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, let us make the prayer of the Psalmist our prayer for today. He had problems, too. (Psalms 19:14):

"Let the words of my mouth

and the meditations of my heart

Be acceptable in Thy sight, O Lord,

my strength and my redeemer."
Let us pray.

O Lord, kindle our imagination that we may see our beloved South Carolina as the State she ought to be in the sight of our God... and the subdivisions as fruitful gardens of our Lord.

Where we may differ in our ways of doing things, unite us in the desire to do that which is right... and good... and fair... and just for all our people... in the Name of the God to whom King David prayed.

Amen.

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

At 11:00 A.M., on motion of Senator BRYAN, Senator HELMLY was granted a leave of absence for today.

At 1:00 P.M., Senator POPE requested and was granted a leave of absence until Tuesday, May 5, 1992.

At 11:05 A.M., Senator J. VERNE SMITH 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 11:25 A.M.

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

Senator MITCHELL rose to a Point of Personal Privilege.

Mr. PRESIDENT, Members of the Senate.

I am sure we have all seen the front pages of our newspapers today regarding the mass destruction in Los Angeles, California, which appears to be the result of the verdict in the Rodney King trial.

After receiving a call this morning from a talk show host from Greenville regarding this verdict and what it means, I realize that it is closer to home than I had previously thought -- for the question asked is whether it could occur in South Carolina and could the devastation occur in the Upstate. Well, my answer is like Virginia O'Haven's question, `Is there really a Santa Claus?' It is in the hearts and minds of our people. There is no time for race hating or race battering, especially in an atmosphere charged this year with politics. Our constituents elected us as their leaders and when we go home today, we must answer their questions on this matter by telling them it cannot happen as long as we uphold the highest principles of our criminal justice system -- as long as justice, indeed, is the end result of what we all seek.

It makes no sense to pull people from their trucks and automobiles and beat them because of their race or to devastate communities and destroy property in the hundreds of millions of dollars or to take lives indiscriminately because of race.

The African-American community cannot improve by trying to do it all alone; neither can the white community. We need each other to be viable and progressive. We must turn our backs on those who would divide us along the racial line. We must continue to mend our fences, build more bridges and open more doors to each other. We must put our energies to work in resolving our problems in education, housing, health and medical problems and meaningful economic development, rather than polarize by race and pull ourselves apart. We must come together as a state and nation to work on the things which separate us as people.

We must have no place for hate and intolerance. The Founding Fathers envisioned, in part, a nation which is the bastion of freedom and opportunity. Now, as we move into the next century it must be done by saying to our people, `No, it cannot happen here as long as we continue walking together, showing respect, compassion and care as was taught by the Master, Jesus Christ, one unto the other.'

We must tell our people that we will make real the promise of America for all of its citizens by making our creed meaningful and real.

The Governor of California said he was "shocked" by the verdict. Therefore, we must have a system of justice above suspicion or reproach, and elect people to positions who will adhere to the creed of fairness, justice, and equality for all of America's people.

We must tell our people that death and destruction is not the way, nor is it the answer. And that the inquiry they make as to whether it can happen in South Carolina is that not only can it not happen here, but that it won't happen here, while we continue working together -- black and white people and others -- to fulfil the teaching the Master taught us by showing love and respect to each other.

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

Senator WASHINGTON rose to a Point of Personal Privilege.

S. 1338 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-19-25 SO AS TO VALIDATE THE PRIOR ESTABLISHMENT OF CERTAIN FIRE PROTECTION DISTRICTS; AND TO AMEND SECTION 4-19-20, RELATING TO THE ACTION REQUIRED OF A COUNTY GOVERNING BODY BEFORE THE IMPOSITION OF AD VALOREM TAXES TO FUND THE SERVICES PROVIDED BY A FIRE PROTECTION DISTRICT, SO AS TO REVISE THE PROCEDURE FOR THE ESTABLISHMENT OF A FIRE PROTECTION DISTRICT AND LIMIT CHALLENGES TO THE ESTABLISHMENT OF A DISTRICT.

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

H. 3829 -- Reps. Boan, P. Harris, Harwell, Keegan, Nettles, Scott, Tucker, Wilkins, Kinon, L. Elliott and Houck: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 5 IN TITLE 48, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION, BY ENACTING THE SOUTH CAROLINA WATER QUALITY REVOLVING FUND AUTHORITY ACT SO AS TO CREATE THE SOUTH CAROLINA WATER QUALITY REVOLVING FUND AUTHORITY; TO PROVIDE FOR THE POWERS OF THE AUTHORITY; TO AUTHORIZE THE ESTABLISHMENT BY THE AUTHORITY OF A REVOLVING FUND FOR THE PURPOSE OF MAKING LOANS TO PROJECT SPONSORS FOR THE FINANCING OF WASTEWATER TREATMENT FACILITIES AND OTHER CLEAN WATER PROJECTS; TO AUTHORIZE THE AUTHORITY TO ISSUE BONDS FOR THE PURPOSE OF PROVIDING FUNDS FOR DEPOSIT TO THE REVOLVING FUND; TO PROVIDE FOR THE METHOD OF ISSUANCE AND SECURING OF THE BONDS AND THE PAYMENT; TO AUTHORIZE THE DEPOSIT IN THE REVOLVING FUND OF FEDERAL GRANTS, STATE APPROPRIATIONS, LOAN REPAYMENTS, AND OTHER AMOUNTS AVAILABLE TO THE AUTHORITY; TO AUTHORIZE THE MAKING OF LOANS BY THE AUTHORITY TO PROJECT SPONSORS AND THE BORROWING BY PROJECT SPONSORS FROM THE AUTHORITY; AND TO REPEAL CHAPTER 6 OF TITLE 48, RELATING TO THE WATER POLLUTION REVOLVING FUND.

On motion of Senator MOORE, with unanimous consent, the Bill was recalled from the Legislative Council.

There was no objection.

S. 1524 -- Senators Bryan, Wilson, Robert W. Hayes, Jr., Leventis, Carmichael, Courson, Courtney, Drummond, Giese, Helmly, Hinds, Leatherman, Lourie, Macaulay, Martin, Martschink, McConnell, McGill, Moore, O'Dell, Peeler, Pope, Reese, Rose, Russell, Shealy, J. Verne Smith, Stilwell and Williams: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO SUPPORT AND MAINTAIN A STRONG ARMY NATIONAL GUARD BY MANDATING THAT THE "END STRENGTH" OF THE ARMY NATIONAL GUARD BE NO LESS THAN 420,000 PERSONNEL AND THAT THE SOUTH CAROLINA ARMY NATIONAL GUARD UNITS PRESENTLY SERVING THE STATE OF SOUTH CAROLINA BE RETAINED AS PART OF THE FORCE STRUCTURE OF AMERICA'S ARMED FORCES.

On motion of Senator BRYAN, with unanimous consent, the Resolution was recalled from the General Committee.

There was no objection.

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

The following were introduced:

S. 1528 -- Senators Russell, Courtney and Reese: A CONCURRENT RESOLUTION TO CONGRATULATE MR. W. CALVIN WHITE OF SPARTANBURG UPON HIS REELECTION FOR AN UNPRECEDENTED SEVENTH CONSECUTIVE TERM AS CHAIRMAN OF THE SOUTH CAROLINA REAL ESTATE COMMISSION.

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

S. 1529 -- Senator Setzler: A CONCURRENT RESOLUTION TO REQUEST THE DIVISION OF PARKS OF THE DEPARTMENT OF PARKS, RECREATION AND TOURISM TO GIVE SPECIAL CONSIDERATION TO THE FORMER SOUTH CAROLINA TOWN OF DUNBARTON AND ALLOW THEM TO USE THE MAIN COMMUNITY BUILDING AT BARNWELL STATE PARK THE FIRST SUNDAY IN MAY EACH YEAR TO CELEBRATE ITS REUNION WHICH HAS BEEN HELD AT THAT LOCATION FOR THE LAST FORTY YEARS.

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

S. 1530 -- Senator Lourie: A CONCURRENT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA JAYCEES TO USE THE SENATE AND HOUSE CHAMBERS AND THE BLATT BUILDING COMMITTEE ROOMS ON SATURDAY AND SUNDAY, JANUARY 23-24, 1993, TO CONDUCT A MODEL LEGISLATURE.

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

That the South Carolina Jaycees are authorized to use the Senate and House chambers and the Blatt Building committee rooms on Saturday and Sunday, January 23-24, 1993, for the purpose of conducting a model legislature. If either house is in statewide session, the chamber of that house may not be used and if the House of Representatives is in statewide session, the Blatt Building also may not be used.

Referred to the Committee on Invitations.

S. 1531 -- Senator Bryan: A BILL TO AMEND ACT 571 OF 1990, AS AMENDED, RELATING TO JUVENILE DETENTION, SO AS TO CHANGE THE EFFECTIVE DATE FOR CERTAIN SECTIONS FROM JANUARY 1, 1993, TO JULY 1, 1993.

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

S. 1532 -- Senators Holland, Saleeby and Carmichael: A BILL TO AUTHORIZE THE APPOINTMENT OF A MINISTERIAL MAGISTRATE IN CHESTERFIELD COUNTY.

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

On motion of Senator HOLLAND, S. 1532 was ordered to receive a second and third reading on the next two consecutive legislative days.

S. 1533 -- Senators Matthews and Washington: A BILL TO REQUIRE THE ALLENDALE COUNTY BOARD OF EDUCATION TO SUBMIT A BUDGET AND ANNUAL TAX LEVY TO THE COUNTY AUDITOR, TO AUTHORIZE THE BOARD TO SET THE SCHOOL TAX MILLAGE ANNUALLY WITH CERTAIN LIMITATIONS, TO REQUIRE A PUBLIC HEARING ON THE PROPOSED MILLAGE, AND TO REQUIRE A REFERENDUM TO EXCEED THE AUTHORIZED MILLAGE; AND TO REPEAL SECTIONS 21-1101 AND 21-1102, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1962, RELATING TO THE POWERS AND DUTIES OF THE BOARD OF EDUCATION OF ALLENDALE COUNTY AND THE LEGISLATIVE DELEGATION'S AUTHORITY TO SET THE ANNUAL SCHOOL TAX MILLAGE.

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

On motion of Senator MATTHEWS, S. 1533 was ordered to receive a second reading on Friday, May 1, 1992.

H. 4801 -- Rep. Foster: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF ANDREW CARTER OF ROCK HILL AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.

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

H. 4802 -- Rep. Meacham: A CONCURRENT RESOLUTION TO COMMEND FORT MILL PATROLMAN JOE BUTTS FOR HIS HEROIC ACTIONS IN TRYING TO PREVENT A ROBBERY AND TO WISH HIM SPEEDY RECOVERY FROM THE GUNSHOT WOUND HE RECEIVED WHILE TRYING TO PREVENT THE ROBBERY.

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

H. 4803 -- Reps. J. Harris, H. Brown, Keyserling, Rogers and Jaskwhich: A CONCURRENT RESOLUTION TO CONGRATULATE THE SOUTH CAROLINA ARTS COMMISSION ON ITS ANNIVERSARY CELEBRATING TWENTY-FIVE YEARS OF CONTRIBUTING TO AN IMPROVED QUALITY OF LIFE THROUGH THE ARTS FOR ALL SOUTH CAROLINIANS.

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

H. 4808 -- Reps. Wofford, J. Williams, H. Brown and D. Williams: A CONCURRENT RESOLUTION EXPRESSING APPRECIATION TO THE HONORABLE ROBERT L. (BOBBY) HELMLY OF BERKELEY COUNTY, OUR GOOD FRIEND AND DISTINGUISHED COLLEAGUE, FOR HIS FRIENDSHIP AND EXCELLENT LEGISLATIVE SERVICE, AND EXTENDING HIM BEST WISHES FOR HAPPINESS AND SUCCESS IN HIS FUTURE ENDEAVORS.

Whereas, since November of 1988 the Honorable Robert Linwood Helmly of Berkeley County has served as a member of the South Carolina Senate; and

Whereas, from 1973 to 1988 Bobby Helmly was a member of the South Carolina House of Representatives; and

Whereas, in both bodies he has rendered outstanding legislative service and has always worked to do what is best overall for the people of this great State; and

Whereas, we in the General Assembly have known Bobby as a truly dedicated public servant -- hardworking, loyal, friendly, cooperative, and supportive; and

Whereas, Bobby has been one of the most popular and most highly respected South Carolina legislators in recent memory -- among his colleagues in the State House and among the citizens from one end of the Palmetto State to the other; and

Whereas, he has decided not to seek re-election this year and is therefore retiring from legislative service -- a fact we accept with sadness because his departure from the State House will be a personal loss not only to us but also to the people of South Carolina who have come to know that Bobby Helmly of Berkeley County stands for good government; and

Whereas, we hope that he will not forget us and that he will be happy in all of his endeavors following the end of his current legislative term of office. Now, therefore,

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

That we, the members of the General Assembly of the State of South Carolina, by this resolution, express appreciation to the Honorable Robert L. (Bobby) Helmly of Berkeley County, our good friend and distinguished colleague, for his friendship and excellent legislative service and extend to him our best wishes for happiness and success in his future endeavors.

Be it further resolved that a copy of this resolution be forwarded to the Honorable Robert L. Helmly.

Senator WILLIAMS moved that the Concurrent Resolution be adopted.

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

Bryan Carmichael Cork
Courson Courtney Drummond
Fielding Giese Gilbert
Hayes, R.W. 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 Concurrent Resolution was adopted, ordered returned to the House.

H. 4809 -- Reps. Mattos, M.O. Alexander, Baker, Cato, Clyborne, Fair, Haskins, Jaskwhich, Manly, Vaughn and Wilkins: A CONCURRENT RESOLUTION TO COMMEND MITCHELL DAVIS OF THE TANGLEWOOD COMMUNITY IN GREENVILLE COUNTY FOR HIS COURAGE AND BRAVERY IN RESCUING TWO PEOPLE FROM A BURNING CAR IN A TRAGIC ACCIDENT WHICH TOOK THE LIVES OF TWO OTHER PEOPLE.

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

H. 3520 -- Reps. Whipper, Rogers, White, Hallman, Fulmer, Holt, J. Bailey, Beatty, McLeod, Haskins, Kempe and Rudnick: A BILL TO AMEND CHAPTER 1, TITLE 37, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL PROVISIONS AND DEFINITIONS IN THE CONSUMER PROTECTION CODE, BY ADDING SECTION 37-1-401 SO AS TO REQUIRE A CONSUMER CREDIT REPORTING AGENCY TO ACCURATELY REPORT INFORMATION AND TO VERIFY AND UPDATE CONSUMER CREDIT INFORMATION WITHIN THIRTY DAYS OF RELEASING THE INFORMATION AND TO PROVIDE CIVIL LIABILITY FOR NONCOMPLIANCE.

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

H. 3867 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-840, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USING CERTAIN NETS TO FISH WITHIN THREE MILES FROM WINYAH BAY JETTIES, SO AS TO CLARIFY THE PENALTY TO INCLUDE THE SEIZURE OF AN ENGINE AND ALL RELATED EQUIPMENT FOR A VIOLATION OF THIS SECTION.

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

H. 3868 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-422, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESTRICTIONS ON THE USE OF GILL NETS FOR TAKING AMERICAN SHAD IN STATE WATERS OF THE ATLANTIC OCEAN, SO AS TO PROVIDE THAT EACH NET SET IN VIOLATION OF THIS SECTION CONSTITUTES A SEPARATE OFFENSE.

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

H. 3869 -- Rep. Snow: A BILL TO AMEND CHAPTER 17, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 SO AS TO PROVIDE A POINT SYSTEM TO BE USED IN SUSPENDING PRIVILEGES, LICENSES, AND PERMITS FOR VIOLATIONS OF COASTAL FISHERIES LAWS AND REGULATIONS.

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

H. 4360 -- Reps. Wilkins, Harrison and Hodges: 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.

H. 4572 -- Reps. Hendricks and L. Martin: A BILL TO REPEAL SECTION 52-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON CARNIVALS AND TRAVELING TENT SHOWS EXHIBITING WITHIN THIS STATE.

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

H. 4700 -- Reps. Holt, J. Bailey, Whipper, Hallman, Barber, Fulmer, Rama, Inabinett, D. Martin, Gonzales and R. Young: A BILL TO REQUIRE THE BUDGET OF THE CHARLESTON COUNTY PARKS AND RECREATION COMMISSION TO BE SUBMITTED TO AND APPROVED BY THE CHARLESTON COUNTY COUNCIL ANNUALLY FOR THE UPCOMING FISCAL YEAR ON A DATE DETERMINED BY COUNCIL.

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

Senator WILLIAMS, from the Committee on Judiciary, has polled out favorable:

S. 1427 -- Senators Williams and Drummond: A BILL TO AMEND SECTION 33-55-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM REGISTRATION FEES UNDER THE SOLICITATION OF CHARITABLE FUNDS ACT, SO AS TO FURTHER PROVIDE FOR THESE EXEMPTIONS, TO AMEND SECTION 33-55-90, RELATING TO CONTRACTS AND AGREEMENTS BETWEEN CHARITABLE ORGANIZATIONS AND PROFESSIONAL FUND-RAISING COUNSEL OR SOLICITORS, SO AS TO DELETE CERTAIN PROVISIONS WHICH PERMIT THE SECRETARY OF STATE TO DISAPPROVE CONTRACTS OR AGREEMENTS WHERE HE CONCLUDES THEY INVOLVE EXCESSIVELY HIGH FUND-RAISING COSTS AND WHICH PROHIBIT THE CARRYING OUT OF DISAPPROVED CONTRACTS OR AGREEMENTS, TO AMEND THE 1976 CODE BY ADDING SECTION 33-55-95 SO AS TO ESTABLISH CERTAIN PROCEDURES FOR THE SATISFACTION OF REGISTRATION REQUIREMENTS BY CHARITABLE ORGANIZATIONS, PROFESSIONAL FUND-RAISING COUNSEL, OR PROFESSIONAL SOLICITORS, AND TO REPEAL SECTION 33-55-80, RELATING TO COMPENSATION OF PROFESSIONAL SOLICITORS.

Williams Bryan Martschink
Holland Courson Lourie
Mitchell Saleeby Pope
McConnell Russell

Martin Matthews Shealy
Long Wilson Moore
Stilwell

Ordered for consideration tomorrow.

Senator WILLIAMS, from the Committee on Judiciary, has polled out favorable with amendment:

H. 4432 -- Reps. Wilkins, Jennings, Harrison, Huff, J. Williams and Clyborne: 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.

Williams Mitchell Martschink
Lourie Pope McConnell
Wilson Bryan Moore
Courson Russell

Martin Long Shealy
Holland Matthews Saleeby
Stilwell

Ordered for consideration tomorrow.

Senator HOLLAND, from the Committee on Fish, Game and Forestry, has polled out favorable:

H. 4561 -- Reps. Jennings, J. Harris and K. Burch: A BILL TO AMEND SECTION 50-11-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, SO AS TO REVISE THE SEASON IN GAME ZONE 5.

Holland Shealy Rose
Drummond Martschink Williams
Land McGill Washington
Peeler O'Dell Reese
Fielding Passailaigue Hayes, R.W.

Long Mullinax Carmichael

Ordered for consideration tomorrow.

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

H. 4258 -- Reps. Snow, G. Bailey, Sharpe, Rhoad, Kennedy, Altman, Smith, Farr, Wilder, Waldrop, McAbee and McTeer: A BILL TO AMEND SECTION 46-45-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS OF "AGRICULTURAL FACILITY" AND "AGRICULTURAL OPERATION" UNDER THE PROVISIONS OF LAW CONCERNING NUISANCE SUITS RELATED TO AGRICULTURAL OPERATIONS, SO AS TO INCLUDE "TREES" AND "SILVICULTURE" WITHIN THOSE DEFINED TERMS.

Land McGill Washington
Setzler Mullinax Peeler
O'Dell Drummond Rose
Matthews Courson

Leventis

Pope Hinds Lourie
Passailaigue Gilbert

Ordered for consideration tomorrow.

S. 1097 -- Senator Saleeby: A BILL TO AMEND SECTION 1-11-142, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH AND DENTAL INSURANCE COVERAGE FOR COUNTIES UNDER THE STATE HEALTH INSURANCE PLAN, SO AS TO AUTHORIZE COVERAGE FOR ALCOHOL AND DRUG ABUSE PLANNING AGENCIES.

The House returned the Bill with amendments.

On motion of Senator SALEEBY, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

H. 3550 -- Reps. Cromer and Manly: A BILL TO AMEND SECTION 56-3-1970, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES FOR VIOLATING THE PROVISIONS OF LAW ON HANDICAPPED PARKING, SO AS TO INCREASE THE PENALTIES FOR FIRST, SECOND, THIRD, AND SUBSEQUENT OFFENSES AND PROVIDE THAT, IN THE CASE OF A THIRD OR SUBSEQUENT OFFENSE, THE DRIVER'S LICENSE OF THE VIOLATOR MUST BE SUSPENDED FOR NINETY DAYS.

The House returned the Bill with amendments.

On motion of Senator HOLLAND, the Senate nonconcurred in the House amendments, and a message was sent to the House accordingly.

H. 4337 -- Rep. Kirsh: A BILL TO AMEND SECTION 9-11-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ACCIDENTAL DEATH BENEFIT PROGRAM UNDER THE SOUTH CAROLINA POLICE OFFICERS' RETIREMENT SYSTEM, SO AS TO INCREASE BY TEN PERCENT THE MONTHLY ALLOWANCE OF A BENEFICIARY UNDER THE PROGRAM WHO WAS RECEIVING BENEFITS UNDER THE PROGRAM ON JULY 1, 1991, AND TO MAKE THE INCREASE EFFECTIVE JULY 1, 1992.

The House returned the Bill with amendments.

On motion of Senator LAND, the Senate nonconcurred in the House amendments, and a message was sent to the House accordingly.

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber at 11:25 A.M. and the following Acts and Joint Resolution were ratified:

(R405) S. 1205 -- Senator Drummond: AN ACT TO AMEND SECTION 40-7-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF BARBER EXAMINERS, SO AS TO REVISE THE REQUIREMENTS FOR MEMBERSHIP TO INCLUDE FOUR EXPERIENCED BARBERS WITH TWO AS MASTER HAIRCARE SPECIALISTS AND ONE PUBLIC MEMBER; TO AMEND SECTION 40-7-160, AS AMENDED, RELATING TO NONRESIDENT BARBERS, SO AS TO REQUIRE THE NONRESIDENT'S STATE OR COUNTRY TO HAVE LICENSING REQUIREMENTS WHICH MEET OR EXCEED SOUTH CAROLINA'S; TO REPEAL SECTION 40-7-80 RELATING TO BOARD RECORDS AND SECTION 40-7-90 RELATING TO BOARD REPORTS; TO PROVIDE FOR APPOINTMENT OF THE PUBLIC MEMBER; AND TO REAUTHORIZE THE EXISTENCE OF THE BOARD FOR SIX YEARS.

(R406) S. 1300 -- Senators McConnell, Stilwell, Rose, Moore, Leventis, Bryan, Robert W. Hayes, Jr., Courtney and Wilson: AN ACT TO AMEND SECTION 36-9-402, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUISITES OF A FINANCING STATEMENT UNDER THE UNIFORM COMMERCIAL CODE, SO AS TO FURTHER PROVIDE FOR CERTAIN CIRCUMSTANCES UNDER WHICH A FINANCING STATEMENT IS CONSIDERED SUFFICIENT.

(R407) S. 1389 -- Senators Mullinax, Nell W. Smith and Macaulay: AN ACT TO AMEND SECTION 51-13-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREATION OF THE PENDLETON DISTRICT HISTORICAL AND RECREATIONAL COMMISSION SPECIAL PURPOSE DISTRICT, SO AS TO RENAME THE DISTRICT; AND TO AMEND SECTION 51-13-520, RELATING TO POWERS OF THE COMMISSION SO AS TO PROVIDE FOR ADDITIONAL POWERS.

(R408) S. 1098 -- Senators Lourie, Giese and Passailaigue: AN ACT 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.

(R409) S. 1484 -- Senators J. Verne Smith, Leatherman, Stilwell, Mitchell, Drummond, Macaulay, McConnell, Peeler, Thomas, Russell, Reese and Courtney: A JOINT RESOLUTION TO PROVIDE THAT FOR FISCAL YEAR 1992-93 ONLY, THE FIRST TWENTY MILLION DOLLARS RATHER THAN THE FIRST TEN MILLION DOLLARS IN SHIMS TAX REVENUES MUST BE CREDITED TO THE ECONOMIC DEVELOPMENT ACCOUNT AND USED FOR A SPECIAL ECONOMIC DEVELOPMENT PROJECT AND TO PROVIDE THAT, IF THE ADDITIONAL REVENUES ARE NOT NEEDED FOR THE PROJECT, THE TEN MILLION DOLLARS REVERT TO THE SHIMS FUND.

(R410) S. 379 -- Senator Mullinax: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-79-145 SO AS TO PROVIDE THAT PERSONS OR BUSINESSES LICENSED UNDER THE PROVISIONS OF CHAPTER 79 OF TITLE 40 (REGULATION OF BURGLAR ALARM SYSTEM BUSINESSES) ON THE EFFECTIVE DATE OF THIS SECTION ARE AUTHORIZED TO PARTICIPATE IN THE FIRE ALARM BUSINESS WITHOUT PASSING AN ADDITIONAL EXAMINATION OR PAYING AN ADDITIONAL FEE; TO AMEND SECTION 40-11-20, RELATING TO THE STATE LICENSING BOARD FOR CONTRACTORS, SO AS TO ADD ONE ADDITIONAL MEMBER TO THE BOARD WHO SHALL HAVE AS THE LARGER PART OF HIS BUSINESS THE INSTALLATION, SERVICING, OR RESPONDING TO BURGLAR OR FIRE ALARM SYSTEMS, OR BOTH; TO AMEND SECTION 40-11-70, AS AMENDED, RELATING TO MEETINGS OF THE STATE LICENSING BOARD FOR CONTRACTORS, SO AS TO INCREASE FROM FOUR TO FIVE THE NUMBER OF MEMBERS WHICH CONSTITUTE A QUORUM; TO AMEND SECTION 40-11-240, RELATING TO THE AUTHORITY OF THE STATE LICENSING BOARD FOR CONTRACTORS TO REVOKE THE BIDDER'S OR CONTRACTOR'S LICENSE OF A GENERAL OR MECHANICAL CONTRACTOR FOUND GUILTY OF ANY FRAUD OR DECEIT IN OBTAINING A LICENSE, OR OF GROSS NEGLIGENCE OR INCOMPETENCE IN THE PRACTICE OF HIS PROFESSION, SO AS TO AUTHORIZE THE BOARD TO REVOKE A CONTRACTOR'S LICENSE FOR SUBSTANDARD WORK, GROSS NEGLIGENCE, OR INCOMPETENCE WITH RESPECT TO THE INSTALLATION OF FIRE OR BURGLAR ALARM SYSTEMS; TO AMEND SECTION 40-11-260, AS AMENDED, RELATING TO THE AUTHORITY OF THE STATE LICENSING BOARD FOR CONTRACTORS TO REISSUE A LICENSE TO ANY PERSON WHOSE LICENSE HAS BEEN REVOKED, SO AS TO INCREASE FROM FOUR TO FIVE THE NUMBER OF MEMBERS OF THE BOARD REQUIRED TO VOTE TO REISSUE A LICENSE; AND TO AMEND SECTION 40-79-10 AND SECTIONS 40-79-30, 40-79-50, AND 40-79-140, ALL AS AMENDED, ALL RELATING TO THE "SOUTH CAROLINA REGULATION OF BURGLAR ALARM SYSTEM BUSINESSES ACT OF 1986", SO AS TO INCLUDE FIRE ALARM SYSTEM BUSINESSES WITHIN THE REGULATION AND LICENSING PROVISIONS OF THE ACT.

(R411) S. 1388 -- Senator Land: AN ACT TO AMEND SECTION 4-9-155, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STANDARDS OF THE ANNUAL AUDIT OF THE OFFICES OF COUNTY ASSESSOR, AUDITOR, TREASURER, AND TAX COLLECTOR, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS SECTION ARE APPLICABLE FOR TAX YEARS BEGINNING AFTER DECEMBER 31, 1992; TO AMEND SECTION 12-4-310, AS AMENDED, RELATING TO MANDATED POWERS AND DUTIES OF THE TAX COMMISSION, SO AS TO PROVIDE FOR DISCLOSURE OF NET TAXABLE SALES TO AUTHORITIES OF A COUNTY OR MUNICIPALITY; TO AMEND SECTION 12-4-730, RELATING TO DECLARATION AND CERTIFICATION OF EXEMPTIONS AND VOIDING OF TAX NOTICES BY AUDITORS, SO AS TO CHANGE CERTAIN REFERENCES IN THE SECTION; TO AMEND SECTION 12-7-20, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE INCOME TAX, SO AS TO REVISE THE REFERENCE DATE IN THE DEFINITION OF "INTERNAL REVENUE CODE"; TO AMEND SECTION 12-7-640, RELATING TO NET INCOME OF PUBLIC SERVICE CORPORATIONS, SO AS TO PROVIDE FOR THE APPORTIONMENT OF INCOME DERIVED FROM THE OPERATION OF A SHIPPING LINE; TO AMEND SECTIONS 12-7-1510, 12-7-1640, AS AMENDED, 12-19-20, AS AMENDED, 12-19-150, 33-31-50, AND 33-35-50, RELATING TO PERSONS REQUIRED TO FILE TAX RETURNS, SO AS TO ELIMINATE THE FILING REQUIREMENTS OF EXEMPT ORGANIZATIONS EXCEPT WHERE TAX ON UNRELATED BUSINESS INCOME IS DUE; TO REPEAL SECTION 33-35-150, RELATING TO ANNUAL REPORTS OF CERTAIN NONPROFIT CORPORATIONS; TO AMEND SECTION 12-7-1675, AS AMENDED, RELATING TO FAILURE TO FILE TAX RETURNS, SO AS TO ALLOW THE COMMISSION TO ISSUE ASSESSMENTS AGAINST CORPORATIONS THAT HAVE BEEN ADMINISTRATIVELY DISSOLVED YET CONTINUE TO FILE RETURNS; TO AMEND SECTIONS 12-7-1680, 12-9-670, AND 12-54-240, AS AMENDED, RELATING TO COLLECTION AND ENFORCEMENT PROCEDURES, SO AS TO CHANGE THE RECORDS RETENTION SCHEDULES TO SIX YEARS; TO AMEND SECTIONS 12-7-2415 AND 12-7-2416, RELATING TO TAX CHECK-OFFS FOR WILDLIFE AND THE CHILDREN'S TRUST FUND RESPECTIVELY, SO AS TO RESTRICT SUCH CHECK-OFFS TO INDIVIDUAL INCOME TAX RETURNS ONLY; TO AMEND SECTION 12-9-310, AS AMENDED, RELATING TO INCOME TAX WITHHOLDING, SO AS TO FURTHER PROVIDE FOR EXEMPTIONS FROM THE WITHHOLDING REQUIREMENTS; TO AMEND SECTION 12-9-420, RELATING TO THE LIABILITY OF A WITHHOLDING AGENT FOR FAILING TO WITHHOLD OR PAY THE TAX DUE, SO AS TO DEFINE WITHHOLDING AGENT; TO AMEND SECTION 12-16-20, RELATING TO THE ESTATE TAX, SO AS TO REVISE THE REFERENCE DATE IN THE DEFINITION OF "INTERNAL REVENUE CODE"; TO AMEND THE 1976 CODE, BY ADDING SECTION 12-21-2575 SO AS TO ALLOW FOR OTHER METHODS OF ACCOUNTING FOR ADMISSIONS OTHER THAN TICKETS; TO AMEND SECTION 12-21-2720, AS AMENDED, RELATING TO LICENSES FOR COIN-OPERATED DEVICES OR MACHINES, SO AS TO EXEMPT FROM THE COIN-OPERATED DEVICE LICENSES AND TAXES CERTAIN MACHINES SUBJECT TO THE ADMISSIONS TAX; TO AMEND SECTION 12-31-420, RELATING TO CALCULATING THE AMOUNT OF FUEL USED BY A MOTOR CARRIER, SO AS TO REVISE THE METHOD OF CALCULATING AMOUNTS OF FUEL USED; TO AMEND SECTIONS 12-36-120, 12-36-910, 12-36-920, 12-36-930, 12-36-2120, AS AMENDED, 12-36-2560, AND 12-36-2650, RELATING TO THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO MAKE TECHNICAL CORRECTIONS; TO AMEND THE 1976 CODE BY ADDING SECTIONS 12-36-560, 12-36-570, 12-36-1730, 12-36-1740, 12-36-2660, AND 12-36-2670, SO AS TO PROVIDE CRIMINAL AND CIVIL PENALTIES FOR VIOLATIONS RELATING TO RETAIL LICENSES AND THE CASUAL EXCISE TAX, TO PROVIDE FOR ENFORCEMENT, AND AUTHORIZE THE MEMBERS OF THE TAX COMMISSION OR THEIR DESIGNEES TO ADMINISTER OATHS OR TAKE ACKNOWLEDGMENTS; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO EXEMPTIONS FROM AD VALOREM TAXATION, SO AS TO FURTHER PROVIDE FOR THE EXEMPTION OF FACILITIES OR EQUIPMENT FOR POLLUTION CONTROL, TO REQUIRE CERTAIN NOTIFICATION TO THE TAX COMMISSION RATHER THAN THE COUNTY AUDITOR, TO DEFINE NONPROFIT HOUSING CORPORATIONS AND ENSURE THAT PROPERTY IS USED EXCLUSIVELY FOR THE ELDERLY AND HANDICAPPED, AND TO EXEMPT ALL INVENTORY FROM THE TAX WITHOUT REFERENCE TO A SPECIFIED EFFECTIVE DATE; TO AMEND SECTION 12-37-2650, AS AMENDED, RELATING TO ISSUANCE OF TAX NOTICES FOR VEHICLES, SO AS TO INFORM TAXPAYERS OF THEIR APPEAL RIGHTS WHEN THEIR PERSONAL PROPERTY IS ASSESSED BY THE COUNTY AUDITOR IN ACCORDANCE WITH TAX COMMISSION REGULATIONS; TO AMEND SECTION 12-39-180, RELATING TO PROPERTY TAX, SO AS TO PROVIDE FOR A UNIFORM MINIMAL ASSESSMENT; TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO CLASSIFICATION OF PROPERTY AND ASSESSMENT RATIOS FOR PURPOSES OF PROPERTY TAXES, SO AS TO EXTEND THE TIME FOR FILING FOR THE FOUR PERCENT RATIO APPLICABLE TO AN OWNER-OCCUPIED LEGAL RESIDENCE FROM MAY FIRST OF THE FIRST TAX YEAR FOR WHICH THE ASSESSMENT IS CLAIMED TO ANY TIME BEFORE THE FIRST PENALTY DATE FOR TAXES DUE FOR THE FIRST TAX YEAR FOR WHICH THE ASSESSMENT IS CLAIMED, TO REVISE THE DATE FOR THE PUBLISHING OF NOTICES, AND TO MAKE THE EXTENDED DATE APPLY FOR TAX YEARS BEGINNING AFTER 1990; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-335 SO AS TO PROVIDE FOR THE MANNER IN WHICH THE COMMISSION SHALL ASSESS THE PROPERTY OF MERCHANTS AND RELATED BUSINESSES; TO AMEND SECTION 12-47-70, AS AMENDED, RELATING TO THE ABATEMENT OR REFUND OF INCURRED PROPERTY TAXES, SO AS TO PROVIDE A REFUND PERIOD OF THREE YEARS FROM THE DATE THE TAXES COULD HAVE BEEN PAID WITHOUT A LATE PAYMENT PENALTY; TO AMEND SECTION 12-54-80, AS AMENDED, RELATING TO COLLECTION AND ENFORCEMENT PROCEDURES, SO AS TO REVISE THE MANNER IN WHICH THE SIX-YEAR STATUTE OF LIMITATIONS FOR UNDERREPORTED TAXES MAY BE ADMINISTERED; TO AMEND SECTION 12-54-225, RELATING TO THE AUTHORITY OF THE COMMISSION TO ENTER INTO AGREEMENTS WITH OTHER STATES FOR THE MUTUAL EXCHANGE OF TAX INFORMATION, SO AS TO MAKE IT POSSIBLE FOR THE COMMISSION TO COMPLY WITH THE LAW IF INFORMATION EXCHANGED WITH OTHER STATES IS MISUSED; TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO DISCLOSURE OF RECORDS OF AND REPORTS AND RETURNS FILED WITH THE TAX COMMISSION BY EMPLOYEES AND AGENTS OF THE COMMISSION AND STATE AUDITOR'S OFFICE PROHIBITED, SO AS TO PROVIDE FOR CERTAIN ADDITIONAL EXCEPTIONS; TO AMEND SECTION 12-54-420, AS AMENDED, RELATING TO THE SETOFF DEBT COLLECTION ACT, SO AS TO ALLOW POLITICAL SUBDIVISIONS TO PARTICIPATE; TO AMEND SECTION 27-18-20, RELATING TO CHECKS OR DRAFTS MAILED TO AN OWNER AND RETURNED UNDELIVERABLE OR NOT PRESENTED FOR PAYMENT, SO AS TO DEFINE UNCLAIMED PROPERTY FOR PURPOSES OF THE SECTION; TO REPEAL SECTION 11-5-110, RELATING TO THE WRITING-OFF OF UNPAID CHECKS BY THE STATE TREASURER; TO AMEND SECTION 33-15-300, RELATING TO EQUAL TREATMENT FOR FOREIGN AND DOMESTIC CORPORATIONS FOR ADMINISTRATIVE CLOSINGS, SO AS TO INCLUDE FAILURE TO PAY INCOME TAXES AS A REASON FOR A CORPORATION TO BE DISSOLVED; 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 BINGO REVENUE MUST BE DISTRIBUTED; TO PROVIDE THAT FOR THE CALENDAR YEAR OF 1992, PERSONNEL FROM THE ASSESSOR'S OFFICE AND THE PROPERTY DIVISION WILL NOT BE REQUIRED TO ATTEND PRESCRIBED COURSES THE CALENDAR YEAR OF 1992 IF THEY HAVE TAKEN AT LEAST TWO REQUIRED COURSES DURING THE 1991 CALENDAR YEAR; TO ADD SECTION 4-1-175 SO AS TO AUTHORIZE A COUNTY OR MUNICIPALITY TO ISSUE SPECIAL SOURCE REVENUE BONDS AS PROVIDED IN SECTION 4-29-68 AND TO PROVIDE FOR THE MANNER IN WHICH SUCH REVENUES MAY BE PLEDGED AND FOR THE MANNER IN WHICH CONSTITUTIONAL DEBT LIMITATIONS OF THE POLITICAL SUBDIVISION SHALL BE CALCULATED; TO ADD SECTION 4-29-68 SO AS TO AUTHORIZE A COUNTY OR MUNICIPALITY RECEIVING REVENUES FROM A PAYMENT IN LIEU OF TAXES TO ISSUE SPECIAL SOURCE REVENUE BONDS UNDER CERTAIN CONDITIONS; TO AMEND SECTION 4-1-170, RELATING TO COUNTIES JOINTLY DEVELOPING INDUSTRIAL PARKS WITH OTHER COUNTIES, SO AS TO FURTHER PROVIDE FOR THE ALLOCATION OF ASSESSED VALUE OF PROPERTY WITHIN THE PARK TO PARTICIPATING COUNTIES AND THE TAXING ENTITIES WITHIN THESE COUNTIES; TO AMEND SECTION 4-29-67, RELATING TO FEES IN LIEU OF TAXES, SO AS TO REVISE THE MANNER IN WHICH AND CONDITIONS UNDER WHICH FEES IN LIEU OF TAXES ARE AUTHORIZED; TO AMEND SECTION 4-29-80, RELATING TO ADDITIONAL POWERS OF THE GOVERNING BODIES OF COUNTIES AND MUNICIPALITIES IN REGARD TO INDUSTRIAL DEVELOPMENT PROJECTS, SO AS TO FURTHER PROVIDE FOR THESE POWERS; TO PROVIDE FOR THE METHOD TO BE USED FOR CALCULATING FEES IN LIEU OF TAXES IN CONNECTION WITH A WRITTEN AGREEMENT BETWEEN A COUNTY AND AN INVESTOR EXECUTED IN GOOD FAITH PRIOR TO MARCH 15, 1992; TO ADD SECTION 12-23-815 SO AS TO PROVIDE FOR THE MANNER IN WHICH THE TAX COMMISSION SHALL ISSUE ASSESSMENTS FOR HOSPITAL TAXES; AND TO AMEND SECTION 12-23-830, RELATING TO PAYMENT OF HOSPITAL TAXES, SO AS TO FURTHER PROVIDE FOR SUCH PAYMENT.

(R412) H. 4622 -- Rep. Stoddard: AN ACT TO AMEND ACT 171 OF 1967, AS AMENDED, RELATING TO LAURENS COUNTY SCHOOL DISTRICTS FIFTY-FIVE AND FIFTY-SIX AND THE ANNUAL OPERATING BUDGETS AND TAX LEVY THEREFOR, SO AS TO REVISE THE AUTHORIZED ANNUAL TAX LEVIES, AND TO PROVIDE FOR A SPECIFIED USE OF CERTAIN OF THE MILLAGE LEVIED IN 1992 FOR SCHOOL DISTRICT FIFTY-FIVE.

(R413) H. 4480 -- Reps. Carnell, McAbee, Boan, J.W. Johnson and Foster: AN ACT TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO REALLOCATE AND REDUCE EXISTING BOND AUTHORIZATIONS, AUTHORIZE THE ISSUANCE OF ADDITIONAL BONDS, AUTHORIZE THE STATE TREASURER TO TRANSFER AN AMOUNT NECESSARY FROM THE FUNDS OF THE VARIOUS STATE RETIREMENT SYSTEMS FOR USE TO PURCHASE OR BUILD SUITABLE OFFICE SPACE FOR THE RETIREMENT DIVISION OF THE STATE BUDGET AND CONTROL BOARD, TO PROVIDE THAT THE PURCHASE MUST CONFORM TO APPLICABLE LAWS, REGULATIONS, AND POLICIES GOVERNING ACQUISITION, TO PROVIDE THAT IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT STATE CAPITAL IMPROVEMENT BONDS MAY NOT BE AUTHORIZED IN 1993, AND INCREASE THE AGGREGATE PRINCIPAL INDEBTEDNESS TO REFLECT THE ADDITIONAL CAPITAL IMPROVEMENT BONDS AUTHORIZED PURSUANT TO THE PROVISIONS OF THIS ACT.

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

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

H. 4710 -- Rep. Cato: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON MARCH 31, 1992, AND APRIL 1, 1992, BY THE STUDENTS OF THE TRAVELERS REST ELEMENTARY SCHOOL IN THE GREENVILLE COUNTY SCHOOL DISTRICT BECAUSE OF THE CONDEMNATION OF THE SCHOOL BUILDING ARE EXEMPT FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

(By prior motion of Senator J. VERNE SMITH)

H. 4280 -- Rep. Snow: A BILL TO AMEND SECTION 46-26-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CITE FOR THE AGRICULTURAL LIMING MATERIALS ACT, SO AS TO PROVIDE FOR IT TO BE ADMINISTERED BY THE CROP PEST COMMISSION INSTEAD OF THE CLEMSON UNIVERSITY BOARD OF TRUSTEES; SECTION 46-26-20, RELATING TO DEFINITIONS IN THE ACT, SO AS TO DEFINE THE DIRECTOR OF REGULATORY AND PUBLIC SERVICE PROGRAMS, CLEMSON UNIVERSITY, AND THE DIVISION OF REGULATORY AND PUBLIC SERVICE PROGRAMS, CLEMSON; AND SECTION 46-26-30, RELATING TO THE DELEGATION OF DUTIES TO THE FERTILIZER BOARD OF CONTROL BY THE BOARD OF TRUSTEES, SO AS TO PROVIDE FOR THE COMMISSION TO DELEGATE THE DUTIES TO THE DIRECTOR WHO MAY ADMINISTER AND ENFORCE THIS CHAPTER AND RELATED REGULATIONS; AND TO DIRECT THE CODE COMMISSIONER TO CHANGE THE REFERENCES TO "BOARD" TO "COMMISSION".

H. 4282 -- Rep. Snow: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-25-45 SO AS TO PROVIDE FOR THE CROP PEST COMMISSION TO DELEGATE DUTIES TO THE DIRECTOR OF REGULATORY AND PUBLIC SERVICE PROGRAMS, CLEMSON; AND TO AMEND SECTION 46-25-20, AS AMENDED, RELATING TO DEFINITIONS PERTAINING TO FERTILIZERS, SO AS TO DELETE THE DEFINITION OF THE BOARD OF TRUSTEES OF CLEMSON UNIVERSITY AND DEFINE THE COMMISSION, DIRECTOR, AND DIVISION OF REGULATORY AND PUBLIC SERVICE PROGRAMS, CLEMSON.

H. 4283 -- Rep. Snow: A BILL TO AMEND CHAPTER 9, TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE CROP PEST COMMISSION, SO AS TO ADD SECTIONS 46-9-15 AND 46-9-110 AND REVISE THE CURRENT DUTIES AND RESPONSIBILITIES OF THE COMMISSION TO PROVIDE A UNIFORM COMPREHENSIVE REGULATION OF SUBJECT MATTER ASSIGNED BY LAW TO IT BY REVISING THE MEMBERSHIP AND DUTIES, DEFINING TERMS, PROVIDING FOR CONFIDENTIAL INFORMATION, DETAILING THE DIRECTOR'S AUTHORITY, AND REVISING PENALTIES.

H. 4094 -- Reps. P. Harris, Waldrop and Neilson: 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.

H. 4103 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND SECTION 44-20-375, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREATION OF COUNTY MENTAL RETARDATION BOARDS BY COUNTY ORDINANCE, SO AS TO CLARIFY THAT THE APPOINTMENT PROCESS RATHER THAN THE APPOINTING AUTHORITY EXISTING ON JANUARY 1, 1991, MUST BE PRESERVED IN THE ORDINANCE AND PROVIDE EXCEPTIONS.

H. 4104 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND SECTION 44-15-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHMENT AND APPOINTMENT OF COMMUNITY MENTAL HEALTH BOARDS, SO AS TO PROVIDE THAT CONSIDERATION MUST BE GIVEN TO CONSUMER AND FAMILY REPRESENTATION WHEN RECOMMENDING AND APPOINTING MEMBERS TO THE BOARD.

H. 4399 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOFT DRINK BOTTLING PLANTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1443, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4485 -- Rep. Waldrop: A JOINT RESOLUTION TO PROVIDE THAT THE MEMBERS OF THE BOARD OF EXAMINERS FOR NURSING HOME ADMINISTRATORS AND COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS BEGIN TO SERVE UPON APPOINTMENT BUT THAT THE TIME FOR CALCULATING THEIR INITIAL STAGGERED TERMS DOES NOT BEGIN TO RUN UNTIL ALL MEMBERS OF THE BOARD ARE APPOINTED; TO PROVIDE THAT CERTAIN MEMBERS OF THE NURSING HOME ADMINISTRATORS BOARD SHALL SERVE AS EX OFFICIO MEMBERS OF THIS BOARD; TO PROVIDE THAT UNTIL REGULATIONS ARE PROMULGATED BY THIS BOARD, NURSING HOME ADMINISTRATORS SHALL MEET LICENSING STANDARDS AS PROVIDED FOR BY LAW PRIOR TO THE CREATION OF THIS BOARD AND THAT COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS MAY NOT BE LICENSED UNDER ACT 605 OF 1990; TO PROVIDE FOR A TEMPORARY FEE SCHEDULE FOR NURSING HOME ADMINISTRATORS AND TO REQUIRE COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS TO OBTAIN TEMPORARY LICENSES AND TO SET THE FEE FOR THIS TEMPORARY LICENSE.

(By prior motion of Senator J. VERNE SMITH, with unanimous consent)

H. 4577 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF NURSING, RELATING TO FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1454, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 4038 -- Rep. Rhoad: A BILL TO AMEND ACT 1090 OF 1972, RELATING TO MEMBERSHIP OF THE BOARD OF TRUSTEES OF BAMBERG-ERHARDT COUNTY SCHOOL DISTRICT ONE AND DENMARK-OLAR SCHOOL DISTRICT NUMBER TWO IN BAMBERG COUNTY, SO AS TO PROVIDE AN INCREASE IN THE NUMBER OF TRUSTEES FOR EACH DISTRICT; TO PROVIDE FOR THEIR ELECTION BY SINGLE MEMBER ELECTION DISTRICTS; TO PROVIDE THAT THE SCHOOL TAX LEVY FOR GENERAL OPERATING PURPOSES FOR EACH SCHOOL DISTRICT MUST BE DETERMINED BY THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT AND PROVIDE THAT THE LEVY MAY NOT BE INCREASED MORE THAN THREE MILLS FROM THE PREVIOUS FISCAL YEAR UNLESS THE INCREASE IS APPROVED BY A REFERENDUM; TO ABOLISH THE BAMBERG COUNTY BOARD OF EDUCATION AND THE OFFICE OF SUPERINTENDENT OF EDUCATION; AND TO REPEAL ACT 513 OF 1982, ACT 237 OF 1979, AND SECTIONS 1 AND 2 OF ACT 1090 OF 1972, RELATING TO THE BAMBERG COUNTY BOARD OF EDUCATION.

(By prior motion of Senator MATTHEWS)

H. 3364 -- Reps. Kirsh, Huff, Klapman, Beasley, L. Martin, Foster, Rama, Wilkins and R. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 118 TO TITLE 59, SO AS TO ENACT THE SOUTH CAROLINA PREPAID POSTSECONDARY EDUCATION EXPENSE PROGRAM; TO ESTABLISH THE SOUTH CAROLINA PREPAID POSTSECONDARY EDUCATION EXPENSE BOARD TO IMPLEMENT THE PROGRAM; AND TO REQUIRE THE BOARD TO OBTAIN RULINGS FROM THE INTERNAL REVENUE SERVICE AND THE SECURITIES AND EXCHANGE COMMISSION WITH RESPECT TO THE PROGRAM AND TO REQUIRE THE INFORMATION TO BE PROVIDED TO PARTICIPANTS.

H. 4256 -- Rep. Kirsh: A BILL TO AMEND SECTION 40-47-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR RESPIRATORY CARE PRACTITIONERS, SO AS TO DELETE THE REQUIREMENT OF GOOD MORAL CHARACTER, PROHIBIT CERTIFICATION OF PERSONS CONVICTED OF A FELONY OR CRIME INVOLVING MORAL TURPITUDE, AND DELETE REDUNDANT LANGUAGE; AND TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA RESPIRATORY CARE COMMITTEE FOR SIX YEARS.

H. 4505 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 1-23-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPROVAL OF REGULATIONS BY THE GENERAL ASSEMBLY, AND SECTION 41-15-220, RELATING TO THE PROMULGATION OF REGULATIONS BY THE DEPARTMENT OF LABOR, SO AS TO EXEMPT CERTAIN REGULATIONS OF THE DEPARTMENT FROM THE REQUIREMENTS OF THE ADMINISTRATIVE PROCEDURES ACT.

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

S. 1510 -- Senator Russell: A BILL TO PROVIDE THAT THE MEMBERS OF THE SPARTANBURG MEMORIAL AUDITORIUM COMMISSION MUST BE APPOINTED BY THE SPARTANBURG COUNTY COUNCIL PURSUANT TO SECTION 4-9-170 OF THE 1976 CODE.

(By prior motion of Senator RUSSELL)

S. 1519 -- Senator Rose: A BILL TO AMEND ACT 267 OF 1987, RELATING TO THE PREPARATION OF BUDGETS FOR DORCHESTER COUNTY SCHOOL DISTRICTS, SO AS TO PROVIDE THAT DORCHESTER COUNTY SCHOOL DISTRICTS 2 AND 4 MAY SET THEIR OPERATING BUDGETS UP TO THE REVENUE REQUIREMENTS OF THE EDUCATION FINANCE ACT AND THE EDUCATION IMPROVEMENT ACT, AND THAT ANY INCREASE REQUIRES THE APPROVAL OF DORCHESTER COUNTY COUNCIL; AND TO ALLOW DORCHESTER COUNTY SCHOOL DISTRICTS 2 AND 4 TO MAINTAIN A LIMITED CASH RESERVE AND TO PROVIDE THE METHOD OF CALCULATING AN INCREASE IN THE TAX MILLAGE.

(By prior motion Senator ROSE)

S. 1138 -- Senator Giese: A BILL TO AMEND SECTION 40-43-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF PRESCRIPTION DRUGS, SO AS TO ALSO REQUIRE A PRESCRIPTION FOR THE SALE OF CERTAIN DEVICES USED IN DIAGNOSIS AND TREATMENT AND TO PROVIDE REQUIREMENTS FOR AN EMERGENCY REFILL OF A PRESCRIPTION DRUG.

S. 1285 -- Senators Nell W. Smith, Matthews, Setzler, Russell, Mullinax, Macaulay, Moore, Courson, Patterson and Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-35 SO AS TO ESTABLISH THE COLLABORATION COUNCIL FOR CHILDREN TO PROVIDE A MECHANISM FOR PLANNING, COORDINATING, AND ENHANCING SERVICES TO CHILDREN CONCERNING THE MENTAL, PHYSICAL, SOCIAL, VOCATIONAL, ECONOMIC, AND EDUCATIONAL ASPECTS OF THEIR LIVES.

S. 1361 -- Senators Giese, Reese and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 38, TITLE 44 SO AS TO ENACT THE SOUTH CAROLINA HEAD AND SPINAL CORD INJURY INFORMATION SYSTEM ACT ESTABLISHING THE SOUTH CAROLINA HEAD AND SPINAL CORD INJURY INFORMATION SYSTEM WHICH CREATES A CENTRAL INFORMATION SURVEILLANCE AND REGISTRY SYSTEM, BY ESTABLISHING A COUNCIL TO THE SYSTEM, TO PROVIDE FOR THE MEMBERS OF THE COUNCIL AND TO PROVIDE FOR THEIR POWERS AND DUTIES, TO REQUIRE REPORTING OF CERTAIN PATIENT INFORMATION RELATED TO HEAD AND SPINAL CORD INJURIES, TO PROVIDE FOR CONFIDENTIALITY AND PROCEDURES FOR OBTAINING RELEASE OF INFORMATION AND CONSENT, TO PROVIDE PENALTIES, TO PROVIDE FOR AN IMPLEMENTATION DATE, TO PROVIDE FOR THE TEMPORARY PLACEMENT AND STAFFING OF THE SYSTEM AT THE INTERAGENCY OFFICE OF DISABILITY PREVENTION WITHIN THE STATE DEPARTMENT OF MENTAL RETARDATION, AND TO PROVIDE THAT FUNDING FOR THE FIRST TWO YEARS MUST BE PROVIDED BY A GRANT FROM THE CENTER FOR DISEASE CONTROL RECEIVED BY THE INTERAGENCY OFFICE OF DISABILITY PREVENTION.

S. 1399 -- Senators Robert W. Hayes, Jr., Holland, McConnell, Bryan, Moore, Wilson, Russell, Mullinax, Leventis, Giese, Thomas, Rose, Courtney, McGill and Martschink: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 73 TO TITLE 39 SO AS TO PROVIDE FOR THE STATE COMMODITY CODE.

S. 1516 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF MEDICAL EXAMINERS, RELATING TO PRINCIPLES OF MEDICAL ETHICS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1382, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 1517 -- Medical Affairs Committee: A JOINT RESOLUTION TO DIRECT THE STATE BOARD OF MEDICAL EXAMINERS TO PROMULGATE REGULATIONS SPECIFYING THE CRITERIA FOR PHYSICIAN SUPERVISION OF NURSE PRACTITIONERS AND TO SUBMIT THESE REGULATIONS FOR GENERAL ASSEMBLY REVIEW BY JANUARY 12, 1993.

Senator BRYAN explained the Joint Resolution.

S. 1523 -- Senators Fielding, Gilbert, Matthews, Mitchell, Patterson, Washington and Williams: A BILL TO AMEND SECTION 59-127-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF SOUTH CAROLINA STATE COLLEGE, SO AS TO REFLECT THE NAME OF THE COLLEGE TO UNIVERSITY, TO INCREASE THE NUMBER OF MEMBERS TO THIRTEEN, TO REDUCE THE TERM OF THE MEMBERS, AND TO PROVIDE FOR THEIR ELECTION.

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

S. 1474 -- Senators McConnell, Leventis and Rose: A BILL TO AMEND SECTION 47-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRUELTY TO ANIMALS, ILL-TREATMENT OF ANIMALS GENERALLY, AND CERTAIN PENALTIES, SO AS TO EXTEND APPLICATION OF CERTAIN PROVISIONS OF THE SECTION TO ALL OFFENDING PERSONS, INCREASE THE PENALTIES, AND PROVIDE THAT A FIRST OFFENSE VIOLATION SHALL BE TRIED IN MAGISTRATE'S COURT, TO INCREASE AND TO CHANGE THE PENALTY FOR A PERSON WHO TORTURES, TORMENTS, NEEDLESSLY MUTILATES, CRUELLY KILLS, OR INFLICTS EXCESSIVE OR REPEATED UNNECESSARY PAIN OR SUFFERING UPON ANY ANIMAL OR CAUSES THESE ACTS TO BE DONE, AND TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO ACTIVITY AUTHORIZED BY TITLE 50 (FISH, GAME, AND WATERCRAFT).

S. 1496 -- Senator McGill: A BILL TO AMEND SECTION 46-41-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEALERS OF AGRICULTURAL PRODUCTS, SO AS TO ALLOW SUCH DEALERS TO DELIVER EQUIVALENT SECURITY IN THE AMOUNT OF TWENTY-FIVE THOUSAND DOLLARS IN LIEU OF A SURETY BOND IN THE AMOUNT OF TWENTY-FIVE THOUSAND DOLLARS.

S. 1012 -- Senator McConnell: A BILL TO AMEND SECTION 20-7-650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF LOCAL CHILD PROTECTIVE AGENCIES, SO AS TO PROVIDE FOR JUDICIALLY DETERMINED REPORTS INSTEAD OF INDICATED INVESTIGATIONS OF CHILD ABUSE AND NEGLECT TO BE COMMUNICATED TO THE STATEWIDE CENTRAL REGISTRY, DELETE THE PROVISIONS FOR A LOCAL REGISTRY AND REPORTS OF CHILD ABUSE, AND PROVIDE FOR THE DESTRUCTION OF NAMES, ADDRESSES, BIRTH DATES, AND OTHER IDENTIFYING CHARACTERISTICS OF PERSONS NAMED IN JUDICIALLY DETERMINED INSTEAD OF INDICATED REPORTS OF CHILD ABUSE AND NEGLECT.

The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 1, previously proposed by Senator ROSE (RES1012.01).

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

/SECTION . Chapter 63, Title 44 of the 1976 Code is amended by adding:

"Section 44-63-75. All forms for birth certificates must include the social security numbers of the child's mother and father, if known. Information contained on the birth certificate form is not determinate of paternity."/

Renumber sections to conform.

Amend title to conform.

Senator ROSE explained the amendment.

Senator ROSE moved that the amendment be adopted.

The amendment was adopted.

Senators MULLINAX and NELL W. SMITH proposed the following Amendment No. 2 (RES1012.02), which was adopted:

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

/SECTION . Section 20-7-2115 of the 1976 Code is amended to read:

"The Parole Board shall employ a Director of Parole and other staff as may be necessary to carry out the parole examinations, victim liaison, and functions of the conduction of revocation hearings. The Director of Parole and other staff shall be employees of the board and shall be directly responsible to the board for all job-related functions. The Director of Parole shall serve at the pleasure of the board. Funds allocated for the provision of the functions designated herein shall be incorporated as a line item within the Department of Youth Services section of the annual general appropriation act are subject to control of the board. Funds appropriated for use by the board in the annual general appropriation act or in any supplemental appropriation shall be administered by the board in a manner consistent with state law and regulations, and any transfer of funds within the board account or between the board and the department must be approved by the board.

The Department department shall be charged with the responsibility of making aftercare investigations to determine suitable placement for children considered for conditional release from the correctional schools. The Department department shall also have the responsibility of supervising the aftercare program, making revocation investigations and submitting findings to the Parole Board board.

The Commissioner commissioner, Director of Parole, and such staff as he shall designate shall be designated in the performance of their duties of investigation, counseling and supervision, and revocation investigations, shall be regarded as official representatives of the Parole Board board.

The Commissioner commissioner, Director of Parole, and counsels shall be subject to the rules and regulations for parole and parole revocation promulgated by the Parole Board board and shall meet with the Parole Board board at its meetings when requested. Community-based counselors, or their supervisors, with assigned clients committed to institutions of the Department department shall periodically visit the institutions in order to counsel their clients and accomplish such duties as outlined in this subarticle.

Employees of the Department department that serve as counselors for the purpose of presenting juvenile progress reports and release recommendations to the Parole Board board and the immediate supervisor of these employees shall be employed by the Commissioner with the advice and consent of the Parole Board board. The service of these employees in such capacity shall continue at the pleasure of the Parole Board board.

The board shall exercise exclusive authority over any employees employed for the purpose of carrying out the duties and responsibilities of the board. All such employees shall have their performance evaluated on an annual basis by the board.

The Department of Youth Services shall continue to provide the budgetary, fiscal, personnel, training, information resources, and other support as may be considered necessary by the board to perform its mandated functions."/

Renumber sections to conform.

Amend title to conform.

Senator MULLINAX explained the amendment.

Senator MULLINAX moved that the amendment be adopted.

The amendment was adopted.

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

S. 1273 -- Senators Leventis, Moore, Peeler, Courtney, Drummond, O'Dell, Courson, Washington, Mullinax, Nell W. Smith, Setzler, Matthews, Saleeby, Lourie, Wilson, Robert W. Hayes, Jr., Passailaigue, Russell, Giese, Thomas, Bryan, McGill, Rose, Patterson, Fielding and Gilbert: A BILL TO ENACT THE SOUTH CAROLINA ENERGY CONSERVATION AND EFFICIENCY ACT OF 1992; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 52 TO TITLE 48 SO AS TO ESTABLISH A STATE ENERGY POLICY, TO ADOPT THE PLAN FOR THE STATE ENERGY POLICY, TO ESTABLISH THE STATE ENERGY OFFICE WITHIN THE BUDGET AND CONTROL BOARD, TO PROVIDE FOR THE POWERS AND DUTIES OF THIS OFFICE, TO ESTABLISH AN ADVISORY COUNCIL, TO REQUIRE THE STATE ENERGY OFFICE TO DEVELOP AND OVERSEE COMPLIANCE WITH ENERGY CODE STANDARDS FOR STATE GOVERNMENT BUILDINGS, TO REQUIRE STATE AGENCIES AND PUBLIC SCHOOL DISTRICTS TO SUBMIT TO THE ENERGY OFFICE FOR APPROVAL ENERGY CONSERVATION PLANS AND GOALS AND TO REQUIRE REPORTING, TO PROVIDE FOR FINANCIAL INCENTIVES TO FACILITATE THE PURCHASE OF ENERGY EFFICIENCY PRODUCTS BY STATE AGENCIES, INCLUDING AN EXCEPTION TO THE SOUTH CAROLINA PROCUREMENT CODE, TO PROVIDE THAT THE SOUTH CAROLINA ENERGY RESEARCH AND DEVELOPMENT CENTER, THE STATE ENERGY CONSERVATION PROGRAM, THE ENERGY EXTENSION SERVICE, AND THE INSTITUTIONAL CONSERVATION PROGRAMS ARE TRANSFERRED TO THE STATE ENERGY OFFICE, AND TO PROVIDE THAT PERSONNEL AND FUNDING FOR THE STATE ENERGY OFFICE MUST BE DERIVED FROM EXISTING STATE GOVERNMENT PERSONNEL SLOTS AND FINANCIAL RESOURCES AVAILABLE TO THE STATE; BY ADDING SECTION 40-29-85 SO AS TO REQUIRE THE STATE ENERGY OFFICE TO PROVIDE ENERGY EFFICIENCY STANDARDS LABELS TO THE SOUTH CAROLINA MANUFACTURED HOUSING BOARD TO BE PLACED ON MANUFACTURED HOMES; BY AMENDING SECTION 6-10-30, RELATING TO ENERGY EFFICIENCY BUILDINGS CODES, SO AS TO REVISE THE MINIMUM THERMAL RESISTANCE RATINGS IN ONE AND TWO FAMILY DWELLINGS; BY AMENDING SECTION 12-36-2110, AS AMENDED, RELATING TO THE CALCULATION OF SALES TAX ON MOBILE HOMES, SO AS TO INCREASE FROM ONE TO TWO THE PERCENTAGE FOR CALCULATING THE SALES TAX ON THE COST OF A MANUFACTURED HOME IN EXCESS OF SIX THOUSAND DOLLARS AND TO EXEMPT A HOME THAT MEETS CERTAIN ENERGY EFFICIENCY REQUIREMENTS FROM THIS TAX; BY AMENDING SECTION 40-29-240, RELATING TO VIOLATIONS AND PENALTIES FOR VIOLATIONS OF THE UNIFORM STANDARDS CODE FOR MANUFACTURED HOUSING, SO AS TO INCLUDE A VIOLATION FOR FAILURE TO PROPERLY DISPLAY THE ENERGY EFFICIENCY LABEL REQUIRED BY SECTION 40-29-85; BY ADDING SECTION 58-27-240 SO AS TO REQUIRE THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION TO ADOPT PROCEDURES AND PROVIDE INCENTIVES THAT ENCOURAGE ELECTRICAL AND GAS UTILITIES TO INVEST IN COST-EFFECTIVE ENERGY EFFICIENT TECHNOLOGIES AND ENERGY CONSERVATION PROGRAMS; BY ADDING SECTION 58-27-250 SO AS TO REQUIRE ANNUAL REPORTING TO THE GENERAL ASSEMBLY ON DEMAND-SIDE ACTIVITIES AND PURCHASING POWER OF ELECTRIC UTILITIES; BY ADDING SECTION 58-27-260 SO AS TO REQUIRE ELECTRICAL UTILITIES AND THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY TO PREPARE INTEGRATED RESOURCE PLANS; BY AMENDING SECTION 58-27-10, RELATING TO DEFINITIONS PERTAINING TO ELECTRIC UTILITIES AND ELECTRIC COOPERATIVES, SO AS TO DEFINE "DEMAND-SIDE ACTIVITIES"; BY ADDING SECTIONS 57-1-130 AND 57-1-140 SO AS TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO EXPEND ANNUALLY ONE PERCENT OF ITS TOTAL STATE APPROPRIATION ON PUBLIC TRANSPORTATION AND TO DETERMINE THE FEASIBILITY OF INCLUDING HIGH OCCUPANCY VEHICLE LANES, PEDESTRIAN WALKWAYS, AND BICYCLE PATHS IN NEW HIGHWAY CONSTRUCTION; BY AMENDING SECTION 1-11-310, RELATING TO THE STATE MOTOR VEHICLE FLEET, SO AS TO PROVIDE REQUIREMENTS FOR THE TYPES OF VEHICLES THAT MAY BE PURCHASED FOR THIS FLEET AND FOR LAW ENFORCEMENT PURPOSES; BY AMENDING SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO DELETE THE EXEMPTION FOR FUEL ETHANOL BLENDS AND TO ADD AN EXEMPTION FOR CLEAN ALTERNATIVE TRANSPORTATION FUELS; BY AMENDING SECTION 44-96-40, RELATING TO DEFINITIONS IN THE SOLID WASTE MANAGEMENT ACT, SO AS TO REVISE THE DEFINITION OF "MOTOR OIL" AND "SIMILAR LUBRICANTS"; BY AMENDING SECTION 44-96-160, RELATING TO USED OIL REQUIREMENTS, SO AS TO PROVIDE A TAX CREDIT TO A RETAILER OF MOTOR OIL WHO MAINTAINS AN OIL COLLECTION CENTER OF EIGHT CENTS A GALLON FOR OIL RETURNED TO A LICENSED USED OIL TRANSPORTER OR USED OIL RECYCLING FACILITY, TO EXEMPT A USED OIL COLLECTION CENTER FROM CERTAIN REPORTING REQUIREMENTS WHEN IT RECEIVES LESS THAN FIVE GALLONS OF OIL AT A TIME, TO REMOVE THE EIGHT-CENT TAX ON MOTOR OIL FROM WHOLESALE SALES AND PLACE ON RETAIL SALES, AND TO PROVIDE UP TO FIVE HUNDRED DOLLARS CREDIT TO RETAILERS WHO MAINTAIN A USED OIL COLLECTION CENTER FOR EQUIPMENT USED IN THE OIL COLLECTION PROCESS; BY AMENDING SECTION 48-1-10, RELATING TO DEFINITIONS IN THE POLLUTION CONTROL ACT, SO AS TO REVISE THE DEFINITION OF "SOURCE" TO INCLUDE MOTOR VEHICLES AND TO DEFINE "MOTOR VEHICLE"; BY AMENDING SECTION 58-25-30, AS AMENDED, RELATING TO CREATION OF A REGIONAL TRANSPORTATION AUTHORITY, SO AS TO PROVIDE THAT A REFERENDUM IS NOT REQUIRED UNLESS A NEW SOURCE OF REVENUE IS IMPOSED; BY AMENDING SECTION 58-25-40, AS AMENDED, RELATING TO THE APPOINTMENT OF MEMBERS OF THE BOARD OF THE AUTHORITY, SO AS TO PROVIDE THAT THE MEMBERSHIP OF THE GOVERNING BOARD MUST BE APPORTIONED ACCORDING TO POPULATION; BY AMENDING SECTION 58-25-50, RELATING TO THE POWERS AND DUTIES OF THE AUTHORITY, SO AS TO AUTHORIZE AND DIRECT THE AUTHORITY TO COORDINATE PUBLIC TRANSPORTATION SERVICES BEING PROVIDED BY ENTITIES UTILIZING STATE FUNDS OR STATE-ADMINISTERED FUNDS; BY AMENDING SECTION 58-25-60, RELATING TO SOURCES OF FUNDING FOR THE AUTHORITY, SO AS TO AUTHORIZE ADDITIONAL SOURCES OF FUNDING; TO CREATE AN ALTERNATIVE TRANSPORTATION FUELS STUDY COMMITTEE AND TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES; TO DIRECT THE JOINT LEGISLATIVE COMMITTEE ON ENERGY TO ESTABLISH A TASK FORCE TO STUDY THE FEASIBILITY OF INCREASED PUBLIC RAIL TRANSPORTATION IN SOUTH CAROLINA; AND TO DIRECT THE DIVISION OF MOTOR VEHICLE MANAGEMENT OF THE STATE BUDGET AND CONTROL BOARD TO DETERMINE THE ABILITY TO USE ALTERNATIVE FUELS FOR THE STATE VEHICLE FLEET AND TO BEGIN USING THESE FUELS BY JUNE 1, 1993.

On motion of Senator HINDS, with unanimous consent, the Bill was taken up for immediate consideration. The question being the adoption of the amendment proposed by the Committee on Agriculture and Natural Resources.

The amendment proposed by the Committee on Agriculture and Natural Resources (BR1\2421.AC) was adopted as follows:

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

SECTION 1. This act may be cited as the South Carolina Energy Conservation and Efficiency Act of 1992.

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

Section 48-52-210. (A) It is the policy of this State to have a comprehensive state energy plan that maximizes to the extent practical environmental quality and energy conservation and efficiency, and minimizes the cost of energy throughout the State. To implement this policy there is adopted the Plan for State Energy Policy.

(B) The purpose of the plan is to:

(1) ensure access to energy supplies at the lowest practical environmental and economic cost;

(2) ensure long-term access to adequate, reliable energy supplies;

(3) ensure that demand-side options are pursued wherever economically and environmentally practical;

(4) encourage the development and use of indigenous, renewable energy resources;

(5) ensure that basic energy needs of all citizens, including low income citizens, are met;

(6) ensure that energy vulnerability to international events is minimized;

(7) ensure that energy-related decisions promote the economic and environmental well-being of the State and maximize the ability of South Carolina to attract retirees, tourists, and industrial and service-related jobs;

(8) ensure that short-term energy decisions do not conflict with long-range energy needs;

(9) ensure that internal governmental energy use patterns are consistent with the state's long-range interests;

(10) ensure that state government is organized appropriately to handle energy matters in the best public interest;

(11) ensure that governmental energy-related tax, expenditure, and regulatory policies are appropriate, and, wherever possible, maximize the long-range benefits of competition.

Section 48-52-410. There is established the State Energy Office within the State Budget and Control Board which shall serve as the principal energy planning entity for the State. Its primary purpose is to develop and implement a well-balanced energy strategy and to increase the efficiency of use of all energy sources throughout South Carolina through the implementation of the Plan for State Energy Policy. The State Energy Office must not function as a regulatory body.

Section 48-52-420. In carrying out the purposes of the Plan for State Energy Policy the State Energy Office shall:

(1) provide informational and technical assistance programs to assist with residential, commercial, governmental, industrial, and transportation conservation and efficiency, and to encourage the use of renewable and indigenous energy resources;

(2) promote continued and expanded energy research and development programs geared toward the energy needs of the State;

(3) certify and approve energy conservation products;

(4) develop and promote mechanisms for tax incentives, low-interest loans, and other financing means for cost-effective energy conservation and efficiency and use of renewable and indigenous energy resources;

(5) promote financial incentives for electric and gas utilities to maximize the use of cost-effective demand-side options in meeting future energy needs;

(6) promote the adoption and enforcement of energy efficient building codes and certification procedures for builders, heating and cooling specialists, and building inspectors;

(7) promote energy efficiency in manufactured housing;

(8) promote reduction in the need for travel, the use of less-polluting transportation fuels, public transportation and other transportation alternatives, higher mileage and less-polluting vehicles, and on-going enforcement of emissions requirements for vehicles;

(9) ensure that state government and public schools establish comprehensive energy efficiency plans and promote their becoming models for energy efficiency in South Carolina;

(10) collect currently published and publicly available energy data, provide energy information clearinghouse functions, and implement long-range energy planning;

(11) assess the public economic and environmental interest on issues related to energy production, transportation, and use and represent the public interest in appropriate forums.

Section 48-52-430. The State Energy Office shall annually submit to the Governor and Joint Legislative Committee on Energy a state energy action plan that includes, but is not limited to:

(a) activities by the State Energy Office to carry out the Plan for State Energy Policy;

(b) recommendations for long-term quantitative and qualitative energy goals for the residential, commercial industrial, transportation, governmental and utility sectors, and measures of progress for these goals;

(c) identification of obstacles to efficiency for which legislative, regulatory, or other governmental remedies are appropriate.

Section 48-52-440. There is established the Energy Advisory Committee, whose members are appointed by the State Budget and Control Board, except as provided in item (14) of this section. Members shall serve at the pleasure of the State Budget and Control Board except that those appointed pursuant to item (14) shall serve for a term coterminous with that of their appointing authority. The committee is composed as follows:

(1) two representatives of investor-owned electricity companies;

(2) two representatives of electric cooperatives;

(3) one representative of the South Carolina Public Service Authority, who shall serve ex officio;

(4) one representative of municipally-owned electric utilities;

(5) one representative of publicly-owned natural gas companies;

(6) one representative of investor-owned gas companies;

(7) one representative of oil suppliers or dealers;

(8) one representative of propane suppliers or dealers;

(9) one representative of nonprofit public transportation providers;
(10) one representative of industrial consumers;
(11) one representative of commercial consumers;
(12) two representatives of individual consumers; one must be the State Consumer Advocate or the Consumer Advocate's designee, who shall serve ex officio;
(13) two representatives of environmental groups; and
(14) three at-large members, one each appointed by the Governor, Speaker of the House of Representatives, and the President of the Senate.

The Budget and Control Board shall elect one of the committee members to serve as chairman. The members of the Energy Advisory Committee are eligible for reimbursement for travel, lodging, and meals. The functions of the Energy Advisory Committee are advisory to the State Energy Office. The committee shall meet at least annually and at the call of the chair or at the request of at least six members to receive information on the activities of the State Energy Office and the formulation and implementation of the state energy action plan. It may comment and advise on the activities and the plan as considered appropriate by members of the committee. The State Energy Office may seek advice and guidance from the committee as considered appropriate by the director of the office.

Section 48-52-450. Where possible, the State Energy Office administratively shall consolidate other offices or programs in state government related to energy, energy efficiency, and energy reliability.

Section 48-52-610. The State Energy Office shall develop energy efficient code standards for state-owned and leased buildings, including public school buildings. These standards must provide for life-cycle cost-effectiveness.

Section 48-52-620. (A) Each state agency and public school district shall submit for approval to the State Energy Office an energy conservation plan and energy conservation goals, including energy consumption goals.

(B) In order to monitor energy consumption, the State Energy Office must determine those state buildings which require individual metering. Metering must be installed by the agency, the cost of which must be borne by the agency responsible for the utility bill for the building.

(C) Each state agency and public school district shall submit periodic energy conservation reports in the manner and at such times as required by the State Energy Office.

(D) Each public school district and state agency shall submit to the State Energy Office and each state agency shall include in its annual report to the Budget and Control Board:

(1) activities undertaken implementing its energy conservation plan; and

(2) progress made in achieving its energy conservation goals.

(E) The State Energy Office shall compile the reports submitted pursuant to subsection (C) to be submitted annually, no later than December thirty-first, to the General Assembly. The State Energy Office shall provide suggested formats for plans and goals that must be submitted pursuant to subsection (A), reporting forms for reports required by subsection (C), and all technical assistance necessary for state agencies and school districts to satisfy the requirements of these subsections.

Section 48-52-630. An agency's budget must not be reduced by the amount of money saved through energy conservation measures. Appropriate financial incentives to encourage the reinvestment of energy costs savings into additional energy conservation areas must be provided. Energy savings must be divided among the agency, the general fund, and debt retirement of capital expenditures on energy efficiency. Agencies must be encouraged to reinvest their savings into energy conservation areas, where practical.

Section 48-52-640. (A) A vendor of energy conservation products making an energy conservation claim and attempting to sell to state government shall submit the product to the State Energy Office for evaluation and certification.

(B) Only energy conservation products certified by the State Energy Office may be purchased by a state agency subject to the state procurement code.

(C) All state agencies shall submit a disclaimer statement to the energy office with their annual report stating that they did not purchase any energy conservation products that had not been certified by the State Energy Office.

Section 48-52-650. The State Energy Office shall establish a mechanism for a revolving loan fund for state agencies to use for energy conservation measures. Repayment may be from the savings in the agency's utility budget.

Section 48-52-660. (A) A state agency may enter into lease purchase agreements for a duration of more than one year with vendors of energy efficiency products and utility companies. No funds disclaimer clause as provided for in Section 11-35-2030 is required in these contracts. Repayment is allowed from savings on the agency utility budget.

(B) Procurements under the South Carolina Consolidated Procurement Code for energy-using goods and facilities must be procured through competitive sealed proposals pursuant to Section 11-35-1530 with life cycle cost criteria stated as an evaluation factor that must be addressed in a proposal.

Section 48-52-670. (A) A governmental unit may enter into guaranteed energy savings contracts for a duration of more than one year with vendors of guaranteed energy savings programs. No funds disclaimer clause as provided for in Section 11-35-2030 is required in these contracts. Repayment may be made from savings on the agency utility budget.

(B) A guaranteed energy savings contract may be awarded pursuant to Section 11-35-130 if it includes a written guarantee that savings will meet or exceed the cost of energy conservation measures.

(C) For purposes of this section, `governmental unit' means a state government agency, department, institution, college, university, technical school, legislative body, or other establishment or official of the executive, judicial, or legislative branches of this State authorized by law to enter into contracts, including all local political subdivisions, including, but not limited to counties, municipalities, public school districts, or public service or special purpose districts.

(D) For purposes of this section, `guaranteed energy savings contract' means a contract for the evaluation and recommendation of energy conservation measures and for implementation of one or more of these measures. The contract must provide that all payments, except obligations on termination of the contract before its expiration, must be made over time and the energy cost savings resulting from implementation of the energy conservation measures may be used to make payments for the energy conservation systems installed pursuant to guaranteed energy savings contracts.

(E) For purposes of this section `energy conservation measure' means a training program or facility alteration designed to reduce energy consumption or operating costs, including, but not limited to:

(1) insulation of the building structure or systems within the building;

(2) storm windows or doors, caulking or weatherstripping, multiglazed windows or doors, heat absorbing or heat reflective glazed and coated window or door systems, additional glazing, reductions in glass area, or other window and door system modifications that reduce energy consumption;

(3) automated or computerized energy control systems;

(4) heating, ventilating, or air conditioning system modifications or replacements;

(5) replacement or modification of lighting fixtures to increase the energy efficiency of the lighting system without increasing the overall illumination of a facility, unless an increase in illumination is necessary to conform to the applicable state or local building code for the lighting system after the proposed modifications are made;

(6) energy recovery systems;

(7) cogeneration systems that produce steam or forms of energy such as heat, as well as electricity, for use primarily within a building or complex of buildings;

(8) energy conservation measures that provide long-term operating cost reductions.

Section 48-52-680. (A) The State Energy Office shall assist the Materials Management Office as established in Section 11-35-810 and all governmental bodies defined in and subject to the Consolidated Procurement Code, by identifying goods which are `energy efficient' or for which the State can achieve long-term savings through consideration of life cycle costs. The State Energy Office must compile a list of these goods. Before issuing any solicitation for these goods, the procuring agency shall notify the State Energy Office which shall assist in drafting or reviewing specifications for the goods being procured and which shall approve the specifications before issuing the solicitation. Upon request of a governmental body the State Energy Office shall provide assistance in evaluating bids or offers received in response to the solicitation to ensure that procurements are made in accordance with the purposes and policies of this article.

(B) The State Energy Office shall assist the Office of the State Engineer and all governmental bodies defined in and subject to the Consolidated Procurement Code by drafting energy conservation standards to be applied in the design and construction of buildings that are owned or lease/purchased by these governmental bodies. Before any construction contracts are bid under Section 11-35-3020, the State Engineer's Office or the governmental body soliciting the bids shall review the plans and specifications to ensure that they are in compliance with the standards drafted by the State Energy Office. The State Energy Office shall provide assistance in reviewing these plans and specifications upon the request of the State Engineer's Office or the affected governmental body.

(C) The State Energy Office shall provide the Office of Property Management of the Budget and Control Board, Division of General Services, information to be used in evaluating energy costs for buildings or portions of buildings proposed to be leased by governmental bodies that are defined in and subject to the Consolidated Procurement Code. The information provided must be considered with the other criteria provided by law by a governmental body before entering into a real property lease.

Section 48-52-690. The South Carolina Energy Research and Development Center established pursuant to Section 59-119-160 and the State Energy Conservation Program, the Energy Extension Service, and the Institutional Conservation Programs are transferred to the State Energy Office and upon transfer are under the direction of the director of the State Energy Office. Where possible, the State Energy Office administratively shall consolidate other offices or programs in state government related to energy, energy efficiency, and reliability."

SECTION 2. Funding for the State Energy Office, as created in this part, must be derived from existing financial resources available to the State and may be derived from oil overcharge funds. Personnel for the State Energy Office must be derived from the consolidation of existing state government personnel slots, to the extent possible.

SECTION 3. The establishment of the State Energy Office within the State Budget and Control Board, as provided for in this part, must be evaluated if restructuring or reorganizing of state government takes place so as to identify and provide for the proper placement of the office upon restructuring or reorganizing.

SECTION 1. The 1976 Code is amended by adding:

"Section 40-29-85. (A) The State Energy Office shall design, produce, and provide to the South Carolina Manufactured Housing Board labels to be distributed to manufactured home manufacturers who shall prominently place a label on each manufactured home that has not been previously occupied as a dwelling that is to be placed for sale in South Carolina.

(B) The label must state clearly whether the manufactured home meets these energy efficiency standards:

(1) storm or double pane glass windows;

(2) insulated or storm doors;

(3) an actual installed insulation value of R-11 for walls;

(4) an actual installed insulation value of R-19 for floors;

(5) an actual installed insulation value of R-30 for ceilings."

SECTION 2. Section 6-10-30(d) of the 1976 Code is amended to read:

"(d) Notwithstanding the provisions of subsection (a) of this section, in one and two family dwellings double pane or storm windows must be used for window glass and in the case of ceilings, exterior walls, and floors with crawl space, floors on concrete slabs, and heating and air conditioning duct work, in one and two-family dwellings, the determination of the minimum thermal resistance ratings (R-value) shall must be:

(1) Ceilings shall be R-19 R-30 for ceilings, except for ceiling/roof combinations, which must be R-19;

(2) Exterior walls shall be R-11 R-15 for exterior walls;

(3) Floors with crawl space shall be R-11 R-19 for floors with crawl space;

(4) R-4 for floors on concrete slabs;

(5) R-6, or the installed equivalent, for heating and air conditioning duct work not located in conditioned space.

Nothing in this subsection shall may be construed to inhibit utilization of higher minimum thermal ratings."

SECTION 3. Section 12-36-2110(B) of the 1976 Code, as added by Part II, Section 74A, Act 612 of 1990, is amended to read:

"(B) For the sale of a mobile manufactured home, as defined in Section 31-17-20 40-29-20, the tax is calculated as follows:

(1) subtract trade-in allowance from the sales price;

(2) multiply the result from (1) by sixty-five percent;

(3) if the result from (2) is no greater than six thousand dollars, multiply by five percent. This is for the amount of the tax due.;

(4) if the result from (2) is greater than six thousand dollars, the tax due is three hundred dollars plus one two percent of the amount greater than six thousand dollars.

However, a manufactured home that has not been previously occupied as a dwelling is exempt from any tax that may be due above three hundred dollars as a result of the calculation in subitem (4) if it meets these energy efficiency standards: storm or double pane glass windows, insulated or storm doors, an actual installed insulation value of R-11 for walls and R-19 for floors, and R-30 for ceilings. The dealer selling the manufactured home must maintain records, on forms provided by the State Energy Office, on each manufactured home sold which contains the above calculations and verifying whether or not the manufactured home met the energy efficiency standards above. These records must be maintained for three years and must be made available for inspection upon request of the Department of Consumer Affairs or the State Energy Office."

SECTION 4. Section 40-29-240(A) of the 1976 Code, as added by Act 128 of 1989, is amended by adding at the end:

"(7) fail to properly and prominently display the energy efficiency label required by Section 40-29-85."

SECTION 1. Title 58 of the 1976 Code is amended by adding:

Section 58-37-10. As used in this chapter unless the context clearly requires otherwise:

(1) `Demand-side activity' means a program conducted or proposed by a producer, supplier, or distributor of energy for the reduction or more efficient use of energy requirements of the producer's, supplier's, or distributor's customers, including, but not limited to, conservation and energy efficiency, load management, cogeneration, and renewable energy technologies.

(2) `Integrated resource plan' means a plan which contains the demand and energy forecast for at least a fifteen-year period, contains the supplier's or producer's program for meeting the requirements shown in its forecast in an economic and reliable manner, including both demand-side and supply-side options, with a brief description and summary cost-benefit analysis, if available, of each option which was considered, including those not selected, sets forth the supplier's or producer's assumptions and conclusions with respect to the effect of the plan on the cost and reliability of energy service, and describes the external environmental and economic consequences of the plan to the extent practicable. For electrical utilities and public utilities providing gas services subject to the jurisdiction of the South Carolina Public Service Commission, this definition must be interpreted in a manner consistent with the integrated resource planning process adopted by the commission. For electric cooperatives subject to the regulations of the Rural Electrification Administration, this definition must be interpreted in a manner consistent with any integrated resource planning process prescribed by Rural Electrification Administration regulations.

Section 58-37-20. The South Carolina Public Service Commission must adopt procedures that encourage electrical utilities and public utilities providing gas services subject to the jurisdiction of the commission to invest in cost-effective energy efficient technologies and energy conservation programs. These procedures must provide incentives and cost recovery for energy suppliers and distributors who invest in energy supply and end-use technologies that are cost-effective, environmentally acceptable, and/or reduce energy needs. These procedures must allow energy suppliers and distributors to recover costs and obtain a reasonable rate of return on their investment in qualified demand-side management programs sufficient to make these programs at least as financially attractive as construction of new generating facilities. The Public Service Commission shall establish rates and charges that ensure that the net income of an electrical or gas utility regulated by the commission after implementation of a specific cost-effective energy conservation measure is at least as high as the net income would have been if the energy conservation measure had not been implemented. For purposes of this section only, the term `demand side activity' means a program conducted by an electrical utility or public utility providing gas services for the reduction or more efficient use of energy requirements of the utility or its customers, including, but not limited to, utility transmission and distribution system efficiency, customer conservation and efficiency, load management, cogeneration, and renewable energy technologies.

Section 58-37-30. (A) The South Carolina Public Service Commission must report annually to the General Assembly on available data regarding the past, on-going, and projected status of demand-side activities and purchase of power from qualifying facilities, as defined in the Public Utilities Regulatory Policies Act of 1978, by electrical utilities and public utilities providing gas services subject to the jurisdiction of the Public Service Commission.

(B) Electric cooperatives providing resale or retail services, municipally-owned electric utilities, and the South Carolina Public Service Authority shall report annually to the State Energy Office on available data regarding the past, on-going, and projected status of demand-side activities and purchase of power from qualifying facilities. For electric cooperatives, submission to the State Energy Office of a report on demand side activities in a format complying with then current Rural Electrification Administration regulations constitutes compliance with this subsection. An electric cooperative providing resale services may submit a report in conjunction with and on behalf of any electric cooperative which purchases electric power and energy from it. The State Energy Office must compile and submit this information annually to the General Assembly.

(C) The State Energy Office may provide forms for the reports required by this section to the Public Service Commission and to electric cooperatives, municipally-owned electric utilities, and the South Carolina Public Service Authority. The office shall strive to minimize differing formats for reports, taking into account the reporting requirements of other state and federal agencies. For electrical utilities and public utilities providing gas services subject to the jurisdiction of the commission, the reporting form must be in a format acceptable to the commission.

Section 58-37-40. (A) Electrical utilities, public utilities providing gas services, and the South Carolina Public Service Authority must prepare integrated resource plans. The South Carolina Public Service Authority and electrical and gas utilities regulated by the Public Service Commission must submit their plans to the State Energy Office. The plan submitted by the South Carolina Public Service Authority must be developed in consultation with electric cooperatives and municipally-owned electric utilities purchasing power and energy from the authority and must include the effect of demand-side management activities of electric cooperatives and municipally-owned electric utilities which directly purchase power and energy from the authority or sell power and energy which the authority generates. All plans must be submitted every three years and must be updated on an annual basis. The first integrated resource plan of the South Carolina Public Service Authority must be submitted no later than June 30, 1993. An integrated resource plan may be patterned after the integrated resource planning process developed by the Public Service Commission. For electrical utilities and public utilities providing gas services subject to the jurisdiction of the commission, submission of their plans as required by the commission constitutes compliance with this section. Nothing in this subsection may be construed as requiring interstate natural gas companies whose rates and services are regulated only by the federal government to prepare and submit an integrated resource plan.

(B) Electric cooperatives and municipally-owned electric utilities must submit integrated resource plans to the State Energy Office wherever they are required by federal law to prepare these plans or if they plan to acquire, by purchase or construction, ownership of additional generating capacity greater than twelve megawatts per unit. An integrated resource plan must be submitted to the State Energy Office by an electric cooperative or municipally-owned electric utility twelve months before the acquisition, by purchase or construction, of additional generating capacity in excess of twelve megawatts per unit. For an electric cooperative, submission to the State Energy Office of its plan in a format complying with the then current Rural Electrification Administration regulations constitutes compliance with this section.

(C) The State Energy Office, to the extent practicable, shall evaluate and comment on external environmental and economic consequences of each integrated resource plan submitted and on the environmental and economic consequences for suppliers and distributors.

(D) The State Energy Office shall coordinate the preparation of an integrated resource plan for the State and shall coordinate with regional groups including the Southern States Energy Board.

(E) The State Energy office must not exercise any regulatory authority with regard to the requirements set forth in this chapter.

(F) Not later than six months after the effective date of this act, the State Energy Office must submit recommendations to the Governor and to the General Assembly for expanding the integrated resource planning requirements of this chapter to all energy producers, suppliers, and distributors in this State not otherwise addressed by this chapter."

SECTION 1. The 1976 Code is amended by adding:

"Section 57-1-130. The South Carolina Department of Highways and Public Transportation annually shall expend at least one percent of the total state source funds available to the department on the implementation of public transportation. For purposes of this section, `public transportation' means every conveyance of human passengers which is provided to the general public or selected groups on a regular and continuing basis by bus, van, or other ground vehicles or by rail, subway, or monorail."

SECTION 2. The 1976 Code is amended by adding:

"Section 57-1-140. Before building new or expanding existing primary highways, roads, and streets the South Carolina Department of Highways and Public Transportation shall consider and make a written determination whether it is financially and physically possible to include:

(1) high occupancy vehicle lanes, when the construction or expansion is in a metropolitan area;

(2) pedestrian walkways or sidewalks; and

(3) bicycle lanes or paths.
A copy of this determination must be submitted to the State Energy Office."

SECTION 3. Section 1-11-310 of the 1976 Code is amended to read:

"Section 1-11-310. (A) The State Budget and Control Board shall purchase, acquire, transfer, replace, and dispose of all motor vehicles on the basis of maximum cost-effectiveness and lowest anticipated total life cycle costs.

(B) The standard state fleet sedan or station wagon must be no larger than a compact model and the special state fleet sedan or station wagon must be no larger than an intermediate model. The director of the Division of Motor Vehicle Management shall determine the types of vehicles which fit into these classes. Only these classes of sedans and station wagons may be purchased by the State for non law enforcement use.

(C) The State shall purchase police sedans only for the use of law enforcement officers, as defined by the Internal Revenue Code. Purchase of a vehicle under this subsection must be concurred in by the director of the Division of Motor Vehicle Management and must be in accordance with regulations promulgated or procedures adopted under Sections 1-11-220 through 1-11-340 which must take into consideration the agency's mission, the intended use of the vehicle, and the officer's duties. Law enforcement agency vehicles used by employees whose job functions do not meet the Internal Revenue Service definition of `Law Enforcement Officer' must be standard or special state fleet sedans.

(D) All state motor vehicles shall must be titled to the State. All such titles shall and must be received by and remain in the possession of the Division of Motor Vehicle Management pending sale or disposal of the vehicle.

(E) Titles to school buses and service vehicles operated by the State Department of Education and vehicles operated by the South Carolina Department of Highways and Public Transportation shall must be retained by those agencies.

(F) Exceptions to requirements in subsections (B) and (C) must be approved by the Budget and Control Board on an individual basis."

SECTION 4. Section 12-36-2120(15) of the 1976 Code, as added by Part II, Section 74A, Act 612 of 1990, is amended to read:

"(15) gasoline or other motor vehicle fuels taxed at the same rate as gasoline, fuel ethanol blends, as defined in Section 12-27-430(2), and fuels used in farm machinery, farm tractors, and commercial fishing vessels, and clean alternative transportation fuels as defined in regulation by the South Carolina Tax Commission as defined by the State Energy Office. Gasoline used in aircraft is not exempted by this item;".

SECTION 5. Section 44-96-40(27) of the 1976 Code, as added by Act 63 of 1991, is amended to read:

"(27) `Motor oil' and `similar lubricants' means mean the fraction of crude oil or synthetic oil which is sold for the purposes of reducing friction in an industrial or mechanical device that is classified for use in the crankcase, transmission, gearbox, or differential of an internal combustion engine, including automobiles, buses, trucks, lawn mowers and other household power equipment, industrial machinery, and other mechanical devices that derive their power from internal combustion engines. The terms include re-refined oil but do not include heavy greases and specialty industrial or machine oils, such as spindle oils, cutting oils, steam cylinder oils, industrial oils, electrical insulating oils, or solvents which are not sold at retail in this State."

SECTION 6. Section 44-96-160(D) of the 1976 Code, as added by Act 63 of 1991, is amended by adding at the end:

"A retail dealer of motor oil who maintains a separate tank for a voluntary used oil collection center as approved by the department under this section is eligible for a payment from the South Carolina Tax Commission from fees collected pursuant to subsection (V) of five cents for every gallon of motor oil that is properly returned on a voluntary basis to a registered used oil transporter or permitted used oil recycling facility upon proper verification."

SECTION 7. The first paragraph of Section 44-96-160(V)(2) of the 1976 Code, as added by Act 63 of 1991, is amended to read:

"The Tax Commission shall remit fees collected pursuant to this section to the Solid Waste Management Trust Fund, less payments made pursuant to subsection (D). The fees must be reserved in a separate account designated as the Petroleum Fund. The Petroleum Fund shall must be under the administration of the Office of Solid Waste Reduction and Recycling."

SECTION 8. Section 44-96-160(V)(2)(a)(2) of the 1976 Code, as added by Act 63 of 1991, is amended to read:

"(2) the establishment and continued operation of collection centers which accept used oil; and , including a one-time rebate to retailers who maintain department approved used oil collection centers for equipment used in the used oil collection process, not to exceed five hundred dollars a location. The used oil collection center must maintain a separate tank for the collection of voluntarily returned used oil to be eligible for this rebate. This rebate must be distributed by the department upon approval of the collection center by the department and submittal of proof of purchase of the equipment."

SECTION 9. Section 44-96-160 of the 1976 Code is amended by adding at the end:

"(Z) Beginning February 28, 1993, and no later than February twenty-eighth each year thereafter, the Office of Solid Waste and Recycling shall submit to the Governor and to the General Assembly a report for the previous calendar year including:

(1) the number of used oil collection sites available in each county to the general public;

(2) the number and location of used oil collection sites in each county receiving ongoing and start-up assistance from the Office of Solid Waste Reduction and Recycling;

(3) the amount of used oil collected in each county."

SECTION 10. Section 48-1-10(17) of the 1976 Code is amended to read:

"(17) `Source' means any and all points of origin of air contaminants, including motor vehicles, whether privately or publicly owned or operated;".

SECTION 11. Section 48-1-10 of the 1976 Code is amended by adding at the end:

"(24) `Motor vehicle' means a passenger car or vehicle designed for carrying ten passengers or less and used for the transportation of persons and a light-duty truck or vehicle designed for the transportation of cargo or property which has a gross vehicle weight rating of less than eight thousand, five hundred pounds."

SECTION 12. Section 58-25-30(3) and (4) of the 1976 Code are amended to read:

"(3) Upon the execution of such the agreement by the governing bodies of the cities and the counties which include at least ninety percent of the population of the proposed service area within their jurisdictions, and only if the agreement provides for imposition of a new source of revenue such as a new tax, the question of creating such an authority under the terms of the executed agreement must be submitted for ratification to the qualified electors within the proposed service area at a general election or at a special election called for that purpose as set forth in the agreement. Upon the approval of the majority of the voters within the service area voting on the question If an existing source or sources of revenue are utilized to fund the authority an election is not required. If an election is required, the agreement shall become operational upon the approval of the majority of the voters within the service area voting on the question and the authority must be created not less than sixty days after the results of the election are certified. If an election is not required, the agreement becomes operational upon the execution of the agreement by the governing bodies of the cities and counties which include at least ninety percent of the population of the proposed service area, and the authority must be created not less than sixty days after the agreement is executed.

(4) If an election is required, the question to be placed before the electorate must state the service area of the proposed authority (cities and counties involved) and the proposed method of financing, including the level of tax to be initially imposed, and membership on the board."

SECTION 13. Section 58-25-40(1) of the 1976 Code, as last amended by Act 202 of 1989, is further amended to read:

"(1) The members of the authority must be represented on the governing board of the authority by appointees of the governing bodies of the cities and counties within the service area as set forth in Section 58-25-35. The appointees may be elected officials of these local governing bodies and if so would serve in an ex officio capacity. The governing board of the authority must be made up of not more than two times the number of authority governmental members and up to three additional members appointed by the legislative delegation as provided in this section.

There must be at least five board members. The membership of the governing board must be apportioned among the member cities and counties proportionate to population within the authority's service area or the financial contribution to the authority by the member municipalities and counties. The method of appointment must be determined as follows: If the financial contribution of governmental members is consistent with the population base, the method is by population as provided in this section. If the financial contribution is not consistent with the population base, then the method is by ratio of financial contribution.

As many as three additional members of the governing board of a transportation authority may be appointed by the legislative delegations of the member counties if approved by the qualified electors within the proposed service area in accordance with the procedures set forth in Section 58-25-30. If the authority receives a grant of the state funds from the general fund or the highway fund, the delegation shall appoint three additional members. Unless the agreement approved by the qualified electors of a service area provides otherwise, the members of the governing board appointed by the delegation must be apportioned as determined by a majority of the delegation members including the resident senator. No member government, regardless of population, may have less than one member on the board. County population must be determined after subtracting the member city population in that county. The terms of the representatives serving on the governing board of the authority must be staggered so that the terms of approximately one-third of the governing board expire each year. After the initial terms as set forth in the agreement to achieve staggered terms, subsequent terms must be for three years. Members of the governing board of the authority may be reimbursed for expenses incurred in connection with their service on the authority but they may not receive salaries, per diem, or other compensation except that in cases of extensive services rendered per diem may be paid by a two-thirds vote of the authority."

SECTION 14. Section 58-25-40(3) of the 1976 Code is amended to read:

"(3) Subsequent to the activation of the authority, contiguous counties or cities not participating initially may become members of the authority with the same benefits as the initial members after a majority vote of their electors voting on the question in pursuant to the procedure set forth in Section 58-25-30 and with the approval by a majority vote of the board of the authority."

SECTION 15. Section 58-25-50 of the 1976 Code is amended to read:

"Section 58-25-50. (A) The authority may:

(a)(1) purchase, lease, own, or operate or provide for the operation of transportation facilities;

(b)(2) contract for public transportation services;

(c)(3) plan in concert with any appropriate local planning operation for public transportation services;

(d)(4) exercise the power of eminent domain limited to right-of-way and contiguous facility acquisition;

(e)(5) contract with other governmental agencies, private companies, and individuals;

(f)(6) sue and be sued, implead and be impleaded, complain, and defend in all courts;

(g)(7) adopt, use, and alter at will a corporate seal;

(h)(8) acquire, purchase, hold, lease as a lessee, and use any franchise or property, real, personal or mixed, tangible or intangible, or any interest therein, necessary or desirable for carrying out the purposes of the authority, and sell, lease as lessor, transfer, and dispose of any property or interest therein acquired by it;

(i)(9) fix, alter, change, and establish rates, fees, fares, and other charges for services or facilities of the authority. The rates, fees, and fares set forth in the agreement approved by the electorate may not be increased more frequently than annually. No single increase may exceed fifty percent;

(j)(10) establish public transportation routes and approve the alteration or addition of routes based primarily on a detailed analysis or proposed use and comprehensive cost analysis;

(k)(11) acquire and operate, or provide for the operation of, transportation systems, public or private, within the area, the acquisition of a system to be by negotiation and agreement between the authority and the operator of the system to be acquired;

(l)(12) make contracts of every name and nature and execute all instruments necessary or convenient for the carrying on of its business;

(m)(13) enter into management contracts with any person for the management of a public transportation system owned or controlled by the authority for a period of time, and under compensation and other terms and conditions, as may be considered advisable by the authority;

(n)(14) contract for the services of attorneys, engineers, consultants, and agents for any purpose of the authority;

(o)(15) borrow money and make and issue negotiable bonds, notes, or other evidences of indebtedness;

(p)(16) accept gifts, grants, or loans of money or other property from and enter into contracts, leases, or other transactions with and accept funds from federal, state, or local governments, public or semipublic agencies or private individuals or corporations and expend the funds and carry out cooperative undertakings and contracts;

(q)(17) do all acts necessary for the provision of public transportation services;

(r)(18) To provide transportation services for residents of the service area to destinations outside the service area;

(s)(19) promulgate regulations to carry out the provisions of this chapter.

(B) The authority or other authorized regional transportation organization, in conjunction with all other organizations providing public transportation in the service area, shall prepare and produce a plan to coordinate public transportation services provided by each entity utilizing state funds or funds administered by the State to ensure that resources are being used in the most efficient and cost-effective manner. The coordinated transportation plan must maintain the provision, type, and level of assistance to individuals at least equal in quality to that provided by the human service transportation providers in the service area. The failure of an entity providing these services to comply with the coordinated plan must be reported by the authority or the service provider to the appropriate state agencies or funding authorities which administer, contract, grant, approve, or appropriate funds for services. Transportation resources presently owned by or under contractual agreement of the service provider must remain under the authority of the service provider."

SECTION 16. Section 58-25-60 of the 1976 Code is amended to read:

"Section 58-25-60. The intended mechanism for raising the necessary local funds to support the operation of the authority must be set forth in the agreement provided for in Section 58-25-30. The declaration of intended sources of local funds does not preclude the use of other local, state, or federal sources which shall subsequently become available except for state highway construction funds which may not be used. The agreement may be amended specifically to recognize new sources. Local funds may be generated from the following source existing sources of revenue, including, but not limited to, a local sales tax approved pursuant to Chapter 10, Title 4, property tax, business license tax, accommodations tax, and franchise fees, notwithstanding other provisions of law. This source is These sources are not intended to be exclusive.

A vehicle registration fee may be levied by the governing bodies of the member cities and counties on the motor vehicles registered within the service area of the authority. If this mechanism is used, the amount of the vehicle registration fee must be set forth in the agreement and must be approved by the qualified electors within the proposed service area if an election is required by Section 58-25-30. The authority shall request the members of the General Assembly representing its service area to approve increases in the registration fee. Unless these members of the General Assembly by majority vote approve the increase, no increases may be imposed. This registration fee must be added to the personal property tax notice collected as a part of the personal property tax and the fee rebated to the authority."

SECTION 17. (A) There is created the Alternative Transportation Fuels Study Committee to conduct a comprehensive study of clean alternative transportation fuels. The members of the committee must be appointed by the chair of the Joint Legislative Committee on Energy and must include representatives of:

(1) the State Energy Office;

(2) the Joint Legislative Committee on Energy;

(3) the South Carolina Department of Health and Environmental Control;

(4) the South Carolina Department of Highways and Public Transportation;

(5) the Division of Motor Vehicle Management of the State Budget and Control Board; and

(6) other entities as considered appropriate by the chair.

(B) At the initial meeting of the committee, the members shall elect a chairman from among the members appointed pursuant to subsection (A). The committee shall meet upon the call of the chair.

(C) A vacancy occurring on the committee must be filled in the same manner as the original appointment.

(D) The members of the committee shall serve at no expense to the State.

(E) The purpose of the Alternative Transportation Fuels Study Committee is to study and analyze all issues pertaining to the use of alternative transportation fuels, including, but not limited to, natural gas, propane, electricity, ethanol, methanol, solar energy, hydrogen, and reformulated gasoline, and to make recommendations to the Governor and to the General Assembly regarding an alternative transportation fuels strategy to be implemented by the State.

(F) The Alternative Transportation Fuels Study Committee shall:

(1) research and review current sources of transportation fuels including, but not limited to, current technical reports, ongoing projects, and other states' initiatives;

(2) research and analyze the financial implications of implementing an alternative fuels program, including other states' incentive programs and initiatives, and make recommendations to the Governor and to the General Assembly regarding alternative transportation fuels incentive packages. The committee shall specifically consider and make recommendations regarding:

(a) exemptions and reductions of the state motor fuels taxes for clean fuel vehicles;

(b) state-initiated, self-sustaining revolving funds for providing low or no interest financing for clean fuel vehicle purchases and conversion projects;

(c) investment tax credits for vehicle conversions, new vehicle purchases, and refueling equipment;

(d) exemptions and reductions of sales taxes associated with clean fuel vehicle purchases; and

(e) other possible incentives for clean fuel vehicle conversions, new vehicle replacements, and the development of refueling infrastructure;

(3) research and make recommendations to the Governor and to the General Assembly on the establishment by the State of alternative transportation fuels demonstration projects using a portion of the state's fleet by the end of the calendar year 1992 and on how to structure the demonstration projects to serve the following purposes:

(a) collect and analyze actual operating data;

(b) increase public knowledge of alternative transportation fuels; and

(c) serve as teaching and training tools for future clean transportation fuels programs;

(4) make recommendations to the Governor and to the General Assembly on:

(a) the establishment of percentage goals for implementing alternatively fueled vehicles in government fleets which are centrally garaged and fueled;

(b) how the State should promote alternative transportation vehicle use by private, centrally fueled and garaged fleets in designated metropolitan areas;

(c) the development of education programs for local governments and corporations which may be subject to federal or state alternative transportation fuels measures; and

(5) prioritize the alternative transportation fuels researched by the committee in terms of environmental impact, economics, availability, technological advantages, and performance.

(G) In carrying out its responsibilities under subsection (C), the committee shall consult with local companies that have expertise in alternative transportation fuels issues or which would be affected by a recommendation likely to be proposed by the committee.

(H) All meetings of the Alternative Transportation Fuels Study Committee must be open to the public.

(I) The committee shall hold at least one public hearing to allow affected companies and the general public an opportunity to comment on the proposed recommendations before presentation of the final recommendations of the committee to the Governor and to the General Assembly.

(J) The Alternative Transportation Fuels Study Committee must submit its final report and recommendations in writing to the Governor and to the General Assembly no later than six months after the effective date of this resolution.

After making its final report, the committee is dissolved.

SECTION 18. The Joint Legislative Committee on Energy shall appoint a task force to study the feasibility of establishing intrastate rail service and connecting with population centers in North Carolina and Georgia. This study must be submitted to the General Assembly no later than January 15, 1993.

SECTION 19. The State Budget and Control Board Division of Motor Vehicle Management shall determine the extent to which the state vehicle fleet can be configured to operate on alternative transportation fuels. This determination must be based on a thorough evaluation of each alternative fuel and the feasibility of using such fuels to power state vehicles. The state fleet must be configured in a manner that will serve as a model for other corporate and government fleets in the use of alternative transportation fuel. By June 1, 1993, the division must begin using alternative transportation fuels for the state vehicle fleet.

SECTION 1. This act takes effect July 1, 1992, except Part III which takes effect January 1, 1993./

Renumber sections to conform.

Amend title to conform.

Senator McGILL proposed the following Amendment No. 1 (BR1\2454.AC), which was adopted:

Amend the bill, as and if amended, Part III, by deleting Section 2 and inserting:

/SECTION 2. Section 6-10-30(d) of the 1976 Code is amended to read:

"(d) Notwithstanding the provisions of subsection (a) of this section, in one and two family dwellings double pane or storm windows must be used for window glass and in the case of ceilings, exterior walls, and floors with crawl space, and heating and air conditioning duct work, in one and two-family dwellings, the determination of the minimum thermal resistance ratings (R-value) shall must be:

(1) Ceilings shall be R-19 R-30 for ceilings, except for ceiling/roof combinations, which must be R-19;

(2) Exterior walls shall be R-11 R-13 for exterior walls;

(3) Floors with crawl space shall be R-11 R-19 for floors with crawl space;

(4) R-6, or the installed equivalent, for heating and air conditioning duct work not located in conditioned space.

Nothing in this subsection shall may be construed to inhibit utilization of higher minimum thermal ratings.

To facilitate the affordability of purchases of housing, minimum thermal resistance ratings of R-19 for ceilings and R-11 for floors may be used provided the builder discloses the insulation levels to the buyer. The disclosure must be on a form provided by the South Carolina Residential Builders Commission and a copy must be submitted to the commission which must keep it for thirteen years."/

Renumber sections to conform.

Amend title to conform.

Senator HINDS explained the amendment.

Senator HINDS moved that the amendment be adopted.

The amendment was adopted.

Senators LEATHERMAN and LEVENTIS proposed the following Amendment No. 2 (BR1\2619.AC), which was adopted:

Amend the bill, as and if amended, Part III, by deleting Section 2 and inserting:

/SECTION 2. Section 6-10-30(d) of the 1976 Code is amended to read:

"(d) Notwithstanding the provisions of subsection (a) of this section, in one and two family dwellings double pane or storm windows must be used for window glass and in the case of ceilings, exterior walls, and floors with crawl space, and heating and air conditioning duct work, in one and two-family dwellings, the determination of the minimum thermal resistance ratings (R-value) shall must be:

(1) Ceilings shall be R-19 R-30 for ceilings, except for ceiling/roof combinations, which must be R-19;

(2) Exterior walls shall be R-11 R-13 for exterior walls;

(3) Floors with crawl space shall be R-11 R-19 for floors with crawl space;

(4) R-6, or the installed equivalent, for heating and air conditioning duct work not located in conditioned space.

Nothing in this subsection shall may be construed to inhibit utilization of higher minimum thermal ratings.

To facilitate the affordability of purchases of housing, single pane windows and minimum thermal resistance ratings of R-19 for ceilings and R-11 for floors may be used in one and two family dwellings provided the builder discloses the use of single pane windows and insulation levels to the buyer."/

Amend title to conform.

Senator HINDS explained the amendment.

Senator HINDS moved that the amendment be adopted.

The amendment was adopted.

Senator PEELER proposed the following Amendment No. 3 (BR1\2658.AC), which was tabled:

Amend the bill, as and if amended, Part III, by deleting Section 3.

Renumber sections to conform.

Amend title to conform.

Senator PEELER explained the amendment.

Senator HINDS argued contra to the adoption of the amendment.

Senator HINDS moved to lay the amendment on the table.

The amendment was laid on the table.

Senator McCONNELL proposed the following Amendment No. 4 (RES1273.18), which was adopted:

Amend the committee report, as and if amended, page 1273-17, by striking lines 30 through 42 in their entirety.

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL explained the amendment.

Senator McCONNELL moved that the amendment be adopted.

The amendment was adopted.

Senator SHEALY proposed the following Amendment No. 5 (JIC\6366.AC), which was adopted:

Amend the bill, as and if amended, Part V, Section 2, Section 57-1-140, page 1273-18, line 6, by deleting /possible/ and inserting /feasible/.

Amend title to conform.

Senator SHEALY moved that the amendment be adopted.

The amendment was adopted.

Senator SHEALY proposed the following Amendment No. 6 (JIC\6367.AC), which was adopted:

Amend the bill, as and if amended, Part V, Section 12, Section 58-25-30(3), page 1273-21, beginning on line 33, by deleting /at least ninety percent of the population and inserting /at least ninety percent of the population all of the qualified electorate/; and on page 1273-22, beginning on line 12, by deleting /at least ninety percent of the population/ and inserting /all of the qualified electorate/.

Amend title to conform.

Senator SHEALY explained the amendment.

Senator SHEALY moved that the amendment be adopted.

The amendment was adopted.

Senator SHEALY proposed the following Amendment No. 7 (JIC\6368.AC), which was adopted:

Amend the bill, as and if amended, Part V, Section 16, Section 58-25-60, page 1273-26, line 29, by deleting /property tax,/.

Amend title to conform.

Senator SHEALY explained the amendment.

Senator SHEALY moved that the amendment be adopted.

The amendment was adopted.

Senator SHEALY proposed the following Amendment No. 8 (JIC\6369.AC), which was adopted:

Amend the bill, as and if amended, Part V, Section 17, page 1273-27, beginning on line 11, by deleting /chair of the Joint Legislative Committee on Energy/ and inserting /Speaker of the House of Representatives and the Lieutenant Governor/; and on line 24 by deleting /by the chair/ and inserting /,not to exceed a total of eleven committee members/.

Amend title to conform.

Senator SHEALY explained the amendment.

Senator HINDS moved that the amendment be adopted.

The amendment was adopted.

Senator SHEALY proposed the following Amendment No. 10 (RES1273.08), which was adopted:

Amend the bill, as and if amended, PART V, SECTION 2, Section 57-1-140, page 1273-18, line 6, by deleting /possible/ and inserting the following in lieu thereof:

/feasible/

Renumber sections to conform.

Amend title to conform.

Senator SHEALY explained the amendment.

Senator SHEALY moved that the amendment be adopted.

The amendment was adopted.

Senator SHEALY proposed the following Amendment No. 12 (RES1273.13), which was adopted:

Amend the bill, as and if amended, PART V, SECTION 16, Section 58-25-60, page 1273-26, line 30, by deleting /accommodations tax,/.

Renumber sections to conform.

Amend title to conform.

Senator SHEALY moved that the amendment be adopted.

The amendment was adopted.

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

S. 1401 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 41-15-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROMULGATION OF REGULATIONS BY THE DEPARTMENT OF LABOR, SO AS TO PROVIDE FOR NOTICE OF A HEARING ON A REGULATION IN THE STATE REGISTER AND TO EXEMPT CERTAIN REGULATIONS OF THE DEPARTMENT FROM THE REQUIREMENTS OF THE ADMINISTRATIVE PROCEDURES ACT.

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

There was no objection.

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

S. 1476 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-460 SO AS TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD, THROUGH THE DIVISION OF INSURANCE SERVICES, TO PAY JUDGMENTS AGAINST INDIVIDUAL GOVERNMENTAL EMPLOYEES AND OFFICIALS OF LIMITED AMOUNTS IN EXCESS OF ONE MILLION DOLLARS, TO PROVIDE THAT THE PAYMENTS ARE LIMITED TO JUDGMENTS AGAINST OFFICIALS COVERED BY A TORT LIABILITY POLICY ISSUED BY THE INSURANCE RESERVE FUND FOR ACTS COMMITTED WITHIN THE SCOPE OF EMPLOYMENT, AND TO PROVIDE THAT PAYMENTS MUST BE RECOVERED BY ASSESSMENTS AGAINST ALL ENTITIES PURCHASING TORT LIABILITY INSURANCE FROM THE INSURANCE RESERVE FUND.

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

Senator PASSAILAIGUE proposed the following Amendment No. 1 (RES1476.01), which was withdrawn:

Amend the bill, as and if amended, page 2, after line 7, by adding an appropriately numbered SECTION to read:

/SECTION . The 1976 Code is amended by adding:

"Section . Notwithstanding any other provision of law to the contrary, no funds may be expended from the Insurance Reserve Fund or any other reserve fund to pay for legal fees or associated costs to defend any officer of the State, its agencies, or political subdivisions against any legal action under United States Code Section 1983 relating to redistricting of any governmental entity."/

Renumber sections to conform.

Amend title to conform.

Senator PASSAILAIGUE explained the amendment.

On motion of Senator PASSAILAIGUE, with unanimous consent, the amendment was withdrawn.

Senator PASSAILAIGUE spoke on the Bill.

Senator McCONNELL proposed the following amendment No. 2 (JUD1476.001), which was adopted:

Amend the bill, as and if amended, page 1, line 41, in Section 1-11-460, as contained in SECTION 1, by adding after the word /rendered/ the words /under 42 U.S.C. Section 1983/ .

Amend title to conform.

Senator McCONNELL explained the amendment.

The amendment was adopted.

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

H. 3409 -- Reps. Gregory, Kirsh, Wilkins, Short, Nettles and J. Brown: A BILL TO AMEND SECTION 12-27-1270, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ECONOMIC DEVELOPMENT ACCOUNT, SO AS TO PROVIDE FOR THE ACCOUNT TO BE REPLENISHED BASED ON FUNDS OBLIGATED OR COMMITTED BY THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT IN THE PREVIOUS YEAR, DELETE THE LIMITATION ON THE AMOUNT OF THE ACCOUNT, AND DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 13-3-20, RELATING TO THE OBJECTIVES OF THE STATE DEVELOPMENT BOARD, SO AS TO DELETE THE REFERENCE TO A STATEWIDE PLANNING PROGRAM; TO AMEND SECTION 13-3-90, RELATING TO THE DUTIES AND POWERS OF THE STATE DEVELOPMENT BOARD, SO AS TO DELETE THE PROVISION FOR A MASTER PLAN FOR AGENCIES TO CONSIDER CERTAIN STATE NEEDS AND DELETE THE REFERENCE TO A STATE PLANNING PROGRAM; TO AMEND SECTION 41-45-20, RELATING TO MEETINGS AND DUTIES OF THE COUNCIL, SO AS TO PROVIDE FOR AND DEFINE A STRATEGIC PLAN FOR ECONOMIC DEVELOPMENT AND REVISE DUTIES PERTAINING TO THE PLAN AND COORDINATION OF ACTIVITIES; TO AMEND SECTION 41-45-30, RELATING TO REPORTS BY THE COUNCIL, SO AS TO INCLUDE REPORTS TO THE CHAIRMEN OF THE SENATE FINANCE AND HOUSE WAYS AND MEANS COMMITTEES AND REQUIRE REPORTS ON THE ACCOUNT; TO AMEND SECTION 41-45-40, RELATING TO COUNCIL RECOMMENDATIONS, SO AS TO INCLUDE THE OBJECTIVES OF THE STRATEGIC PLAN, DELETE THE PROVISION FOR REFERRALS BY THE GENERAL ASSEMBLY AND STATE AGENCIES, AND REVISE THE RECOMMENDATIONS CONCERNING AGENCY REQUESTS FOR ECONOMIC DEVELOPMENT APPROPRIATIONS; TO AMEND SECTION 41-45-50, RELATING TO COUNCIL FUNDS, COMMITTEES, AND DATA, SO AS TO REVISE THE DUTIES OF THE COMMITTEES; AND TO REAUTHORIZE THE EXISTENCE OF THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT FOR SIX YEARS.

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

The question being the adoption of the amendment proposed by the Committee on Finance.

Senators SALEEBY, GILBERT, LEATHERMAN, McGILL, CARMICHAEL and HINDS proposed the following Amendment No. 1 (JIC\6548.HC), which was adopted:

Amend the report, as and if amended, page vi, by striking lines 11 through 26 and inserting:

/(p) employ and dismiss, at the will and pleasure of the authority, those employees, consultants, and other providers of services the authority considers necessary and to fix and to pay their compensation. Employees of the authority or any entity established pursuant to Section 13-9-190 are not considered state employees except for eligibility for participation in the State Retirement System and the State Health Insurance Group Plans and pursuant to Chapter 78 of Title 15. Chapter 11 of Title 8 and Article 5, Chapter 17 of Title 8 do not apply to the authority. The authority is responsible for complying with the other state and federal laws covering employers. The authority may contract with the Division of Human Resources management of the State Budget and Control Board to establish a comprehensive human resource management program. Except for the provisions of Subarticle 3, Article 21, Chapter 35 of Title 11, the provisions of Chapter 35 of Title 11 do not apply to the authority in the employment of consultants and other providers of service, but consultants and other providers of services are subject to the authority's procurement procedures or regulations as approved by the State Budget and Control Board./

Amend the report further, page viii, by adding beginning on line 36:

/Officials or employees of the authority may act as officials or employees of any corporations created pursuant to this section without additional compensation. A corporation created pursuant to this section is considered to be a `public procurement unit' for purposes of Article 19, Chapter 35 of Title 11./

Amend the report further, page ix, by striking the quotation mark on line 29 and inserting immediately after line 29:

/Section 13-9-220. If a term or provision of a section of this chapter is found to be illegal or unenforceable, the remainder of this chapter nonetheless remains in full force and effect and the illegal or unenforceable term or provision is deleted and severed from this chapter./

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

/SECTION ___ (A). Whereas, the General Assembly finds that improvement to local environmental, transportation, recreational, and communications infrastructure results in improved local economy; and

Whereas, the General Assembly finds that the creation of an agency to be known as the Pee Dee Authority to provide economic development services to the Pee Dee River Basin will contribute to the overall economy of the basin and will benefit the entire citizenry of the basin; and

Whereas, it is the further intent of the General Assembly that a project of the authority benefit the economy of the political subdivision and region within which the project is located; and

Whereas, it is the intent of the General Assembly that unallocated project proceeds may be invested in local infrastructure when local legislative representation and the authority agree it is appropriate to do so; and

Whereas, the General Assembly finds that in order for the authority to offer competitive services to the business community that the authority be empowered to exercise such responsibilities independent of certain procedural requirements of other agencies of state government; and

Whereas, it is the intent of the General Assembly that the authority be empowered to exercise its responsibilities on a basin-wide basis. Now, therefore,

(B) Title 13 of the 1976 Code is amended by adding:

SECTION 13-10-10. There is created the Pee Dee Authority, referred to in this chapter as the `authority'. The governing body of the authority consists of a fifteen member board appointed by the Governor, with the advice and consent of the Senate, for terms of four years and until their successors are appointed and qualify. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term. One member must be appointed from each of the following counties: Chesterfield, Clarendon, Darlington, Dillon, Florence, Georgetown, Horry, Kershaw, Lancaster, Lee, Marion, Marlboro, Sumter and Williamsburg. One member must be appointed from the state at large.

Section 13-10-20. The members of the authority board shall elect one member as chairman and one as vice-chairman and shall also elect a secretary. The board shall establish other offices, committees, and positions under its bylaws as it considers necessary. The board shall meet upon the call of its chairman and in accordance with its bylaws, and eight members constitute a quorum for the transaction of its business.

Section 13-10-30. The authority board has all the rights and powers of a body politic and corporate and body corporate of this State, including without limitation, all the rights and powers necessary or convenient to manage the business and affairs of the authority and to take action as it considers advisable, necessary, or convenient in carrying out its powers, including, but not limited to, the following rights and powers to:

(1) have perpetual succession;

(2) sue and be sued;

(3) adopt, use, and alter a corporate seal;

(4) adopt and amend bylaws for regulation of its affairs consistent with this chapter;

(5) notwithstanding any provision of law or regulation to the contrary, and in accordance with its own procurement procedures or regulations as approved by the State Budget and Control Board, acquire, purchase, hold, use, improve, manage, lease, mortgage, pledge, sell, transfer, and dispose of any property, real, personal, or mixed, or any interest in any property, or revenues of the authority, including as security for notes, bonds, evidences of indebtedness, or other obligations of the authority. Except for the provisions of Subarticle 3, Article 21, Chapter 35 of Title 11, in exercising the powers authorized in this chapter the authority is exempt from Title 11 of Chapter 35. The authority has no power to pledge the credit and the taxing power of the State or any of its political subdivisions;

(6) receive contributions, donations, and payments and to invest and disperse the authority's funds;

(7) encourage, assist, promote, and cooperate in the development of the Pee Dee River and the streams, canals, or watercourses now or at a later time connected to or flowing into the river and to appear on behalf of the State before any agency, department, or commission of this State, of the United States, or of any other state in furtherance of the development or of any matter connected with the development or related to the development;

(8) to negotiate agreements, accords, or compacts on behalf of and in the name of the State with the State of North Carolina or the United States, or both, with any agency, department, or commission of either or both, or with any other state or any agency, department, or commission of the other state, relating to the development of the Pee Dee River and the development of the streams, canals, or watercourses now or at a later time connected to or flowing into the river, and particularly in reference to joint or concurrent action in the furtherance of agreements, accords, or contracts. Interstate compacts made by the authority are subject to approval by concurrent resolution of the General Assembly;

(9) act as a regional development agency of the State to receive, purchase, hold title to, and to manage any real property in its jurisdiction acquired by release of surplus real property, by purchase, by donation, by lease, or by exchange and to develop and promote the development of the land for recreational, transportation, residential, commercial, and industrial purposes, both public and private, and to lease, sublease, or convey title in fee simple to the real property as provided in the bylaws of the authority. The authority shall retain, carry forward, or expend any proceeds derived from the sale, lease, rental, or other use of real and personal property under the authority's exclusive jurisdiction. The proceeds shall be used only in the development and the promotion of the authority as provided by this chapter and for the purposes authorized by this chapter;

(10) promulgate regulations governing the use of or doing business on the authority's property or facilities, including the adoption of safety standards and insurance coverage or proof of financial responsibility, including, but not limited to, providing for the licensing of persons, firms, or corporations using or doing business on such property or facilities, and for license fees to cover the expense thereof;

(11) borrow money, make and issue notes, bonds, and other evidences of indebtedness, including refunding and advanced refunding notes and bonds, of the authority; to secure the payment of the obligations or any part by mortgage, lien, pledge, or deed of trust, on any of its property, contracts, franchises, or revenues, including the proceeds of any refunding and advanced refunding notes, bonds, and other evidences of indebtedness and the investments in which proceeds are invested and the earnings on and income from the investments in which proceeds are invested in the earnings on and income from the investments; to invest its monies, including without limitation its revenues and proceeds of the notes, bonds, or other evidences of indebtedness, in obligations of, or obligations the principal of and interest on which are guaranteed by or are fully secured by contracts with, the United States, in obligations of any agency, instrumentality, or corporation which has been or may at a later time be created by or pursuant to an act of the United States Congress as an agency, instrumentality, or corporation, in direct and general obligations of this State, and in certificates of deposit issued by any bank, trust company, or national banking association; to make agreements with the purchasers or holders of the notes, bonds, or other evidences of indebtedness or with others in connection with any notes, bonds, or other evidences of indebtedness whether issued or to be issued, as the authority considers advisable; and to provide for the security for the notes, bonds, or other evidences of indebtedness.

In the exercise of the powers granted in this section to issue advanced refunding notes, bonds, or other evidences of indebtedness the authority may, but is not required to, avail itself of or comply with any of the provisions of Chapter 21 of Title 11. The authority, when investing in certificates of deposit, shall invest in certificates of deposit issued by institutions authorized to do business in this State if the institutions offer terms which, in the opinion of the authority, are equal to or better than those offered by other institutions;

(12) loan the proceeds of notes, bonds, or other evidences of indebtedness to a person, corporation, or partnership to construct, acquire, improve, or expand the projects described in Section 13-10-50;

(13) to make contracts, including service contracts with a person, corporation, or partnership, to provide the services provided in Section 13-10-50, and to execute all instruments necessary or convenient for the carrying out of business;

(14) for the acquiring of rights-of-way and property necessary for the accomplishment of its duties and purposes, the authority may purchase them by negotiation or may condemn them, and should it elect the right of eminent domain, condemnation actions must be in the name of the authority. The power of eminent domain applies to all property of private persons or corporations and also to property already devoted to public use in any of the counties which are represented by members as set forth in Section 13-10-10;

(15) employ and dismiss, at the will and pleasure of the authority, those employees, consultants, and other providers of services as the authority considers necessary and to fix and to pay their compensation. Employees of the authority or any entity established pursuant to Section 13-10-200 are not considered to be state employees except for eligibility for participation in the State Retirement System and the State Health Insurance Group Plans and pursuant to Chapter 78 of Title 15. Chapter 11 of Title 8 and Article 5, Chapter 17 of Title 8 do not apply to the authority. The authority is responsible for complying with the other state and federal laws covering employers. The authority may contract with the Division of Human Resources Management of the State Budget and Control Board to establish a comprehensive human resource management program. Except for the provisions of Subarticle 3, Article 21, Chapter 35 of Title 11, the provisions of Chapter 35 of Title 11 do not apply to the authority in the employment of consultants and other providers of service, but consultants and other providers of services are subject to the authority's procurement procedures or regulations as approved by the State Budget and Control Board;

(16) fix, alter, charge, and collect tolls, fees, rents, charges, and assessments for the use of the facilities of or for the services rendered by, the authority; these rates must be at least sufficient to provide for payment of all expenses of the authority, the conservation, maintenance, and operation of its facilities and properties, the payment of principal and interest on its notes, bonds, and other evidences of indebtedness or obligation, and to fulfill the terms and provisions of any agreements made with the purchasers and holders of these notes, bonds, or other evidences of indebtedness or obligation.

Section 13-10-40. The authority may exercise any of the powers and duties conveyed under Section 13-10-30 in the entire area of a county or portion of a county which borders the Pee Dee River or is within the Pee Dee River Basin.

Section 13-10-50. In furtherance of its purposes, the authority may issue revenue bonds, the interest on which may or may not be excludable from gross income for federal income tax purposes, for the purpose of raising funds needed from time to time for the financing or refinancing, in whole or in part, the acquisition, construction, equipment, maintenance, and operation of any facility, building structure, or any other matter or thing which the authority is authorized to acquire, construct, equip, maintain, or operate.

In connection with the issuance of bonds, the authority may enter into an agreement with a company to consult, operate, maintain, and improve a project, and the authority may enter into a financing agreement with the company to the authority or its assignee, to meet the payments that become due on the bonds.

Section 13-10-60. Revenue bonds issued under this chapter for any project described in Section 13-10-50 must be authorized by resolution of the board of the authority. The resolution may contain provisions which are a part of the contract between the authority and the several holders of the bonds as to:

(1) the custody, security, use, expenditure, or application of the proceeds of the bonds;

(2) the acquisition, construction, and completion of any project for which the bonds are issued;

(3) the use, regulation, operation, maintenance, insurance, or disposition of the project for which the bonds are issued, or any restrictions on the exercise of the powers of the board to dispose of or limit or regulate the use of the project;

(4) the payment of the principal of or interest on the bonds and the sources and methods of payment, the rank or priority of any bonds as to any lien or security, or the acceleration of the maturity of any bonds;

(5) the use and disposition of the revenues derived from the operation of any project;

(6) the pledging, setting aside, depositing, or entrusting of the revenues from which the bonds are made payable to security the payment of the principal of and interest on the bonds or the payments of expenses of operation and maintenance of the project;

(7) the setting aside of revenues, reserves, or sinking funds and the source, custody, security, regulation, and disposition of the revenues, reserves, or sinking funds;

(8) the determination of the definition of revenues or of the expenses of operation and maintenance of the project for which the bonds are issued;

(9) the rentals, fees, or other charges derived from the use of the project and the fixing, establishing, collection, and enforcement of the rentals, fees, or other charges, the amount or amounts of revenues to be produced by the rentals, fees, or other charges, and the disposition and application of the amounts charged or collected;

(10) limitations on the issuance of additional bonds or any other obligations or the incurrence of indebtedness payment from the same revenues from which the bonds are payable;

(11) rules to insure the use of the project by the public or private sector to the maximum extent to which the project is capable of serving the public or private sector;

(12) any other matter or course of conduct, which, by recital in the resolution authorizing the bonds, is declared to further secure the payment of the principal of or interest on the bonds.

Section 13-10-70. The bonds may be issued in one or more series, may bear date, may mature at a time not exceeding forty years from their respective dates, may bear interest at the rate or rates a year as approved by the State Budget and Control Board, may be payable in the medium of payment and at a place, may be in a denomination, may be in a form, either coupon or registered, may carry registration privileges, may be subject to terms or redemption before maturity, with or without premium, and may contain terms, covenants, and conditions as the resolution authorizing the issuance of the bonds may provide. The interest rate on bonds issued by the authority, the proceeds of which are loaned to a company pursuant to a financing agreement to construct or acquire a project authorized under Section 13-10-50, are not subject to approval by the State Budget and Control Board. The bonds are fully negotiable within the meaning of and for the purposes of the Uniform Commercial Code.

Section 13-10-80. The principal of and interest on bonds issued under this chapter are exempt from taxation, as provided in Section 12-2-50. All security agreements, indentures, and financing agreements made pursuant to the provisions of this chapter are exempt from state stamp and transfer taxes.

Section 13-10-90. No bonds may be issued pursuant to the provisions of this chapter until the proposal of the board of the authority to issue the bonds receives the approval of the State Budget and Control Board. When the board proposes to issue bonds, it shall file a proposal with the State Budget and Control Board setting forth:

(1) a brief description of the project proposed to be undertaken and its anticipated effect upon the economy of the area in which the project is to be located;

(2) a reasonable estimate of the cost of the project;

(3) a general summary of the terms and conditions of any financing agreement and security agreement.

Upon the filing of the proposal, the State Budget and Control Board shall, as soon as practicable, make an independent investigation, as it considers necessary or appropriate, and if it finds that the project is intended to promote the purposes of this chapter, it may approve the project. At any time following the approval, the board may proceed with the acquisition and financing of the project. If the proceeds of the bonds are to be made available to a company to construct a project, as provided in Section 13-10-50, notice of the approval of any project by the State Budget and Control Board must be published at least once by the authority in a newspaper having general circulation in the county where the project is to be located.

Any interested party may, within twenty days after the date of the publication notice, but not after the twenty days, challenge the validity of the approval in the court of common pleas in the county where the project is to be located.

Section 13-10-100. The bonds must be signed in the name of the board of the authority by the manual or facsimile signature of the chairman of the board and attested with the manual or facsimile signature of the secretary of the board. The bonds may be issued notwithstanding that any of the officials signing them or whose facsimile signatures appear on the bonds or the coupons have ceased to hold office at the time of issue or at the time of the delivery of the bonds to the purchaser.

Section 13-10-110. The bonds must be sold at public or private sale upon terms and conditions as the State Budget and Control Board considers advisable.

Section 13-10-120. The board of the authority or its proper administrative officers shall file with the State Treasurer within thirty days from the date of their issuance a complete description of all obligations entered into by the board with the rates of interest, maturity dates, annual payments, and all pertinent data.

Section 13-10-130. All provisions of a resolution authorizing the issuance of the bonds in accordance with this chapter and any covenants and agreements constitute legally binding contracts between the authority and the several holders of the bonds, regardless of the time of issuance of the bonds, and are enforceable by any holder by mandamus or other appropriate action, suit, or proceeding at law or in equity in any court of competent jurisdiction.

Section 13-10-140. The bonds authorized by this chapter are limited obligations of the authority. The principal and interest are payable solely out of the revenues derived by the authority, including any revenues that may be derived by the authority pursuant to the financing agreement with respect to the projects which the bonds are issued to finance. The bonds are an indebtedness payable solely from a revenue producing source or from a special source which does not include revenues from any tax or license. The bonds do not constitute nor give rise to a pecuniary liability of the authority, the State, or any political subdivision of the State, or to a charge against the general credit of the authority, the State, or any political subdivision of the State or taxing powers of the State, or any political subdivision of the State, and this fact must be plainly stated on the face of each bond. The principal of and interest on any bonds issued under this chapter must be secured by a pledge of the revenues from which the bonds are payable, may be secured by a security agreement, including a mortgage or any property given as security pursuant to a financing agreement, and may be additionally secured by a pledge of the financing agreement with respect to the project. In making any agreements or provisions, the board of the authority does not have the power to obligate itself with respect to any project for which the proceeds of bonds issued under this chapter have been loaned to a company, except with respect to the project and the application of the revenues from the financing agreement, and does not have the power to incur a pecuniary liability or a charge upon its general credit.

The trustee under any security agreement or indenture, or any depository specified by the security agreement or indenture, may be any person, or corporation as the authority designates, notwithstanding that the trustee may be a nonresident of this State or incorporated under the laws of the United States or the laws of other states.

Section 13-10-150. All funds of the authority must be invested by the State Treasurer and, upon approval and designation by the State Treasurer of a financial institution or institutions, all funds must be deposited in such institutions by the board in accordance with policies and guidelines formulated by the board. Funds of the authority must be paid out only upon warrants issued in accordance with policies established by the board. No warrants may be drawn or issued disbursing any of the funds of the authority except for a purpose authorized by this chapter.

The net earnings of the authority, beyond that necessary for retirement of its bonds or other obligations or to implement the purposes of this chapter, may not inure to the benefit of any person other than the authority. Upon termination of the existence of the authority, title to all property, real and personal, owned by it, including net earnings, vests in the State.

Section 13-10-160. The authority shall retain unexpended funds at the close of the state fiscal year regardless of the source of the funds and expend the funds in subsequent fiscal years.

Section 13-10-170. (A) Prior to undertaking any project authorized by Section 13-10-50, the board of the authority shall make a determination:

(1) that the project shall serve the purposes of this chapter;

(2) that the project is anticipated to benefit the general public welfare of the locality by providing services, employment, recreation, or other public benefits not otherwise provided locally;

(3) that the project shall give rise to no pecuniary liability of the authority, the State, or a political subdivision of the State, or charge against the general credit of the authority, the State, or a political subdivision of the State, or taxing power of the State or a political subdivision of the State if the proceeds are loaned by the authority to a company to construct a project;

(4) as to the amount of bonds required to finance the project;

(5) as to the amount necessary in each year to pay the principal of and the interest on the bonds proposed to be issued to finance the project;

(6) as to the amount necessary to be paid each year into any reserve funds which the board may consider advisable to establish in connection with the retirement of the proposed bonds and the maintenance of the project.

The determinations of the board must be set forth in the proceedings under which the proposed bonds are to be issued.

(B) Every financing agreement between the authority and a company with respect to a project shall contain an agreement obligating the company to complete the project if the proceeds of the bonds prove insufficient, and obligating the company to pay an amount under the terms of a financing agreement, which, upon the basis of the determinations made by the board, is sufficient:

(1) to pay the principal of and interest on the bonds issued to finance the project;

(2) to build up and maintain a reserve considered by the board to be advisable in connection with the project;

(3) to pay the costs of maintaining the project in good repair and keeping it property insured, unless the financing agreement obligates the company to pay for the maintenance and insurance of the project.

Section 13-10-180. The proceeds from the sale of any bonds issued under authority of this chapter may be applied only for the purpose for which the bonds were issued, except any premium and accrued interest received in any sale must be applied to the payment of the principal of or the interest on the bonds sold, and if for any reason any portion of the proceeds are not needed for the purpose for which the bonds were issued, that portion of the proceeds must be applied to the payment of the principal of or the interest on the bonds.

(1) the actual cost of the construction of any part of a project, including architects', engineers', and attorneys' fees;

(2) the purchase price of any part of any project that may be acquired by purchase;

(3) all expenses in connection with the authorization, sale, and issuance of the bonds to finance the acquisition;

(4) the interest on the bonds for a reasonable time prior to construction and for not exceeding one year after completion of the construction.

Section 13-10-190. The regulations of the authority must be promulgated in accordance with Chapter 23 of Title 1.

Section 13-10-200. The authority may establish profit or not-for-profit corporations as the authority considers necessary to carry out the purposes of this chapter. Officials or employees of the authority may act as officials or employees of any such corporations created pursuant to this section without additional compensation. Any corporations created pursuant to this section are considered to be `public procurement units' for purposes of Article 19, Chapter 35 of Title 11.

The authority may make grants or loans to, or make guarantees for, the benefit of a not-for-profit corporation which the authority has caused to be formed whose articles of incorporation require that its directors be elected by members of the authority and all assets of which, upon dissolution, must be distributed to the authority if it is in existence, or, if it is not in existence, then to this State.

These grants, loans, or guarantees may be made upon a determination by the authority that the receiving not-for-profit corporation is able to carry out the purposes of this chapter and on the terms and conditions imposed by the authority.

A guarantee made by the authority does not create an obligation of the State or its political subdivisions and is not a grant or loan of the credit of the State or a political subdivision. A guarantee issued by the authority must be a special obligation of the authority. Neither this State nor any political subdivision is liable on a guarantee nor may they be payable out of any funds other than those of the authority and a guarantee issued by the authority must contain on its face a statement to that effect.

Section 13-10-210. The property of the authority is not subject to any taxes or assessments, but the authority shall negotiate a payment in lieu of taxes with the appropriate taxing authorities.

Section 13-10-220. Notwithstanding any provision of law or regulation, the authority continues to be an `agency' for purposes of Chapter 78 of Title 15; however, the authority is not considered to be an `agency' or `state agency' or any other form of state institution for purposes of Sections 2-7-65 and 2-57-60.

Section 13-10-1230. If any term or provision of this chapter is found to be illegal or unenforceable, the remainder of this act nonetheless remains in full force and effect and the illegal or unenforceable term or provision is deleted and severed from this chapter./

Renumber sections to conform.

Amend title to conform.

Senator SALEEBY explained the amendment.

The amendment was adopted.

Senator SETZLER spoke on the Bill.

Senator LOURIE objected to further consideration of the Bill.

S. 1483 -- Senator Shealy: A BILL TO AMEND SECTION 38-77-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST AN INCREASE IN AUTOMOBILE INSURANCE PREMIUMS AFTER CERTAIN FIRST OFFENSE VIOLATIONS, SO AS TO ADD THE VIOLATION OF NOT HAVING A HEADLIGHT IN GOOD WORKING ORDER TO THE OFFENSE FOR WHICH NO AUTOMOBILE INSURANCE PREMIUMS MAY BE INCREASED AS A RESULT OF THAT VIOLATION.

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

Senator SHEALY proposed the following Amendment No. 1 (436\12477.DW), which was adopted:

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

/SECTION 1. Section 38-77-360 of the 1976 Code, as last amended by Act 148 of 1989, is further amended to read:

"Section 38-77-360. (A) A person who is guilty of a violation, for a first offense, of Section 56-5-5310 for not having a taillight or headlight in good working order or a person who is guilty of a violation, for a first offense, of Section 56-5-1520 for driving too fast for conditions may not have his automobile insurance premiums increased as a result of that violation.

(B) A person violating Section 56-5-5310, for a first offense, has ten days to repair the taillight or headlight. If this person is found in violation of Section 56-5-5310 as stated in subsection (a), after the ten-day period, he must be punished as provided by law."
SECTION 2. This act takes effect upon approval by the Governor./

Amend title to read:

TO AMEND SECTION 38-77-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST AN INCREASE IN AUTOMOBILE INSURANCE PREMIUMS AFTER CERTAIN FIRST OFFENSE VIOLATIONS, SO AS TO ADD THE VIOLATION OF NOT HAVING A HEADLIGHT IN GOOD WORKING ORDER TO THE OFFENSE FOR WHICH NO AUTOMOBILE INSURANCE PREMIUMS MAY BE INCREASED AS A RESULT OF THAT VIOLATION./

Senator SHEALY explained the amendment.

The amendment was adopted.

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

H. 4093 -- Reps. P. Harris, Waldrop and Neilson: 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.

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\2586.AC) was adopted as follows:

Amend the bill, as and if amended, Section 44-81-40(D), by adding at the end of the subsection:

/A resident or a resident's representative must give a facility thirty days' notice when the resident is transferring from or seeking discharge from the facility, except that when the resident's health or medical condition does not permit a thirty-day notice, then the time for giving notice is that which is practicable under the circumstances./

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

S. 1526 -- Senator Matthews: A BILL TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO DELETE A PORTION OF THE OLD UNITED STATES ROUTES 15 AND 301 IN ORANGEBURG COUNTY FROM THE STATE HIGHWAY SYSTEM AND TO TRANSFER THIS PORTION OF THE ROAD TO THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY.

(By prior motion of Senator MATTHEWS)

S. 1527 -- Senator Matthews: A BILL TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO REMOVE FROM THE STATE HIGHWAY SYSTEM THAT PORTION OF ROAD S-38-733 WITHIN THE CAMPUS OF DANTZLER MIDDLE SCHOOL IN ORANGEBURG COUNTY.

(By prior motion of Senator MATTHEWS)

H. 4120 -- Rep. Haskins: A BILL TO AMEND SECTION 44-79-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICAL FITNESS SERVICES CREDIT CONTRACTS, SO AS TO DEFINE THAT "BUSINESS DAY" MEANS MONDAY THROUGH FRIDAY EXCLUDING STATE AND FEDERAL HOLIDAYS.

On motion of Senator THOMAS, H. 4120 was ordered to receive a third reading on Friday, May 1, 1992.

H. 4266 -- Reps. Harvin and D. Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-2015 SO AS TO ESTABLISH A FISH SANCTUARY IN THE ST. STEPHEN REDIVERSION CANAL BETWEEN THE CORPS OF ENGINEERS' POWERHOUSE AND THE ATLANTIC COASTLINE RAILROAD BRIDGE.

On motion of Senator HOLLAND, H. 4266 was ordered to receive a third reading on Friday, May 1, 1992.

H. 4684 -- Reps. Wilkins, Kinon, McAbee and McGinnis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-3-480 SO AS TO ALLOW THE GOVERNOR TO AUTHORIZE THE NATIONAL GUARD TO SUPPORT FEDERAL, STATE, AND LOCAL LAW ENFORCEMENT AGENCIES IN DRUG ENFORCEMENT MATTERS, AND TO AUTHORIZE THE GOVERNOR TO DELEGATE HIS AUTHORITY UNDER THIS SECTION TO THE ADJUTANT GENERAL WHO IS ALLOWED SPECIFICALLY TO ENTER INTO MUTUAL ASSISTANCE AND SUPPORT AGREEMENTS WITH LAW ENFORCEMENT AGENCIES FOR ACTIVITIES WITHIN THIS STATE.

On motion of Senator WILSON, H. 4684 was ordered to receive a third reading on Friday, May 1, 1992.

S. 1085 -- Senator Rose: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 24, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO LAW ENFORCEMENT OFFICIALS, PROSECUTORS, ADMINISTRATIVE OFFICERS, AND THE ATTORNEY GENERAL, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY MAY PROVIDE BY LAW FOR THE AGE AND QUALIFICATIONS OF CORONERS.

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

Senator ROSE proposed the following Amendment No. 1 (JUD1085.001), which was adopted:

Amend the resolution, as and if amended, page 1, beginning on line 27, as contained in SECTION 1, by striking the words /and coroners/ and inserting therein:

/, the training requirements of coroners,/ .

Amend the resolution further, as and if amended, page 2, line 2, as contained in SECTION 2, by striking the words /age and qualifications/ and inserting therein:

/training requirements/ .

Amend title to conform.

Senator ROSE explained the amendment.

The amendment was adopted.

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

On motion of Senator ROSE, with unanimous consent, S. 1085 was ordered to receive a third reading on Friday, May 1, 1992.

H. 3630 -- Rep. Hodges: A BILL TO AMEND SECTION 33-16-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT A CORPORATION IS REQUIRED TO REPORT TO SHAREHOLDERS SHARES ISSUED FOR PROMISSORY NOTES OR FOR PROMISES TO RENDER SERVICES IN THE FUTURE, SO AS TO EXEMPT A CORPORATION THAT IS SUBJECT TO THE REPORT REQUIREMENTS OF THE SECURITIES AND EXCHANGE ACT OF 1934, IF THE SHARES ARE ISSUED PURSUANT TO A PLAN THAT HAS BEEN APPROVED BY THE SHAREHOLDERS OF THE CORPORATION.

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

Senator WILLIAMS proposed the following Amendment No. 1 (JUD3630.002), which was adopted:

Amend the bill, as and if amended, page 1, beginning on line 28, by striking subsection (b), as contained in SECTION 1, in its entirety and inserting therein the following:

/"(b) If a corporation issues or authorizes the issuance of shares for promissory notes or for promises to render services in the future, the corporation shall report in writing to the shareholders the number of shares authorized or issued, and the consideration received by the corporation, with or before the notice of the next shareholders' meeting. However, this report is not required for a corporation subject to the registration requirements of Section 12 of the Securities Exchange Act of 1934, if the shares are issued or authorized pursuant to a plan that has been approved by the shareholders of the corporation."/

Amend title to conform.

The amendment was adopted.

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

H. 4092 -- Rep. Rama: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 43, TITLE 44 SO AS TO ENACT THE BONE MARROW DONOR ACT.

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\2650.AC) was adopted as follows:

Amend the bill, as and if amended, Section 44-43-70(A), by deleting the first sentence in that subsection and inserting: /Bone Marrow Donor Programs are established within the Medical University of South Carolina and within the University of South Carolina./

Amend further, Section 44-43-70(B), page 2, line 5, by inserting /and the University of South Carolina/ after /Carolina/.

Amend further, Section 2, by deleting the first sentence and inserting /Between July 1, 1992, and June 30, 1993, the Medical University of South Carolina and the University of South Carolina through their bone marrow donor programs shall conduct bone marrow donor drives to encourage state employees to volunteer to be potential bone marrow donors./

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.

S. 1086 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 17-5-130 AND 17-5-140 SO AS TO PROVIDE QUALIFICATIONS AND TRAINING REQUIREMENTS FOR CORONERS; AND TO CREATE THE SOUTH CAROLINA TRAINING COUNCIL AND PROVIDE FOR ITS MEMBERSHIP, FUNCTIONS, POWERS, AND RESPONSIBILITIES.

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

Senator ROSE proposed the following Amendment No. 1 (JUD1086.004):

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

/SECTION 1. Chapter 5, Title 17 of the 1976 Code is amended by adding:

"Section 17-5-130. (A) After July 1, 1993, every newly elected coroner in his first term is required to complete a training session to be determined by the South Carolina Law Enforcement Training Council. This training must be completed no later than one hundred eighty days into the first calendar year of the first term of the newly elected coroner's term of office. A newly elected coroner who is unable to attend this training course when offered because of an emergency or extenuating circumstances shall complete the standard basic course of instruction required of newly elected coroners within one hundred eighty days from the date the disability or cause terminates. A newly elected coroner who does not fulfill the obligations of this subsection is subject to suspension and replacement by the Governor until the coroner completes the course of instruction.

(B) (1) After December 31, 1993, no person is eligible to hold the office of coroner or deputy coroner unless he attends a minimum of sixteen hours training annually as may be selected by the South Carolina Law Enforcement Training Council and has on file a certificate to that effect with the council.

(2) The basis for the minimum annual requirement of in-service training is the calendar year. A coroner who satisfactorily completes the basic training course in accordance with the provisions of this section after the one hundred eighty-day period for newly elected coroners is excused from the minimum annual training requirements for the calendar year during which the basic course is completed.

(3) A waiver of the requirements of minimum annual in-service training may be granted by the board of directors of the South Carolina Coroners Association, at its reasonable discretion, upon the presentation of evidence by a coroner that he was unable to complete the training due to emergency or extenuating circumstances considered sufficient by the board.

(4) A coroner who fails to complete the minimum annual in-service training required by this section and who fails to obtain a waiver from the board of directors of the South Carolina Coroners Association may be suspended from office, without pay, by the Governor for ninety days. The Governor may continue to suspend a coroner until he completes the annual minimum in-service training required in this section. The Governor shall appoint, at the time of the coroner's suspension, a qualified person to perform as acting coroner during the suspension.

(C) The South Carolina Law Enforcement Training Council shall appoint a Coroners Training Advisory Committee to assist in the determination of training requirements for coroners and deputy coroners. The committee shall consist of no fewer than five coroners and at least one physician trained in forensic pathology as recommended by the South Carolina Coroners Association. The members of the committee shall serve without compensation."

SECTION 2. This act takes effect upon approval by the Governor and when the Constitution of this State is amended to authorize the provisions of the act./.

Amend title to conform.

Senator HINSON objected to further consideration of the Bill.

H. 4291 -- Reps. A. Young, Fulmer, H. Brown, Rama, G. Bailey, Hallman, R. Young, Wofford, Haskins, Wells, Gentry, Felder, Whipper, Gonzales, Vaughn, Meacham, Cooper, Baker, Fair, Cato, Waldrop and Kirsh: A BILL TO AMEND SECTION 61-3-490, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE OF INTENTION TO APPLY FOR AN ALCOHOLIC LIQUOR LICENSE, SECTION 61-5-50, RELATING TO THE GRANTING OF A LICENSE, AND SECTION 61-9-320, RELATING TO THE QUALIFICATIONS FOR A BEER OR WINE PERMIT, SO AS TO REVISE THE NOTICE REQUIREMENTS FOR LICENSES AND PERMITS TO MAKE THEM CONSISTENT AND PROVIDE FOR PUBLICATION OF NOTICE IN A LOCAL NEWSPAPER PUBLISHED IN THE AREA.

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

Senator LAND proposed the following Amendment No. 1 (N05\8571.BD):

Amend the bill, as and if amended, Section 61-3-490(A), SECTION 1, Section 61-5-50(4), SECTION 2, and Section 61-9-320(7), SECTION 3, after /The commission shall determine which newspapers meet the requirements of this section based on available circulation figures./ by inserting /However, if a newspaper is published within the county and historically has been the newspaper where the advertisements are published, the advertisements published in that newspaper meet the requirements of this section./

Amend title to conform.

On motion of Senator J. VERNE SMITH, the Bill was carried over.

S. 790 -- Senator Nell W. Smith: A CONCURRENT RESOLUTION TO SUPPORT THE UNITED NATIONS "CONVENTION ON THE RIGHTS OF THE CHILD" AND TO REQUEST AGENCIES PROVIDING SERVICES TO CHILDREN TO AIM TO ACHIEVE THE GOALS OF THE CONVENTION.

Whereas, children have inalienable human rights, such as the right to food, shelter, health care, education, protection from abuse, and the right to develop in a safe environment free from discrimination; and

Whereas, children in the United States and throughout the world face a variety of crises that threaten their proper development; and

Whereas, children remain the subject of abuse, neglect, and exploitation; and

Whereas, there is insufficient support for the maintenance of caring and nurturing families; and

Whereas, it is the duty of government to ensure that children receive the level of support necessary for the realization of these rights; and

Whereas, on November 20, 1989, the United Nations General Assembly voted to adopt a new international treaty for the protection of children; and

Whereas, the "Convention on the Rights of the Child" details the civil and political rights of children, as well as social, economic, and cultural rights; and

Whereas, setting basic rights for children as whole persons requires rethinking programs for families and children. Now, therefore,

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

That the General Assembly of the State of South Carolina affirms its support for the "Convention on the Rights of the Child", as adopted by the United Nations General Assembly on November 20, 1989, and calls on all agencies in South Carolina, especially those concerned with the housing, nutrition, education, protection, medical care, recreation, and economic opportunity for children, to ensure that even in increasingly difficult economic times their programs aim to achieve the goals of the "Convention on the Rights of the Child".

Be it further resolved that a copy of this resolution be published in the next issue of the State Register.

Senator DRUMMOND moved that the Resolution be adopted.

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

Bryan Carmichael Cork
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 Concurrent Resolution was adopted, ordered sent to the House.

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

On motion of Senator HOLLAND, with unanimous consent, the Bill was recommitted to the Committee on Fish, Game and Forestry.

There was no objection.

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

Senator MITCHELL explained the Bill.

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

H. 4281 -- Rep. Snow: A BILL TO AMEND SECTION 46-13-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTRATION OF PESTICIDES AND RELATED DEVICES, SO AS TO CHANGE THE REGISTRATION RENEWAL DATE AND REVISE THE FEES; TO AMEND SECTION 46-13-60, AS AMENDED, RELATING TO THE STANDARDS FOR CERTIFICATION OF APPLICATORS OF PESTICIDES, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS WHEN THE LICENSE OF AN APPLICATOR WHOSE FINANCIAL RESPONSIBILITY LAPSES, EXPIRES, OR CEASES TO COMPLY IS SUSPENDED AND DELETE THE REFERENCE TO CANCELED LICENSES; TO AMEND SECTION 46-13-100, RELATING TO EVIDENCE OF FINANCIAL RESPONSIBILITY FOR A COMMERCIAL APPLICATOR'S LICENSE, SO AS TO PROVIDE FOR COVERAGE OF THE APPLICATION OF PESTICIDES BY THE APPLICATOR OR HIS AGENTS OR EMPLOYEES, REVISE THE AMOUNT AND EVIDENCE REQUIRED FOR FINANCIAL RESPONSIBILITY, PROVIDE REQUIREMENTS FOR A SURETY BOND OR INSURANCE POLICY, PROVIDE FOR AERIAL APPLICATORS, PROVIDE FOR SELF-INSURANCE, AND PROVIDE REQUIREMENTS FOR THE INSURANCE OR BOND COVERAGE FOR COMMERCIAL APPLICATORS; AND TO AMEND SECTION 46-13-210, RELATING TO JUDICIAL REVIEW OF ACTION BY THE DIRECTOR OF THE DIVISION OF REGULATORY AND PUBLIC SERVICE PROGRAMS, COLLEGE OF AGRICULTURAL SCIENCES, CLEMSON UNIVERSITY, SO AS TO PROVIDE FOR REVIEW ONLY OF CONTESTED CASES AND PROVIDE THAT A WARNING OR A CAUTIONARY LETTER IS NOT JUDICIALLY REVIEWABLE.

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

S. 1520 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE ENVIRONMENTAL CERTIFICATION BOARD, RELATING TO BIOLOGICAL WASTEWATER TREATMENT PLANT OPERATORS, PHYSICAL/CHEMICAL WASTEWATER TREATMENT PLANT OPERATORS AND WATER TREATMENT PLANT OPERATORS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1390, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Senator LEATHERMAN, the Joint Resolution was carried over.

MOTION ADOPTED
On motion of Senator ROBERT W. HAYES, JR., with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Legrand Guerry of York, S.C.

Senator LEATHERMAN moved that when the Senate adjourns on Friday, May 1, 1992, it stand adjourned to meet next Tuesday, May 5, 1992, at 12:00 Noon, which motion was adopted.

At 1:45 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.

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