote.

The PRESIDENT stated that a three-fourths vote was required for passage.

Senator McCONNELL raised a Point of Order that under Rule 33 it requires a three-fourths vote of the members present in order to vary the order of the day and to move forward to a new category in the order of daily business.

Senator FIELDING spoke on the Point of Order and stated that because the motion was made during the Motion Period, only a majority vote would be required.

The PRESIDENT sustained the Point of Order by Senator McCONNELL and stated that the motion to vary the order of the day would require a three-fourths vote of the members present.

Senator THOMAS made a Parliamentary Inquiry as to the status of a Bill taken up in Third Reading Local Contested order if the Senate adjourned with the Bill under debate.

The PRESIDENT stated that if the Senate proceeded to the Third Reading Local Contested Calendar and began consideration of the first Bill on that Calendar, and subsequently adjourned, that Bill would remain in its current place on the Calendar inasmuch as there was a Bill in the status of Interrupted Debate.

Fielding Hinds Lourie
McGill Mullinax Passailaigue
Washington

Courtney Martschink McConnell

Bryan Carmichael Courson
Drummond Giese Gilbert
Hayes, R.W. Helmly Leatherman
Leventis Macaulay Matthews
Mitchell Moore O'Dell
Peeler Pope Reese
Rose Russell Saleeby
Shealy Smith, J.V. Smith, N.W. Thomas Williams Wilson

Stilwell

Not having received the necessary vote, the motion to vary the order of the day failed.

S. 219 -- Senators Shealy and Martschink: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO LOTTERIES, SO AS TO AUTHORIZE LOTTERIES CONDUCTED BY THE STATE AND TO PROVIDE FOR THE USE OF THE REVENUES DERIVED FROM THE LOTTERIES.

Senator MARTSCHINK moved that the Joint Resolution be made a Special Order.

Senator LEATHERMAN moved that the Senate stand adjourned.

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

Bryan Courson Drummond
Fielding Giese Hayes, R.W.
Helmly Hinds Leatherman
Leventis Matthews McGill
Mitchell Moore Mullinax
O'Dell Patterson Russell
Saleeby Smith, J.V. Thomas
Washington Williams

Carmichael Courtney Gilbert
Macaulay Martschink McConnell
Passailaigue Peeler Pope
Reese Rose Shealy
Smith, N.W. Stilwell Wilson

The motion that the Senate stand adjourned was adopted.

At 1:07 P.M., on motion of Senator LEATHERMAN, the Senate adjourned to meet tomorrow at 11:00 A.M.

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